trog
AGN Admin
Brisbane, Queensland
35636 posts
This is an awesome story.
In a nutshell, someone in California was accused of distributing some porno movie on the BitTorrents. She claims that is bullshit, and that she is being harassed by this porn company. She has counter-sued and is now attempting to claim that creators of porn are not actually able to copyright it because of an old US law which states that "obscene" works cannot be copyright: “Article 1, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress: ‘To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,” the lawsuit details, adding:
“Early Circuit law in California held that obscene works did not promote the progress of science and the useful arts, and thus cannot be protected by copyright.”
...
Wong is asking the court to issue an order declaring that not only is she not liable to Hard Drive for infringement, but that the company’s movie is not copyrightable and is illegal due to Hard Drive engaging in “solicitation, conspiracy to commit prostitution, pimping and/or pandering,” during its production. I look forward to the porn lobby getting copyright law changed, or figuring out a way to claim that porn is not "obscene"!
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FaceMan
Brisbane, Queensland
8253 posts
Porn is protected by the First Amendment, this is State Law Vs Federal law.
Those two girls drinking Donkey Semen was Obscene but you would agree that Fear Factor owned a copyright on that 'performance' ?
The Exorcist is another, a host of Obscene movies are still protected by Copyright. Dont like her chances.
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Captain Lateral
Brisbane, Queensland
4369 posts
“Early Circuit law in California held that obscene works did not promote the progress of science and the useful arts, and thus cannot be protected by copyright.” Jersey shore fits that description too.
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Nerfy
Brisbane, Queensland
5320 posts
If there's one industry that actually does need protection from pirating, but would likely be the last to get it, it's porn. :/
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trog
AGN Admin
Brisbane, Queensland
35638 posts
Yeh I can't see it going anywhere either, but it is a bold attempt and more interesting than Yet Someone Else Being Sued for using BitTorrent
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Reverend Evil
Wynnum, Queensland
19835 posts
So the porn guys spend millions of dollars making movies and paying actors but they can't copyright their work? And how is porn "obscene"? People have sex all the time and do kinky shit. Maybe stuffing eels down your vag is taking things a bit too far but the average porn movie shouldn't be labeled that.
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TicMan
Melbourne, Victoria
7707 posts
Don't know if it's related or not but surely the days of professional porn or full length features, etc is over. There is dozens and dozens of *tube sites that allow people to upload themselves doing the hanky panky and accessible to all for free so why would you pay money for the ridiculously fake stuff that the adult studios turn out.
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Eorl
Brisbane, Queensland
5153 posts
Wonder what the Porn industries stance on SOPA and the CPA is...
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DeadlyDav0
Brisbane, Queensland
1536 posts
Don't know if it's related or not but surely the days of professional porn or full length features, etc is over. There is dozens and dozens of *tube sites that allow people to upload themselves doing the hanky panky and accessible to all for free so why would you pay money for the ridiculously fake stuff that the adult studios turn out.
Amateur stuff is different to professional stuff.
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Pinky
Melbourne, Victoria
12545 posts
Rev beat me to the punch. Words like 'obscene' in law are relevant to the times. Porn is not obscene and this will be thrown out straight away.
TicMan, there are plenty of companies making feature length porn like Wicked Pictures and so on. You are referring mostly to 'gonzo' porn - hasty, lower budget, one scene. There is a market for both.
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simul
Brisbane, Queensland
1307 posts
“Early Circuit law in California held that obscene works did not promote the progress of science and the useful arts, and thus cannot be protected by copyright.”
Sending this to a mate that lives in CA who got in trouble for downloading Transporter 2.
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Reverend Evil
Wynnum, Queensland
19839 posts
Why did he get in trouble for leeching Transporter 2? That was the best of the series.
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teq
Brisbane, Queensland
12468 posts
Porn is not obscene and this will be thrown out straight away.
Do remember, these are likely 80 year old white men presiding over the case
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Aaron
Wollongong, New South Wales
3 posts
I feel that porn, like other media should be protected by copyright. However my question is how did they catch her torrenting the file?
last edited by trog at 14:00:04 07/Feb/12
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Nerfy
Brisbane, Queensland
5324 posts
However my question is how did they catch her torrenting the file?
When you make a p2p connection for torrenting, you get the other peer's ip address, so they can just get an ip doing the same, take the ip to the ISP, and get the details from them (perhaps with a court order or somesuch, I dunno).
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natslovR
Sydney, New South Wales
7622 posts
The more interesting bit of the case is that they didn't issue dmca notice to take down the torrents to reduce damages, and that they have dirty hands from either contributing to infringement themselves by connecting to the torrent or that they were running honeypots.
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Nathan
Brisbane, Queensland
3949 posts
IANAL but based on existing law:
Whether the performance of porn is a creative work or "obscene" is irrelevant.
Its well established that photographs of non-protected, public places (like say, Sydney Harbour Bridge) are in themselves copyrighted, because of the "creativity" involved in taking the photo.
Thus in that context, the act of _filming_ pornography is clearly a creative work, thus the film is protected even if the performance itself is not.
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Aaron
Wollongong, New South Wales
7 posts
moreso related to her getting caught, how can oneself hide their ip address when torrenting. is it possible to use a spoof on your torrents?
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blahnana
Brisbane, Queensland
748 posts
So the porn guys spend millions of dollars making movies and paying actors
You must be watching a higher class of porn than I do!
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Pinky
Melbourne, Victoria
12551 posts
moreso related to her getting caught, how can oneself hide their ip address when torrenting. is it possible to use a spoof on your torrents?
You can block listed IP addresses from connecting to your computer as a peer (and therefore confirm you are sharing a copyrighted item) using software like PeerGuardian but you will always be visible at the [public] tracker, so it doesn't really solve your problem. The only way to avoid authorities being able to determine your activity with the torrent system is to use private trackers which are a trusted network.
@blahnana, saw a doco on porn on SBS a while back and apparently women can earn up to $250k p.a. Men earn more average wages at around $40k p.a. Clearly we need a menimism movement to strike at the core of these womyn and their sexist agenda.
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mission
Brisbane, Queensland
8324 posts
I'd say most of the dudes would be stoked to get paid anything at all.
As if boning endless birds on the intertoobs isn't payment enough!
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DM
Gold Coast, Queensland
4164 posts
Yeah i've seen 2 (at least I think it was 2) reddit AMAs with male porn actors and they said the pay isn't all that good which is why so many do gay for pay since they can earn just as much as women do that way. Still though if it comes down to pegging a guy in his hairy bum over having a 2nd job... it's not exactly the money or the box for me, i'd have another job.
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Captain Lateral
Brisbane, Queensland
4371 posts
moreso related to her getting caught, how can oneself hide their ip address when torrenting. is it possible to use a spoof on your torrents? Seed a whole bunch of linux distros and then don't seed at all, you get busted for "distribution" not downloading. when you seed you're distributing.
Alternatively use a private VPN that doesn't record your details.
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Pinky
Melbourne, Victoria
12553 posts
I'd say most of the dudes would be stoked to get paid anything at all.
As if boning endless birds on the intertoobs isn't payment enough!
Nah, if you've ever watched a 'behind the scenes' on porn, it's not like that at all on the feature length film shoots. It's sex for a minute or two, then stop for photos, then a couple more minutes, stop for photos, ad nauseum. It's a tough line of work for the bloke. In the doco I watched most of the chicks commented that it was harder work for the guys, despite the noticeable pay difference suggesting otherwise.
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infi
Brisbane, Queensland
18378 posts
Maybe stuffing eels down your vag is taking things a bit too far
Prude.
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ravn0s
Brisbane, Queensland
14485 posts
@blahnana, saw a doco on porn on SBS a while back and apparently women can earn up to $250k p.a. Men earn more average wages at around $40k p.a. Clearly we need a menimism movement to strike at the core of these womyn and their sexist agenda.
also guys that do gay porn get paid more than those that do hetero porn.
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Outlaw
Gold Coast, Queensland
1375 posts
Pinky
Melbourne, Victoria
12561 posts
also guys that do gay porn get paid more than those that do hetero porn.
Yeah, and quite a lot of them identify as straight
I used to work for http://sexykiwi.com/
As Lead Masturbator or...
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Reverend Evil
Wynnum, Queensland
19868 posts
If I was offered one million do fuck some guy in the ass I would. Obviously I know the gay actors don't get paid that much by a long shot. But if someone said, "hey, here's a million dollars to fuck that guy in the ass". I would easily do it.
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Pinky
Melbourne, Victoria
12562 posts
Are you serious!? One million!? I'd do it for a shitload less than that.
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Reverend Evil
Wynnum, Queensland
19869 posts
Well I was thinking QGL would baulk at the thought of fucking a guy. That's why I set the dollar value so high. I'd go half that easily.
Ok Pinky. What would be your absolute lowest?
8-)
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Mantis
Brisbane, Queensland
814 posts
I love when people start playing the game of "would you...". I always have fun with this answer:
"Would you fuck a guy for 1000 dollars?"
"Of course, who do i give the money to?"
Always catches them off guard. :)
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IVY_MiKe
Canberra, Australian Capital Territory
724 posts
err, could you two start your bidding war in PM's ville...
I'm not prudish/phobic, but publicly 'outing' yourselves like this is kinda akward...
How did the OP become a race between Rev and Pinky to see who'd take it in the doopa first?
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mission
Brisbane, Queensland
8329 posts
So is spelling awkward wrong.
I think you also need to determine how long the act needs to go for before it qualifies for the cash.
Like, is easing it in the pulling it out enough, or do you need to get balls deep and perform say a dozen or two thrusts, or get in there and keep going till the money shot?
last edited by mission at 18:15:32 08/Feb/12
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Reverend Evil
Wynnum, Queensland
19870 posts
Pinky left pretty quick though. I think it's one of those well how much would you do it for. You tell me first.
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Tollaz0r!
Brisbane, Queensland
12259 posts
Someone offered him $1000, he'll be back.
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Pinky
Melbourne, Victoria
12563 posts
Someone offered him $1000, he'll be back.
Haha.
Realistically I'd probably do it for $50k. A big part of that decision though is my personal income and the trade off that I have to live with the knowledge that I've fucked a dude (and don't want to). You'd have to pay me more than that to take it though - probably $100k.
That's to work until the job's done, just to be clear. I'd hate not to deliver value at that price.
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mission
Brisbane, Queensland
8331 posts
That's to work until the job's done, just to be clear. I'd hate not to deliver value at that price.
I commend your work ethic.
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TicMan
Melbourne, Victoria
7713 posts
I'll setup a PayPal account to take donations to reach $100k for Pinky and we'll do a follow up poll to see which lucky QGLer gets to be the catcher!
On another note, the first ever money I earned on the internet was through a porn site I setup. We had some affiliate ads running on it and it clocked up enough to get a cheque issued for US$50. I still have it sitting in my cupboard as a reminder that my deviousness can pay off.
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Pinky
Melbourne, Victoria
12568 posts
Sure you'll set up a PayPal account, TicMan. Just like Moses collected everyone's jewellery and then went up a mountain and spoke to God. We believe you.
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