I only partially agree with the ruling, which I covered quickly but thoroughly in the Tubes Sites Part II thread, because the tube sites mentioned here are compliant with digital copyright law, from what I can see. I know the tube site itself uploads most of the content and surely they would not do so without permission. It's that they spawned so many more that aren't getting permission at all that really matters. Those 2-10 minute clips aren't the problem, it's the 30+ ones taken straight from big-name studio releases that are the problem. The ruling could be used as precedent for Unfair Practices and if it's someone going after these sites, that is fine. But if they have actual copyright infringement on their hands and the judge says that "tube sites get permission for content" then that is death blow for the pornography industry. I never thought Unfair Practice charges would work, but I didn't expect tube site owners and advertisers to use the hearings to defend a whole copyright infringing business model!
ummm....ok...there is actually a big mind-changer in this judgement for me: "The undisputed evidence showed that Bright obtains most of the videos it shows on Redtube free of charge from advertisers who pay Bright to display their videos containing their ads. " So now that a judge has found that most Redtube videos are not, in fact, bootlegs but given to them by legal agreement, can we stop the ADT ban on links to Redtube?
so the secret is out..."Brazzers" means "brothers" but said with foreign accents. "Keez" is part of one of the owners last names. I love when mainstream press covers the industry--everything comes out.
it's interesting to learn how most porn consumers use only 10 minutes or less of porn. They get off and move on. This suggests a new model to my mind: 1. Make gonzo scenes 10 minutes instead of 20-45 minutes. 2. Use the time and money you save making shorter gonzo scenes into making features better. 1. To many people (not me), gonzo scenes are boring because they just go on and on, and because they follow a short list of formats. But both I and impatient porn lovers agree that the trailers for videos always seem like a lot of thought and time was put into them. Porn trailers are sometimes as well done as mainstream music videos (particularly Evil Angel and Killergram). So make scenes that look as slick as the ads for your scenes. Condense everything (oral, piv, anal, cumshot) into a ten-minute quick-cut funfest with hot rock/rap background music. Would 10 minute videos cut down on actual production time and money? You guys tell me. Shorter gonzo scenes could also lead to either A. shorter DVD running times or B. fewer releases as it may take longer to produce 12 scenes for a 2-hour video than 4 scenes for a 2-hour video. 2. How does the porn industry make features better? Every director already knows how. Every porn director already has a fantasy of the kind of Hollywood-style porno he'd make if he just had a Hollywood budget. He may prefer making gonzo, but he's at least thought about it. Make THAT. If there's anything that's been consistent in the industry over these past 40 years, it's that quality features that attempt to tell a story are the titles that have legs. Features with less sex and more story may not please diehard porn fans, BUT THEY SURE SELL MORE COPIES! Making features that you can edit down to a softcore R means hotel and cable and Netflix money. Plus it sends those customers to the porn retailers to look for the uncut version (and other videos by your company). Just like I tell my soccer kids who pout and complain whenever someone takes the ball from them: "They're SUPPOSED to steal it from you Sarah! NOW GO GET IT BACK!"
I love Brazzers. They are the one of the few pay sites (that I've used) that offers a great long term deal (price) and allow you to download the full scenes to keep. I've run into a bunch of sites where it can only be viewed on their site and streaming with no download option. Bravo Brazzers. Keep it up.
^That's one of the reasons why I'm a long term Brazzer member. They have many crappy scenes but when they have a good one then it's often worth the join price. Not too mention that most of the similar sites have far more crappy scenes than Brazzer.
It's just the nature of the entertainment media in general, because taste is so subjective. Is there a studio, mainstream or porn, that half it's features are a gem? Books probably have any even higher dissapproval ratio, personally I have read thousands of books and have truly loved four or five dozen.
A website costing $20-30 per month, with "only" 5 or 6 good scenes is still a better deal than buying 1 or 2 DVD's for the same money. Most DVD's have 2 good scenes at most.
This article says Brazzers owns a specific tube site that I decided to investigate, but two clicks in I discovered a 45 minute clip from Jenna Haze's Legs Up Hose Down. There's no way the posting was authorized but the tube site can still claim legitimacy. Trying to shut the whole site down violates free speech laws, and removing each individual violation requires resources that it doesn't appear Jenna or JJV has available. There was an article about Manwin, another tube site entrepreneurial force, experimenting with using filters to preempt pirated uploads much like movie industry does. But Brazzers makes trailers public property, as do other sites. Preventing them from being uploaded to tube sites violates these companies' rights. However it still sounds like a necessary first step, and at the same time might only give more cover for the deceptive free porn industry. Catch-22. Furthermore, the upload didn't identify the movie it was lifted from, only the performers. Blocking individual names can't be done as performers also appear in authorized clips and again, studios can't be denied the privilege to advertise a scene. If Jenna Haze doesn't want a scene featuring Faye Reagan and Dani Jensen uploaded, but Erik Everhard wants to add a preview of a similar scene then Jenna's insistence on a filter for "Faye Reagan/Dani Jensen" violates Everhard's free speech rights. EDIT: Even the name of tube sites is not allowed, even if it was placed for dramatic effect/precise clarification. Edited by - Cody McLarge on 2/8/2011 4:30:11 PM
Manwin owns Brazzers and all those mega tubes. Apparently they hammered out some kind of deal with FSC and several porn studios. Basically, they are going to use content ID like YouTube does, called APAP to 'fingerprint' footage. (see article) But naturally, studios need to join APAP program and submit their content for it to be effective. I am very curious about whether that will actually work.
Yuck. I think one of the best series going right now is Manuel Ferrara's RAW (see also Mike John's TOTALLY UNPROFESSIONAL). It's MF and his gal du jour in an extended scene, up to 90 minutes, just hangin' and bangin' .... Totally "real" and down to earth, POV, high intimacy. Also a very high verite, you-are-there feeling. Lots of personality. Everything porn usually isn't. 5-min clip tube porn sucks. It's obvs effective for a quick wank. But it's reductive and boring.
That's funny you say that, that is exactly how most of my Brazzers and Reality Kings downloads end up, after I edit the piss out of them and add music. Pretty invigorating stuff for my daily 45 minute treadmill walk. Watching the 50in Sony hooked with a sound system sure beats the old days with a Walkman and jogging outside in the cold. Katy Perry, Madonna, and Beyonce work especially well.
Hey , some are downright inspiring! Elegant Angel's stuff works best, and after 8 minutes of watching Katrina Rose's butt get plowed by Manuel Ferrara to Wagner's_Ride of the Valkyries, you're ready to get off that treadmill and liberate some oppressed third world country. I shit you not!
+1 A lot of sites the same one another, a lot of boring one-to-one scenes, a lot of fake tits fake lips fake butts and women that looks trannies. I loved bangbros but now i prefer pornpros, I love the fact they book the fresher, cooler, more natural and more popular teens in the bitz and their sites offer really many choices (my favorites are Massage Creep and Deep Throat Love).
Advertisers pay the site to host content, which makes that content available to the public. Once it's part of the public sphere, any attempt to deny the public access to that content violates the advertiser's right to post content, which is an act of free speech. You can't go around shutting down tube sites because they threaten your business. It's seen as a "strategic lawsuit against public participation" (SLAPP). Even if the sites steal content, the advertisers must be allowed to post their content.
It is to a degree. That's where Obscenity comes in and Obscenity isn't covered by the 1st Amendment. Let me see if I'm understanding this right. You're saying that once something is posted in the public sphere, it automatically becomes public and it's against someone's 1st Amendment right to have it taken down if it's copyrighted material? Like if someone posts a scene from Movie A on a tube site, once it's posted, they can't have the site take it down because it violates an advertiser's 1st Amendment rights? Is this what you're saying or am I way off base?
But we as fans and consumers of pornography certainly wouldn't want it to be unprotected.
No. the upload must be authorized by the copyright holder. A producer, such as Brazzers, must give permission to have the scene posted in order for it to be protected. If the person who uploads the scene did not get permission, then it can be taken down. It happens all the time. However, the entire tube site operates as a public forum for authorized users to upload content they own. Attempting to deny them this forum is violation of their right to free speech and perhaps a violation of free enterprise as well. If the owner agrees to allow the content to become a matter of interest to the viewing public, which has been given permission to access the content for free, it is a protected act of free speech. A movie company posting a trailer on youtube has the exact same rights as a porn producer posting a trailer on a tube site, or giving permission/commission to post content. If you can't shut down youtube even though users upload copyrighted material without permission, you can't shut down a tube site for similar violations. It's about public participation, hosting content as an act of free speech. Any wholesale lawsuits to shut down tube sites will inevitably fail because they are seen as an attempt to stifle a content owner's right to post material. I may have chosen grad school over law school, but I think know my way around entertainment law. However, if anything appears to be off base, I'd like Pornlaw or one of our other members with legal experience to offer corrections.
seems like all tube sites are getting served by companys for not doing enough to stop users uploading copyrighted material.. nba/nfl/nhl/ufc trying to shutdown justin.tv brazzers might not have released a scene worth getting off to since Jenny Hendrix in Big Wet Butts but from the article/pic they definately smart dudes making the most of internet to push there brand wouldn't surprise me if they involved in the whole porn warez scene on every level. does not matter what kind of entertainment it is, as long the internet is around so will the never ending cycle of piracy... then leechers upload to tube sites lol off topic but worth mention that sony did well, the ps3 was piracy proof for over 4 years!
A tube site may be accessible to the public, but I doubt it can be seen as a free speech zone. If this was possible you could sue Google for not allowing porn on YouTube.
pornography wasn't sex but fantasies of an impossibly hospitable world 12377 Posts 9/07
Posted - Feb 11 2011 : 3:00AM
Your logic seems flawed to me, this all depends on what country your talking about and really even which judge is looking at the case. But to me, how is it any different from the requirement that if someone runs a pawn shop, they're responsible for due diligence in not knowingly buying stolen material and selling it to the public.
YouTube has to allow nudity that has "artistic value." They've taken this to mean that they can only block user-generated content that features nudity and implement age restrictions for other material. They have been sued for disallowing material posted by an artist because it contained nudity and though porn hasn't attempted to push such an envelope they very well could. However, suing YouTube for censoring pornography might open Pandora's box on whether or not porn is protected in the public sphere. Tube sites fail to ask for age restrictions, another issue entirely, but make the posting of porn a key part of their platform. One porn producer attempting to shut them down for whatever reason is seen as a strategic lawsuit against public (authorized) participation. The tube site allowing porn to be a part of their public presence is actually key.
It does depend on whether or not the country allows the production and display of pornographic material as free speech. To be clear, we're talking about viewing porn in the United States alone. It might depend on the judge though I think the law is pretty clear when it comes to attempts by one member of the industry suing to prevent another from carrying on as they wish, especially if they attempt to comply with other laws dictating their practices. Most of those get uncontroversial SLAPPs and porn is no exception. How is it different? For one, it occurs in cyberspace where an anonymous user can utilize the technology afforded to them to upload whatever they wish. But as I understand it, the pawn shops work in coordination with professional police forces to identify stolen material. For that to work, material has to be reported stolen. Porn companies are free to issue cease and desist orders and even copyright infringement orders (which might have fines and obligations attached) to people who upload unauthorized material (like a scene from a film). One way to do that is enter the scenes in to the Free speech Coalition's APAP program which provides video fingerprinting analysis to identify offending content on user-accessible websites. The tube sites get to carry on offering free porn and receiving commissions for viewers, while aiding in preventing copyright infringement. Win/win? Maybe, studios DO need to submit video for analysis, and issue orders.
According to what law? It doesn't have to, that's my point. YT is a private property in cyberspace. A privately owned and run enterprise cannot be expected to be a platform for public free speech. Google may decide that people can't post videos of cats and there is nothing anyone will be able to do about it except complaining.
Not sure why my post was LOCKED, so I'll ask the question here: Just curious. I know that tube sites are kind of a "touchy" subject around here, but what about all the sites that Manwin/Brazzers own (don't think I can name them here, so I won't)? They even partnered with Wicked. So, would they get a pass?
Really? That addresses the sites/companies in this thread? I didn't see any. Search is one of the first things I do before starting a thread. I'm simply trying to find out if the sites Manwin owns would be considered legitimate. That's all.
#SDNY he's all yours. -- Michael Steele 5110 Posts 3/03
Posted - Feb 18 2011 : 2:54AM
I don't think the owners of ADT have announced any kind of policy with regard to tubesites that may arguably not be pirate sites, nameless. As a practical matter, it would probably be difficult, if not impossible, for them to even be able to keep track of which are which, even if they were inclined to want to try to do it (which they probably aren't).