DMCA Questions

John4467 · Dec 1, 2019

I just had a few questions regarding the legality my adult (porn) website. All of the content on the site was taken from Reddit and a few other places. I understand this isn't exactly DMCA compliant, but I had a few questions.

1) Nothing is illegal until I refuse to take down something that a DMCA letter ordered me to take down correct? Unless that happens, everything is legal right?

2) Can I take debit card payments on a website like this? Or am I stupid for thinking that?

3) If i'm willing to remove any videos people want me to remove, should I worry about hosting on a DMCA non compliant server? All my content is scraped, but I don't think I will have to remove ALL of it.

4) Will my website get removed from Google if people file a DMCA complaint, and added back once I comply?

5) If somebody sees content that is theirs and they don't want on my website, do they just immediately file a DMCA claim? Or will they be more likely to just report it to me through my website?

6) Do individuals file DMCA claims, or is it usually businesses?

7) How big can I get before this really becomes an issue?

Thanks guys.

nasa2009 · Dec 1, 2019

- first of all the country you live is very important , if you live in the US you have to do everything by the book and be DMCA compliment , yes you can host off shore but you are going to earn money through advertisement .

- to be DMCA compliant , users have to upload content and you have to register with copyright office

- based on what i read, its a good idea to just remove the video and re-upload it>

- i believe google would remove the URL of the video , not all the links

- careful with accepting payments especially if you are not willing to pay taxes, you dont to be like this guy

https://torrentfreak.com/movie-pira...-in-jail-forfeits-millions-of-dollars-191126/

John4467 · Dec 1, 2019

nasa2009 said:
- first of all the country you live is very important , if you live in the US you have to do everything by the book and be DMCA compliment , yes you can host off shore but you are going to earn money through advertisement .

- to be DMCA compliant , users have to upload content and you have to register with copyright office

- based on what i read, its a good idea to just remove the video and re-upload it>

- i believe google would remove the URL of the video , not all the links

- careful with accepting payments especially if you are not willing to pay taxes, you dont to be like this guy

https://torrentfreak.com/movie-pirate-pleads-guilty-faces-five-years-in-jail-forfeits-millions-of-dollars-191126/

Thanks for the reply. Yes I live in the US.

Why do users need to upload content for me to be DMCA compliant? Am I not DMCA compliant if I remove everything that gets requested to get removed?
Why wouldn't I host this in the US I guess is what I am asking. I've read a lot of the other porn sites are just scraped content, and they usually don't host offshore, unless i'm mistaken. I am completely willing to remove any content people want to be removed. Thanks again, i'm just trying to understand how all this works.

nasa2009 · Dec 2, 2019

John4467 said:
Thanks for the reply. Yes I live in the US.

Why do users need to upload content for me to be DMCA compliant? Am I not DMCA compliant if I remove everything that gets requested to get removed?
Why wouldn't I host this in the US I guess is what I am asking. I've read a lot of the other porn sites are just scraped content, and they usually don't host offshore, unless i'm mistaken. I am completely willing to remove any content people want to be removed. Thanks again, i'm just trying to understand how all this works.

that's the purpose of DMCA is to protect website owners /operators from lawsuits if a user uploads something that's copyrighted ,but if you upload the video yourself , monitor the uploads, and not register the website with copyright office , legally you are not DMCA compliant .

this article explain this better https://buchwaldlaw.com/2017/08/dmc...explained-website-needs-dmcacopyright-policy/

the copyright office website , you can look up websites that are registered , look for pornhib and xvideos an others they are on the site
https://dmca.copyright.gov/osp/

the reason you shouldn't host in the US even if you were DMCA compliant is that certain copyright holder can just skip you and file a complain with the hosting company , the hosting company might just forward the complaint to you but some will just shut you down without warning >

i am in the US too i am planning this carefully , even though ill be targeting 3rd tire countries.

Psh · Dec 2, 2019

I

nasa2009 said:
- careful with accepting payments especially if you are not willing to pay taxes, you dont to be like this guy

https://torrentfreak.com/movie-pirate-pleads-guilty-faces-five-years-in-jail-forfeits-millions-of-dollars-191126/

"In October 2013, Homeland Security Investigations (HSI) agents received information from PayPal concerning two ‘pirate’ websites, Noobroom.com and Noobroom7.com."

I didn't know I could dislike PayPal more than I already did.

EDIT: And another one; "PayPal noticed unusual activity on an account linked to the suspect and reported the case to the IRS."

"It’s reported that the money was deposited into various bank accounts from wire transfers, Stripe, and PayPal. It was the latter who identified “suspicious activity” on an account linked to McIvor and subsequently reported the matter to the Internal Revenue Service (IRS) in the United States."

nasa2009 · Dec 2, 2019

Stackz said:
I

"In October 2013, Homeland Security Investigations (HSI) agents received information from PayPal concerning two ‘pirate’ websites, Noobroom.com and Noobroom7.com."

I didn't know I could dislike PayPal more than I already did.

EDIT: And another one; "PayPal noticed unusual activity on an account linked to the suspect and reported the case to the IRS."

"It’s reported that the money was deposited into various bank accounts from wire transfers, Stripe, and PayPal. It was the latter who identified “suspicious activity” on an account linked to McIvor and subsequently reported the matter to the Internal Revenue Service (IRS) in the United States."

the guy is an idiot , he should have at least paid his taxes, the IRS doesnt really care about copyright

John4467 · Dec 2, 2019

nasa2009 said:
that's the purpose of DMCA is to protect website owners /operators from lawsuits if a user uploads something that's copyrighted ,but if you upload the video yourself , monitor the uploads, and not register the website with copyright office , legally you are not DMCA compliant .

this article explain this better https://buchwaldlaw.com/2017/08/dmca-copyright-safe-harbor-explained-website-needs-dmcacopyright-policy/

the copyright office website , you can look up websites that are registered , look for pornhib and xvideos an others they are on the site
https://dmca.copyright.gov/osp/

the reason you shouldn't host in the US even if you were DMCA compliant is that certain copyright holder can just skip you and file a complain with the hosting company , the hosting company might just forward the complaint to you but some will just shut you down without warning >

i am in the US too i am planning this carefully , even though ill be targeting 3rd tire countries.

Ah I see now, thanks for the clarification. So how crazy would it be to fake a user base that uploads the content? I mean then it's basically just Reddit right?

AdultScriptPro · Dec 3, 2019

Sometimes the DMCA is sent directly to the hosting company and on repeated abuse they will remove your server (if your server is in the us, they might ask you to register with the copyright office). You always have to remove the video in question, you can re-upload it later

Usually businesses submit DMCA and people send you please please requests to remove their content

) I've seen sites with 1 million visitors / day with scrapped content...

John4467 · Dec 3, 2019

AdultScriptPro said:
Sometimes the DMCA is sent directly to the hosting company and on repeated abuse they will remove your server (if your server is in the us, they might ask you to register with the copyright office). You always have to remove the video in question, you can re-upload it later Usually businesses submit DMCA and people send you please please requests to remove their content ) I've seen sites with 1 million visitors / day with scrapped content...

Wow, that's great to hear. Thanks so much. So it sounds like offshore is the way to go, and i'll remove the videos and reupload them if I come into any problems!

AdultScriptPro · Dec 3, 2019

Yes, offshore is the way to go...the servers are expensive...however you can for example use offshore for main site and non-offshore for the server where you host the videos...in most cases the DMCA will be sent to the main site...

John4467 · Dec 3, 2019

AdultScriptPro said:
Yes, offshore is the way to go...the servers are expensive...however you can for example use offshore for main site and non-offshore for the server where you host the videos...in most cases the DMCA will be sent to the main site...

Gotcha. If you don't mind me asking, do you have any paid sites? From what i'm seeing, 1M uniques a day won't make as much money as I would have thought.

AdultScriptPro · Dec 3, 2019

I dont have any paid sites. 1M uniques / day makes you enough money, but you it depends on what enough money is for you! It however depends on the traffic, for example asia/russia traffic does not pay as good na/europe traffic. Also it depends on the traffic source, if 80% of your traffic is from search engines, then this is like 100% quality traffic. Social traffic is also good. Paid traffic, if you are lucky and know what you are doing. With 35k uniques / day (good traffic from se and referal from good sites), you can make 2000 usd / month. This from PPC, popups, vast, push and messenger ads. Also it depends on your website, for example if you have a niche website (where you can push cams or some affiliate and you get good conversion) with 1 million uniques / day, you can retire in 1 year.

AdultScriptPro · Dec 3, 2019

Dont ask me how to get 1 million uniques / day though

)

John4467 · Dec 3, 2019

AdultScriptPro said:
I dont have any paid sites. 1M uniques / day makes you enough money, but you it depends on what enough money is for you! It however depends on the traffic, for example asia/russia traffic does not pay as good na/europe traffic. Also it depends on the traffic source, if 80% of your traffic is from search engines, then this is like 100% quality traffic. Social traffic is also good. Paid traffic, if you are lucky and know what you are doing. With 35k uniques / day (good traffic from se and referal from good sites), you can make 2000 usd / month. This from PPC, popups, vast, push and messenger ads. Also it depends on your website, for example if you have a niche website (where you can push cams or some affiliate and you get good conversion) with 1 million uniques / day, you can retire in 1 year.

Holy shit I stand corrected, nevermind. Don't worry, I don't care that much. I'm just looking to make about a thousand a month, so don't worry about me. Thanks so much man........

Nut-Nights · Dec 3, 2019

Why so much discussion? It's simple, you cant use any adult material on your site without copyrights. You need an offshore host. Plus forget about taking money for the content, btc is other thing.

John4467 · Dec 3, 2019

Nut-Nights said:
Why so much discussion? It's simple, you cant use any adult material on your site without copyrights. You need an offshore host. Plus forget about taking money for the content, btc is other thing.

Thanks for the simple answer. You mean it would be fine to use BTC for payments?

Nut-Nights · Dec 4, 2019

John4467 said:
Thanks for the simple answer. You mean it would be fine to use BTC for payments?

They can still track you, you need to careful. But you can do it.

18young · Dec 4, 2019

Nut-Nights said:
Why so much discussion? It's simple, you cant use any adult material on your site without copyrights. You need an offshore host. Plus forget about taking money for the content, btc is other thing.

If you are embedding videos from main sites like xvideos or pornhub,it should be okay.Because you dont host anything on your server.After creating DMCA page letting it know you will be fine.Most hosting service that based on usa like to talk with u if they got dmca complains.So we can work together to find a solution for that.but few of them suspend your account as soon as getting a complain.They do not fucking care about customers.However using offshore company is better for porn.
1.abelohost
2.contabo

Those are my favorite.
If you are looking non usa.
1.HawkHost
2.M3Server are good to go.

sickminds · Dec 4, 2019

I get thousands a day and have yet to take one down

qleonelleo · Dec 4, 2019

Any copyright u will get DMCA, no hosting can ignore DMCA even if its offshore, u will have to remove content. Forget any payments idea, if u want u can go with BTC.

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