VCDQuality Forums - 07-29-2003 Cease and Desist Letters

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Posted by X69 on 07-30-2003 01:13 PM:

07-29-2003 Cease and Desist Letters

If anyone is a lawyer or knows a lawyer who would be interested in giving me legal advice please contact me ASAP. [email protected] Thanks

Letter #1

quote:

Re: Copyright Infringement at http://www.vcdquality.com
Dear Sir or Madam:
This letter is being written to you on behalf of Paramount Pictures Corporation (hereinafter "Paramount"). Paramount is the owner of rights in and to the "Lara Croft Tomb Raider: Cradle of Life" motion picture ("Tomb Raider 2 Motion Picture").
Paramount has recently discovered that you are hosting a web site with the Uniform Resource Locator address http://www.vcdquality.com ("Infringing Web Site") that is unlawfully reproducing and displaying unauthorized copies of Tomb Raider 2 Motion Picture. For instance, as of the date of this letter, unauthorized copies are displayed at the following jump sites:
http://www.vcdquality.com/info.php?id=16662
http://www.vcdquality.com/image.php?id=16662
http://www.vcdquality.com/nfo.php?id=16662
http://www.vcdquality.com/info.php?id=16581
http://www.vcdquality.com/image.php?id=16581
http://www.vcdquality.com/nfo.php?id=16581
http://www.vcdquality.com/info.php?id=16571
http://www.vcdquality.com/nfo.php?id=16571
The above jump sites are not an exhaustive list and represent only a small sampling of where unauthorized copies of Paramount's motion pictures are displayed on the Infringing Web Site hosted by X69.net.
Paramount has not granted X69.net, the listed owner of the Infringing Web Site, any right, title or license in the Tomb Raider 2 Motion Picture. Accordingly, the reproduction and display of the Tomb Raider 2 Motion Picture is wrongful and actionable misconduct in violation of Paramount's exclusive copyrights, and therefore constitutes, among other things, willful copyright infringement pursuant to 17 U.S.C § 501.
We, the undersigned, certify under penalty of perjury that we are an agent authorized to act on behalf of the owner of certain intellectual property rights, said owner being named Paramount. We have a good faith belief that the materials identified are not authorized by the Paramount, its agent, or the law and therefore infringe Paramount's rights.
In light of the above, Paramount hereby demands that X69.net immediately take down and/or block access to the Infringing Web Site located at http://www.vcdquality.com and all related jump sites/links where the Tomb Raider 2 Motion Picture are being reproduced and displayed.
If you have any questions regarding this matter, please contact me at the e-mail, telephone number or address set forth above.
Thank you for your anticipated cooperation in stopping the outrageous copyright infringement being carried out on a web site hosted by X69.net.
Finally, nothing contained in this letter is intended as, or may be deemed or construed to constitute, a waiver or relinquishment of any of Paramount's rights and remedies under the circumstances, all of which are hereby expressly reserved.
Very truly yours,
/s/
Dennis L. Wilson
Keats McFarland & Wilson LLP
cc: Paramount Pictures Corporation

I, ___________________________, hereby acknowledge that I have ceased offering and/or distributing unauthorized copies of the Paramount Motion Picture Properties and any other goods which infringe Paramount's rights in any of its motion picture properties; and have complied with (1)-(3) above.
_____________________________
Signature
_____________________________
Print Name
_____________________________
Date

Letter #2

quote:

RE: YOUR INFRINGEMENT OF PARAMOUNT PICTURES CORPORATION RIGHTS

Dear Sir or Madam:

This letter is being written to you on behalf of Paramount Pictures Corporation (hereinafter "Paramount"). Paramount is the owner of rights in and to the motion picture "Lara Croft Tomb Raider: Cradle of Life" ("Tomb Raider 2 Motion Picture"), and other numerous motion pictures, hereinafter collectively referred to as the "Paramount Motion Picture Properties".

Paramount has recently learned that you are offering and/or distributing unauthorized copies of Paramount Motion Picture Properties through your web site located at "http://www.vcdquality.com." You are hereby put on notice that the reproduction, transmission and/or distribution by you of unauthorized copies of the Paramount Motion Picture Properties constitutes copyright infringement.

Paramount hereby demands that you and all those who have acted in concert with you immediately cease any unauthorized copying, transmission, distribution and/or other utilization of any of its protected intellectual property, including any use of the Paramount Motion Picture Properties.

In addition to the foregoing, we request that you:

(1) voluntarily relinquish your unauthorized copies of the Paramount Motion Picture Properties to the undersigned at the address listed at the top of this letter;

(2) provide all information pertaining to the source from which you obtained your unauthorized copies of the Paramount Motion Picture Properties, including the source's name, address, phone number, web site address and e-mail address; and

(3) provide all information pertaining to any unauthorized copying, transmission, distribution and/or other utilization of the Paramount Motion Picture Properties, including source's name, address, phone number and e-mail address.

Should you not immediately do so, Paramount expressly reserves all of its rights to file a lawsuit against you to obtain damages for all past acts of infringement and an injunction to prevent any future infringement.

Please sign this letter in the space provided below, and return it with the above-requested materials to the undersigned before the close of business on August 4, 2003. If we do not receive your written confirmation before that date, we will be forced to recommend that Paramount immediately take further legal action.

This letter is not a complete statement of Paramount's rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies, or defenses of Paramount in connection with this matter, all of which are expressly reserved.

Very truly yours,

/s/

Dennis L. Wilson
Keats McFarland & Wilson LLP

cc: Paramount Pictures Corporation

I, ___________________________, hereby acknowledge that I have ceased offering and/or distributing unauthorized copies of the Paramount Motion Picture Properties and any other goods which infringe Paramount's rights in any of its motion picture properties; and have complied with (1)-(3) above.

_____________________________
Signature

_____________________________
Print Name

_____________________________
Date

Posted by pHo on 07-30-2003 01:17 PM:

Q. Whats the difference between Paramount and an AOLer ?

A. Nothing, both are so retarded they think you can download movies here.

paramount need to learn to click the RULES AND REGULATIONS buttons. just in the same way i learnt not to watch Tomb Raider movies.

__________________
563-773-1880

<Dwaggy> i caught you a delicious Bass
<The404> This is because you are an idiot

Posted by mrlipring on 07-30-2003 01:49 PM:

Thick bastards, the lot of them. Just waiting to start getting private messages from fucking film studios asking where to get stuff...

Posted by dvdmatty on 07-30-2003 02:22 PM:

well they obviously looked into this webiste with great depth. well Done paramount ! i give u 0/0/0 !

go in all guns blazing as usual

Posted by Le0n on 07-30-2003 02:23 PM:

LMAO!
I fail to see any Motion Pictures here, someone wanna point em out to me? :P

Posted by mrlipring on 07-30-2003 04:19 PM:

no asking where to find stuff!

Posted by phloo on 07-30-2003 05:52 PM:

mmmh

I guess they still own the copyrights for the sample pictures.
And without their knowledge it's not legal to use them on the site afaik

greets.

Posted by PhAnToMs on 07-30-2003 06:09 PM:

quote:
Originally posted by pHo
Q. Whats the difference between Paramount and an AOLer ?

A. Nothing, both are so retarded they think you can download movies here.

paramount need to learn to click the RULES AND REGULATIONS buttons. just in the same way i learnt not to watch Tomb Raider movies.

lmao its so true

__________________
Jesus fucking christ my sig was huge so Dwaggy replaced it with this message

Posted by lax01 on 07-30-2003 06:11 PM:

ahahhahahahhahahahha

you guys are so silly

__________________

Posted by DethStar on 07-30-2003 06:27 PM:

Hrmmm... you know... it's moments like these that make me wonder why we have so many multi-million dollar companies in the world...

Posted by mrlipring on 07-30-2003 06:34 PM:

well, bear in mind that the big companies are stupid, but the general public are FUCKING STUPID.

Posted by shorty6pac on 07-30-2003 07:28 PM:

hey X dude your getting a cell that shit is to funny but im jealous i havent gotten a letter.....yea right next thing u know they will be in the channel asking who our suppliers are........just send the letter back and say sorry you are not allow to request files from this site if you ask again you will be banned ha ha ha ha

Posted by psychoace on 07-30-2003 11:11 PM:

in the first letter atleast they kinda make it seem like your just illegally providing reviews or pictures of the movie that arn't supposed to be reproduced. Then the second letter makes it seem like you are offering the files on vcdquality so i don't get it.

Posted by Supafly on 07-30-2003 11:14 PM:

I should go work for Paramount. They are so damn blatantly ignorant that I bet i could get them fools to pay me $500,000 a year without question. Damn looks like you dont even need to know how to click a mouse let alone have any education to work for Paramount.

Posted by CoWs` on 07-30-2003 11:15 PM:

Reply

X69 did you reply to paramount...if so you should show us the fun filled comments in your reply, i m sure its amusing..

Posted by Mystic Slippers on 07-31-2003 12:31 AM:

Paramount smell. Suck the shit from a dead fat chicks vagina you bunch of fucking nippleheads.

Proof that some people clearly are dumber than me (and i have an IQ of 71). EAT SHIT AND DIE.

:: edit - oh, and if paramount wanna start fighting anyone, please do us all a favour and give every member of UMS a hard time, not anyone else who actually holds more than one respect card in their hand.

Posted by case sensitive on 07-31-2003 02:30 AM:

If they're complaining about a screenshot they need to go count their money somewhere else.

Saw this post in Spy Kids comments and this guy had a revelation of the truth.

Anyway I think this quote fits this topic well.

Posted by bryehn on 07-31-2003 07:29 AM:

if they figured out where to get a movie from this this site, i wanna know too.

every time i click those links all i get are nth gen stills...what codec do i need for that?

__________________
Am I the only one missing the .rar file from the repack?

Posted by Aridhol on 07-31-2003 09:12 AM:

The first letter they MAY have a right to get those pictures off the site, BUT if this is the first request/warning you should just be able to remove and destroy the pics(on the hd's etc..) and everything will be fine.

They have NO RIGHTS over nfo's or opinions, those are not official paramount documents nor are they created by paramount employee's.

The second letter is just bullshit, there are no files hosted here, nor direct links.

YOU MUST respond to both letters, Explain the position i said above (with no swearing) and They have no legal recourse.

Posted by Uncle_Mart on 07-31-2003 09:26 AM:

It's seriously such a shame when a film company cant make a film good enough to make its money that it decides to take it out on websites for having a JPG of the movie in question , are they seriously suggesting that everyone on the internet is liable? If I goto some website that has "permission" to host a screenshot of the movie , then that screenshot will be stored in my cache , so how exactly am I a pirate for doing that?

Will they be going after google next?
http://images.google.com/images?q=t...SO-8859-1&hl=en
Seems to me thats almost the same thing right there.

Paramount , get this into your stupid heads , this site doesnt have any illegal files , this site is doing you a favor if anything by keeping track of piracy. Go try putting your money into making better movies and you'll find that you might make some more by people wanting to goto the theaters.

Posted by Bobby-Whiskey on 07-31-2003 01:31 PM:

LOL classic!

Posted by Tornado69 on 07-31-2003 08:01 PM:

you people aren't very bright, I'd like to see the color of your underwear if you received a letter like that from Paramount Pictures ... wouldn't want to be in your shoes right now X69 ...

Posted by jeffreyw on 07-31-2003 10:41 PM:

quote:
Originally posted by Tornado69
you people aren't very bright, I'd like to see the color of your underwear if you received a letter like that from Paramount Pictures ... wouldn't want to be in your shoes right now X69 ...

thing is that paramount can't really do anything because they never had and proboly never let you download movies from them or tell you where they are. this site is strictly information about movies on the net and the quality of them. every statement paramount makes about this site is fictorous.there stupid iddiots who proboly took 3 minites to brouse this site and came to the conclusion that they offered illigal downloads of there movies,which they don't. vcdquality is doing nothing illigal by offering this site to the plublic and would be violating free speech amendments by doing anything to any admin of this domain.

Posted by Tornado69 on 07-31-2003 10:45 PM:

There posting illegal screenshots of an illegally pirated movie, I'm not saying that it's totally illegal, it's kind of in a grey area, be interesting to see if it goes any farther and if it will be judged legal, or illegal.

Posted by horizonstar on 07-31-2003 11:11 PM:

X69, if you're willing, I'd like to call these people (professing to have seen a news story about their letter to you on TV or something) and set them in their place. I realize you probably don't want to post it here in this thread for fear that all the 13-year-olds will crank call the studio and get you in even more shit. I'd like to think that I could have a more intelligent phone conversation with them that wouldn't get you into any more trouble but might make them see the error of their ways.

If interested, just pm me.

__________________

Scrobble all you want, we'll make more!

Posted by shorty6pac on 08-01-2003 12:30 AM:

quote:
Originally posted by horizonstar
X69, if you're willing, I'd like to call these people (professing to have seen a news story about their letter to you on TV or something) and set them in their place. I realize you probably don't want to post it here in this thread for fear that all the 13-year-olds will crank call the studio and get you in even more shit. I'd like to think that I could have a more intelligent phone conversation with them that wouldn't get you into any more trouble but might make them see the error of their ways.

If interested, just pm me.

But if you want that crank call to the studio just pm me

Posted by JDabomb on 08-01-2003 01:41 AM:

Dont you have a legal disclaimer on the front page X69? Doesnt it state their not allowed to even enter or look at the site.

Posted by Biznaz on 08-01-2003 04:56 AM:

I think Paramount's weasels argument is going to be that the pictures in question are of copyrighted content. Now, while it is true that the content of the pictures is copyrighted by Paramount, is it illegal to take a picture of something copyrighted? I think this is something similar to taking screenshots in video games. If I take a screenshot of a pc game, which is copyrighted, and host it on my webspace for others to see, is that copyright infringement?

Posted by Forbidden on 08-01-2003 06:12 AM:

My thoughts

I am new to your forums, but I have been browsing your site for months and I find it to be a very useful resource.

I would hate see it go away over some gay legal shit.

So here is what I would do if I was you, I would immediately remove your image.php file from the website, and you can always upload it again later after you have consulted a layer.

But I would tempory remove the image.php script from the website, or change it to display something like "Under Reconstruction", so it will not display any images that are of coppywritted material.

Then I would consult a layer that knows a lot about Laws of Copyrights, and Free Use.

Good Luck,

Posted by startrader on 08-01-2003 06:25 AM:

what if you just didn't post the jpegs. i think the site is good enough with how everyone rates the ones that come out

Posted by CoWs` on 08-01-2003 09:17 AM:

i think everyone at vcdq should pitch in money and we should get a high priced laywer, let paramoutn thinkg there is "movies to download" let them take further action, then BAM! LAWSUIT right up there alley, then give X69 mon-ay so he can buy drugs etc...plus more pics of girls in clubs... kthx

Posted by nitrogen666 on 08-01-2003 11:04 AM:

quote:
Originally posted by Tornado69
There posting illegal screenshots of an illegally pirated movie, I'm not saying that it's totally illegal, it's kind of in a grey area, be interesting to see if it goes any farther and if it will be judged legal, or illegal.

Unfortunately, it is entirely illegal. This is due to the 'in whole or in part' clause of the copyright.

As it stands, Paramount are residing on pretty solid ground.

Posted by The CandyMan on 08-01-2003 02:46 PM:

I would contact a lawyer as soon as possible, but also I beleive that you will, from here on out, have to kill all sample jpgs of any releases. The first letter refers to that, and the second seems to ask you to turn over any illegal copies, including the ones that sample jpegs have been obtained from. It won't be as good without a sample jpg, but most of us know better than to judge quality based on the jpegs, so all voting will have to be on samples clips that the members obtain themselves, which you do not provide. I do believe that any picture taken from a copyright material, ie a sample pic from movie, and posted without permission from the copyright owner is a copyright infringement, but they cannot demand you relinquish any materials you have obtained, legally or not, as that would incriminate yourself, which goes against the 5th admendment.

Talk to a lawyer, see if I am correct or incorrect, and let us know. But for now, I would kill all sample jpegs, and see what happens.

__________________

Posted by eST0r on 08-01-2003 03:04 PM:

Do you guys have any knowledge of Law? Did you guys even read the Letters? This isn't the first time we have gotten a letter like this, and it won't be the last. Paramount isn't stupid, they know they have the Brass when it comes to these things; it's just a scare tactic. Screenshots of Pirated Movies is not illegal, if it were drudgereport.com wouldn't post our caps up everytime some group releases a big-name-flick. So, everyone who is screaming Lawyer, Grey-Zone, blah...blah....blah... You're wrong, 100%

__________________

"Where can I download TheChosenFew version of 8 mile? I dont use irc, its too complicated, i need simplicity" - XeroFightsAlone

Posted by krazyfoo on 08-01-2003 03:11 PM:

and if worst comes to worst... as far as removing jpegs... ud only have to remove the ones that are paramount related (still a hefty number of movies.. but still not all of them... and definently not crippling to the site)

__________________
NFO Jones stole my bike

Posted by pHo on 08-01-2003 03:40 PM:

just have the goat.se man with "Paramount Pictures Sucks Bum Weasels" in big letters on it in its place.

__________________
563-773-1880

<Dwaggy> i caught you a delicious Bass
<The404> This is because you are an idiot

Posted by Mystic Slippers on 08-01-2003 04:41 PM:

quote:
Originally posted by pHo
just have the goat.se man with "Paramount Pictures Sucks Bum Weasels" in big letters on it in its place.

...or a picture of a biscuit tope color Austin Princess with the caption "i drove one of these.......in 1976" under it.

Posted by Mystic Slippers on 08-01-2003 04:45 PM:

For example.

Posted by PhreakerX on 08-01-2003 11:52 PM:

Paramount is like a big dragon with no teeth or flame, they can only wander around and scare people, but in reality do nothing...

so...

FUCK THE MPAA

__________________
"I love the Power Glove. Its so bad."

Posted by Senic on 08-02-2003 07:59 AM:

I just seen this after someone said something about x69 getting letters from Paramount ahahahahahahaha. They actually think that this site is reproducing the movie and making it available for download haahhahahah.
I seriously don't think those letters are from Paramount. Its just some other dumbass bitch that doesn't know shit.

Posted by jeffreyw on 08-02-2003 08:52 AM:

yeah if it went to court though id like to see whod win(if we all dident know already)

Posted by Senic on 08-02-2003 10:29 AM:

quote:
Originally posted by jeffreyw
yeah if it went to court though id like to see whod win(if we all dident know already)

They got nothing. They don't even have proof. Were the fuck is the movie file? This site doesn't store any movies. If they go to court Paramount will just prove how fucking stupid they are. Including the MPAA. There are no files here. There wouldn't even be anything for the court to debate over. The issue is mute.

Posted by PhreakerX on 08-02-2003 03:12 PM:

Dennis L. Wilson
[email protected]

California Bar Admission: 1991

Specialization: Copyright, Trademark, Internet

Dennis Wilson has focused his entire career on the protection of intellectual property rights. Dennis' intellectual property practice includes the full-range of litigation, counseling, and transactions concerning copyright, trademark, and e-commerce issues.

Dennis also provides general intellectual property advise and counseling to his clients on a variety of e-commerce, licensing and merchandising matters, and has worked in the development of federal legislation and international administrative policies involving the development of the domain name system. Dennis is a frequent speaker on intellectual property, strategic branding and new media issues at local and national bar associations and international trademark associations, and conducts seminars for corporate clients across the U. S.

In 1997, together with Kristin R. Allen and Michelle L. Cohen, Dennis founded the San Diego law firm of Creative Mind Advocates LLP. Prior to founding CMA, Larry was a partner in the San Diego office of Baker & Hostetler LLP.

__________________
"I love the Power Glove. Its so bad."

Posted by TheSmurf on 08-02-2003 07:51 PM:

The legallity of having the still pictures from the movies is no contest... they are illegal. Paramount owns the copyright to the movie and all of its images. The still pics are taken from an illegal copy of the movie that has not been given expressed conesent from PAramount, thereby making the pics a copyright infringement as well.

Someone pointed out that games have sample pics all the time. This is true but those sample pics are released by the copyright owner for public use as a way to advertise their product. These two situations are not comparible.

I would suggest that you remove all jpegs, or at the very least the ones from Paramount Studios. Let the other studios come after you one by one if you wnat, but they will eventually come unfortunately. Once you have done that they will not have a case on you as movies nor samples are held here or distributed through this medium. Essentially this just becomes a forum to rate and discuss the media the studios produce... and cannot be held responsible if other people discuss the quality of illegal copies.

Best of luck in your case, and I hope someone here is an actual lawyer who can provide you some sound legal advice!

Posted by che on 08-02-2003 09:35 PM:

I Read this in Businessweek

TINSELTOWN'S AIM: TO CATCH A THIEF
by Ronald Grover in Los Angeles | 7.21.03

Jim Carrey was there. So were Jennifer Aniston and Morgan Freeman. Far less visible at the May 21 premiere of Bruce Almighty, amid the moguls, stars, and fans, were the latest members of Hollywood's A-list: Rent-a-cops who patrolled the upper balconies at the cavernous Universal Amphitheater, prowling for pirates with camcorders.

Hollywood is in full crackdown mode for crooks who pilfer films by recording them at premieres and press screenings. Metal detectors meet most folks at these shows, along with stern signs warning against copying. As part of its ban on all electronic equipment, Fox Entertainment Group earlier this year barred cell phones at one screening. And Hollywood is developing jamming devices that will disable camcorders and other electronic gizmos inside a theater. ``We take this very seriously. These are criminals we're talking about,'' says Fox Filmed Entertainment Chairman Jim Gianopulos.

More than 50 films were stolen this year before they were shown on screen, says the Motion Picture Assn. of America. Often, say MPAA enforcement officials, thieves get $10,000 apiece for the hottest films, which are then shuttled to crime syndicates in Taiwan, Thailand, and elsewhere in Asia, to be mass produced. Then the pirated DVDs are sold on the streets of Asian, European, and U.S. cities. The margins are huge. Counterfeiters can sell the DVDs, which cost 62 cents apiece, for as much as $15.

Studios, which lost an estimated $3 billion to counterfeiting last year, are also staging raids on DVD plants. The MPAA, working with a network of informants and local police, closed down 63 illegal factories in Asia this year, 12 in Malaysia alone. But prosecution is lax in many Asian countries because gangs threaten prosecutors and judges, says MPAA Asian enforcement chief Mike Ellis. Sentences can be light for those who are nabbed. Last year, a Singapore pirate caught with more than 2,000 pirated DVDs got 18 months.

Hollywood is making some headway in keeping films out of thieves' hands. In April, FBI agents nabbed a man camcording Paramount Pictures' sci-fi flick The Core at a media screening. In its most impressive collar yet, Universal and the FBI used a ``tag'' digitally embedded in The Hulk to trace a pirated version of the film to 25-year-old Kerry Gonzalez. The New Jersey man received the film from a friend at the studio's New York ad agency and put it on the Net weeks ahead of the movie's opening. Gonzalez, who pleaded guilty on June 25 to making an unauthorized digital copy, faces a possible maximum $250,000 fine and up to three years in prison. ``We are sending a message here,'' says Universal Studios President Rick Finkelstein.

On the Net, studios intend to be even more vigilant. Hollywood's trade group plans to ratchet up a campaign to send out cease-and-desist letters to online pirate services: Last year it mailed 163,000 warnings and sent off so-called spoof movies to trip up pirates. The studios have resisted suing their customers directly, as the recording industry is now doing, but execs hope the music crackdown will be a deterrent for all pirates. ``Litigation should scare people,'' says Sir Howard Stringer, CEO of Sony Corp. of America.

Hollywood has already begun to poke fun at its own plight. Earlier this year, a flood of DVDs, sent out to Academy Award voters, found their way onto the black market. Oscar host Steve Martin joked about it on this year's telecast, kidding that Meryl Streep had put her disks on eBay. The line got one of the biggest laughs of the night.

Posted by rawgwar on 08-03-2003 07:28 AM:

I see nothing wrong with posting nfo, comments etc.

The only thing you could do to please them is to take off there pictures for the movie's they listed.
Since that's the only copyright thing here, unless this site is in a 3rd world country.

Other then that they want you to sign a guilty plee :>
Bunch of fools & grubby bastards!
RIAA+MPAA should really get a life & stop sueing all the KaZZa kiddies parents!

Posted by horizonstar on 08-03-2003 09:24 AM:

quote:
Originally posted by che
In its most impressive collar yet, Universal and the FBI used a ``tag'' digitally embedded in The Hulk to trace a pirated version of the film to 25-year-old Kerry Gonzalez. The New Jersey man received the film from a friend at the studio's New York ad agency and put it on the Net weeks ahead of the movie's opening. Gonzalez, who pleaded guilty on June 25 to making an unauthorized digital copy, faces a possible maximum $250,000 fine and up to three years in prison. ``We are sending a message here,'' says Universal Studios President Rick Finkelstein.

rofl. the guy turned himself in.

well at least you have 162,999 other folks in your company, X.

__________________

Scrobble all you want, we'll make more!

Posted by jeffreyw on 08-03-2003 09:33 AM:

notice how the media makes it look like he got caught when he did it. another scare tactic.

Posted by pHo on 08-03-2003 12:13 PM:

quote:
Originally posted by Senic
They got nothing. They don't even have proof. Were the fuck is the movie file? This site doesn't store any movies. If they go to court Paramount will just prove how fucking stupid they are. Including the MPAA. There are no files here. There wouldn't even be anything for the court to debate over. The issue is mute.

but the fact if anyone took us to court would be expensive and bad enough in itself. paramount or whatever studio can afford court cases, we can't.

__________________
563-773-1880

<Dwaggy> i caught you a delicious Bass
<The404> This is because you are an idiot

Posted by chocco on 08-03-2003 03:26 PM:

quote:
Originally posted by TheSmurf
The legallity of having the still pictures from the movies is no contest... they are illegal. Paramount owns the copyright to the movie and all of its images. The still pics are taken from an illegal copy of the movie that has not been given expressed conesent from PAramount, thereby making the pics a copyright infringement as well.

Someone pointed out that games have sample pics all the time. This is true but those sample pics are released by the copyright owner for public use as a way to advertise their product. These two situations are not comparible.

I would suggest that you remove all jpegs, or at the very least the ones from Paramount Studios. Let the other studios come after you one by one if you wnat, but they will eventually come unfortunately. Once you have done that they will not have a case on you as movies nor samples are held here or distributed through this medium. Essentially this just becomes a forum to rate and discuss the media the studios produce... and cannot be held responsible if other people discuss the quality of illegal copies.

Best of luck in your case, and I hope someone here is an actual lawyer who can provide you some sound legal advice!

You pretty much summed up the argument there.. The only questionable material held on this site are the still images.. If you removed them entirely Paramount and that dipshit of a lawyer wouldn't have a leg to stand on legally.. Now the question is if your hosting is located in the US you might be able to get away with having someone host the images in another country that doesn't share the same laws in regards to copyright and hotlink the images.. but then again dipshit might argue that hosting the URL text to a copywritten image is illegal as well (I'm not sure of the legality of this because technically text URL != copywritten content) ... Basically either you deal w/ losing images entirely in due time or try and play the grey area...

Posted by chocco on 08-03-2003 03:30 PM:

quote:
Originally posted by pHo
but the fact if anyone took us to court would be expensive and bad enough in itself. paramount or whatever studio can afford court cases, we can't.

Isn't that the truth..

Posted by Sic0 on 08-04-2003 12:07 AM:

Pointing out the obvious.

quote:
I, ___________________________, hereby acknowledge that I have ceased offering and/or distributing unauthorized copies of the Paramount Motion Picture Properties and any other goods which infringe Paramount's rights in any of its motion picture properties; and have complied with (1)-(3) above. ....

Judging by this it seem to me that it's a lame ass attempt to get you to confess to something ilegal. The person may not even be authorized to represent PMP's and is looking for a dumbass to make a quick buck off of.

chocco: you have a point, but stills wheren't even mentioned in the letter.

FIGHT THE CBDTPA!

Posted by someth1ng on 08-04-2003 12:34 AM:

quote:
Originally posted by bryehn
if they figured out where to get a movie from this this site, i wanna know too.

every time i click those links all i get are nth gen stills...what codec do i need for that?

Please tell me you are joking....you really think there's a special codec out there that makes movies appear on this web site? Come on man....you totally gotta be kidding me.

In light of those letters, yes you are violating copyright laws by posting stills of pirated movies, so undoubtly they have a point there. Where they get the idea that movies are hosted and distributed here is quite confusing, however, they are probably just trying to scare the shit out of you with that one.

One other problem you may have is the fact that you have had advertisments on this web site to purchase mod chips, etc etc. Although you aren't the one selling those items, I believe the owner of iSONEWS got into some shit for advertising places to buy those kinds of items. The extent of his website was nfo's and msg boards, which this web site has itself. However, I do believe that he only got into shit for the advertisments that he hosted. Msg boards and nfo's can be veiwed as free speech, and certianly not incriminating.

I personally would never host a website like this due to the kind of shit you must get (like those letters), but I do give you props for doing so inlight of all the shit you catch. ATM, I would take down all jpegs and advertisments that lead to any website inwhich you can purchase modded systems or chips, amongst any other illegal shit you can buy on the web. I am quite sure there's nothing they can do about msg boards and nfos without serials/passwords and such.

And to all the others who just plain say fuck paramount, it's not that easy. You may not be effected if something happens, but x69 sure as shit will be. It is in his best interest to do whatever it takes to keep his ass out of shit. With that said, I wish you the best of luck x69. I hope you find a way to beat these money hungry lame fags who do nothing but bitch about piracy hurting their industry, while at the same time, setting box office records every week. It's astonishing really. Is it me, or has this shit picked up since Bush and the Republicans came into office? Big business and there republican friends can never seem to get enough money even when setting record sales. I hope no one is retarded enough to reelect those fuckers.

Again, Good luck x69. I hope you end up in a position to stick those letters far up their asses.

Posted by teen_wasteland on 08-04-2003 12:42 AM:

quote:
Originally posted by someth1ng
Please tell me you are joking....you really think there's a special codec out there that makes movies appear on this web site? Come on man....you totally gotta be kidding me.

Save it, he was being sarcastic.

I just have a question, for est0r... you said that these letters are nothing new... is it possible to know what the nature of the other letters were and how they were handled by x69? And I'd think these would be more serious if a lawyer's help is being requested, but you know more than I about this.

Posted by someth1ng on 08-04-2003 12:54 AM:

quote:
Originally posted by teen_wasteland
Save it, he was being sarcastic.

You think so?? No way I could be just busting his balls, is there?

Posted by CoWs` on 08-04-2003 03:46 AM:

quote:
Originally posted by TheSmurf
The legallity of having the still pictures from the movies is no contest... they are illegal. Paramount owns the copyright to the movie and all of its images. The still pics are taken from an illegal copy of the movie that has not been given expressed conesent from PAramount, thereby making the pics a copyright infringement as well.

Someone pointed out that games have sample pics all the time. This is true but those sample pics are released by the copyright owner for public use as a way to advertise their product. These two situations are not comparible.

etc etc....

So wat about games on the computer which are copyrighted, am i not allowed to take screenshots of that ?

and also abotu isonews, the guy was actualyl the one modding the xbox's there wasnt just linkst o other pages doing it, he was doing it himself....unlike vcdq wher ethere are just links to the sites that do it

Posted by Chronos Tachyon on 08-04-2003 04:10 AM:

If the legal system actually worked like it's supposed to, the samples would probably fall under Fair Use and be legal. I say "probably" because they're taken for the purpose of commentary on the technical aspects of an unauthorized copy, not for commentary on the content of the actual film. That's a little murky from my non-lawyerly perspective.

In practical terms, however, they have the teams of lawyers, cash on hand, and bribed members of at least one and likely all three branches of the federal government. In short, they are the proverbial 800-pound gorilla.

Posted by Biznaz on 08-04-2003 05:31 AM:

quote:
Originally posted by CoWs`
So wat about games on the computer which are copyrighted, am i not allowed to take screenshots of that ?

and also abotu isonews, the guy was actualyl the one modding the xbox's there wasnt just linkst o other pages doing it, he was doing it himself....unlike vcdq wher ethere are just links to the sites that do it

on isonews, in the firstlook forum, people put up screenshots of games, that the gamer took. these screenshots aren't endorsed by the game company or producer, and certainly are of copyrighted content. so how are these legal, and vcdq not?

Posted by Flashbastard on 08-04-2003 11:45 AM:

Parmount is gay.
Tomb Raider sux.
Case closed.

Tell Paramount to suck a juicy wet fart out of ur ass and then ull think about takin the pics down. I love the part about reporting all names, phone numbers, and addresses of all involved parties!!! What the fuck is wrong with these morons???

Have we all forgot about freedom of speech and freedom of the press??

Posted by Uranus on 08-04-2003 07:04 PM:

Well today is the 4th, so what happened man?

quote:
Please sign this letter in the space provided below, and return it with the above-requested materials to the undersigned before the close of business on August 4, 2003. If we do not receive your written confirmation before that date, we will be forced to recommend that Paramount immediately take further legal action.

Posted by LoMan2 on 08-05-2003 04:21 AM:

Protect yourself ! , It is easy for us to say screw 'em all since it is not our ass on the line. I cannot speak for all but I could care less about still shots. I agree ANY images of these movies for PUBLIC exhibition ARE illegal and these MPAA dickheads just may screw your life up. They may just be blowing off steam, but they may not. I believe if you simply remove the .jpg all your problems will go away because there is NO WAY anything else I have seen on this site could be illegal. I like this site and would hate to see something happen to it or its' founders.

Posted by Flashbastard on 08-07-2003 01:27 AM:

Can someone tell me how Paramount, or anyone affiliated with Paramount, is able to enter the site if the information provided in the Legal Disclaimer is true?? And if the information is true in the disclaimer, has Paramount broken any laws by entering the site and subsequently sending the letter?

Posted by teen_wasteland on 08-07-2003 04:33 AM:

Basically, the information provided in the legal disclaimer is simply not true. The Internet Privacy Act or whatever is a myth and can be explained on snopes.com if you want to find out more about it.

Posted by TheDiggler on 08-07-2003 08:01 AM:

Because they are still images it may be possible to make a "fair use" stand. However the only way to really find out is going to court, if Paramount decided to move on the site. Do you really want to spend a ton of money to find out?

A company I worked with spent $150,000+ fighting a shareware author in court. In the end they lost and had to pay him $20,000 in addition to the $150,000+ in attorney fees. I am not that bright but $150,000+ to prevent paying someone $20,000! That was one little author I could not even imagine the weight of Paramount/Viacom.

I would take Paramount serious. Hosting on another server outside the country may be an option (Paramount may still make a move) or don't post any Paramount stills and of course take down all stills.

The ACLU or some privacy organization may be able to at least give some advice.

Posted by xlsvcd on 08-08-2003 12:48 AM:

You might want to add in your rules that NO films are downloaded from this website. You might want to add something along the lines of 'We DO NOT host films and we do not link to where you can download them'

add something like that to save your ass.

Posted by teen_wasteland on 08-08-2003 04:36 AM:

You're kidding right?

"This is a release news site only. It is impossible to download anything except jpeg samples from this site. Please DO NOT e-mail me asking where/how to download/buy anything mentioned on this site. Thanks -X69"

Right on the main page.

And that still isn't for the purpose of "saving his ass", because message or no message doesn't change the fact that movies aren't on this site. It's more for preventing stupid emails or questions from n00bs.

Posted by bitstream on 08-09-2003 09:11 PM:

A legal suggestion....

Some friends of mine introduced me to prepaid legal services.

They are a large corporation and their business is comparable to insurance.

You pay a flat rate of about $26 a month. Whenever you need a lawyer you call them up and describe the situation, they will find a staff lawyer that specializes in your kind of case and he will represent you.

No other charges are applied. (Unless you have to go to court).

Review thier plans and prices and see if they can be of any service.

Prepaid Legal Services

Posted by spikeman on 08-11-2003 10:05 PM:

quote:
Originally posted by Aridhol
The first letter they MAY have a right to get those pictures off the site, BUT if this is the first request/warning you should just be able to remove and destroy the pics(on the hd's etc..) and everything will be fine.

They have NO RIGHTS over nfo's or opinions, those are not official paramount documents nor are they created by paramount employee's.

The second letter is just bullshit, there are no files hosted here, nor direct links.

YOU MUST respond to both letters, Explain the position i said above (with no swearing) and They have no legal recourse.

This guy has hit the mail on the head. Delete the Pics and the to be safe the name - rename all references to it as Tomb Waider 2 or something and do not mention any offical names. Send them a copy of the "No files on this site stuff" and that should be all you here. Tell them that you have complied with their request to remove any copyrightable material and ask them to inspect the site again, to make sure they are happy. They cannot have a go if you comply and offer to co-operate - but do this from a hotmail account or something to be on the safe side.

Posted by cofferscuffs on 08-12-2003 01:47 AM:

(00:43:25) —› topic: (cC\) changes topic to (NEWS: vcdquality.com domain seized by paramount due to us posting jpgs of Tomb Raider 2, so use WWW.VCDQ.COM from now.)

too late.

__________________
cC.

Posted by Biznaz on 08-12-2003 02:45 AM:

vcdquality.com works from here..

Posted by Matteh on 08-12-2003 02:45 AM:

bastards...

*adds Paramount to his "list" *

when will this take effect? as soon as dns is updated or what? :\

__________________
rawr?

Posted by cofferscuffs on 08-12-2003 05:11 AM:

x69 said he's got his lawyer to try and file an injunction, as the domain is supposed to be transferred at noon pst tomorrow afaik, and no it wont be an instant thing as its the internet. so the domain name will work for a little while after the transfer.

although i dont hold out much hope for it.

__________________
cC.

Posted by Chewsmoka on 08-12-2003 05:43 AM:

Who needs the .jpg's anyway?

Anyone who bases their comments of any release on a picture as we all know ( well those of us that know ) is a fucking moron.
Since the only purpose they really serve is for p2p using idiots to drool over. All I'm saying is, if you had to give into their wishes, I'd still visit as often as I do now, hell I wouldn't even care.

Good Luck.

P.S. - FUCK PARAMOUNT

__________________
Ignorance Is Bliss. An Example -

quote:
Originally posted by platinum_bomb
Dude, It wasn't there and still isn't... I was waiting to see what the pic looked like cuz the release was up, but there was no pic and i didn't find the sample, mo fo. Don't make me come and tie ur arms to ur chair and beat u silly with your own keyboard

lol

Will edit this after i get it.

Posted by horizonstar on 08-12-2003 07:48 AM:

Mad at the MPAA and feeling like you want to help out? Remember ... you too can donate to the site.

There are ~43,000 of us registered members right now. If only 1/4 of us donated $10 each (using the DONATE link on the main page), that would give X69 $100,000 to use to cover legal fees.

I just finished donating for the third time this year, and I'm a dirt poor student. Please consider doing your part too.

__________________

Scrobble all you want, we'll make more!

Posted by The CandyMan on 08-12-2003 03:22 PM:

Re: A legal suggestion....

quote:
Originally posted by bitstream
Some friends of mine introduced me to prepaid legal services.

They are a large corporation and their business is comparable to

Good suggestion, I've been using them for the last 9 years for my businesses, and they are worth the $14.95 a month I pay. They assign you a local law firm, and the law firm here where I live is actually quite good. They have reviewed numerous business contracts, and have even sent letters on my behalf to certain local municipalities that would not let us do business (fund raising) there. Now we do, lol, thanks to having a lawyer on my side!

I recommend everyone here in the U.S. (don't think they are international, but check) use prepaid legal services if you do not already have a lawyer on retainer.

__________________

Posted by Davy on 08-12-2003 08:42 PM:

Is it just me or has anyone else spotted that Paramount only wanted the Tomb Raider 2 jpg's took down, not any of their other releases. Its too late to do it now, but maybe that should have just been done

If everyone else is gonna donate to the cause to fight paramount, i'm up for it.

Posted by Simply Nate on 08-12-2003 09:43 PM:

I dont know if this is necessarily relevent, but if you go into google and search for Dennis L. Wilson, you'll find all kinds of websites who have received very simular letters from the same lawyer/lawfirm. How serious of a threat can it really be when so many others receive the same general letter, they cant all possibly have lawsuits pending...

The first hit states "This Fox lawyer, Dennis L. Wilson, is a disgrace to human kind"

Posted by 65dos on 08-12-2003 09:59 PM:

well I just donated, hope it helps you x69!

Posted by Senic on 08-13-2003 05:29 AM:

quote:
Originally posted by Nate_Dawg
I dont know if this is necessarily relevent, but if you go into good and search for Dennis L. Wilson, you'll find all kinds of websites who have received very simular letters from the same lawyer/lawfirm. How serious of a threat can it really be when so many others receive the same general letter, they cant all possibly have lawsuits pending...

The first hit states "This Fox lawyer, Dennis L. Wilson, is a disgrace to human kind"

he sux, he didn't even know wtf he was talking about in those letters.

Posted by pHo on 08-13-2003 09:38 AM:

quote:
Originally posted by horizonstar
There are ~43,000 of us registered members right now. If only 1/4 of us donated $10 each (using the DONATE link on the main page), that would give X69 $100,000 to use to cover legal fees.

if ALL of you bastards donated $10, that'd buy mr pho a pretty badass house. consider it kids.

__________________
563-773-1880

<Dwaggy> i caught you a delicious Bass
<The404> This is because you are an idiot

Posted by horizonstar on 08-13-2003 11:18 AM:

quote:
Originally posted by pHo
if ALL of you bastards donated $10, that'd buy mr pho a pretty badass house. consider it kids.

or your own personal ISP ... no more domain-seizing ...

__________________

Scrobble all you want, we'll make more!

Posted by Executor on 08-20-2003 02:16 AM:

Since piracy's practically legal in Russia, why not try hosting the site there?

Posted by Tyler on 08-29-2003 03:34 PM:

Sorry havent read all posts - dont have time at mo so if i repeat whats already been said I apologise

No files are hosted here yet they refer to files being hosted.

Any chance that a small film review could be added below each set of sample pictures along with a cinema release date?

I dont think renaming the movie will help as it is obvious what it is. Would not have thought that it is possible to prosecute for just hosting pictures but I am not too hot on American Law.

The review bit could make it hard for them to take further action - all you are doing is providing a free service for the public telling people about new films due/at the cinema or on DVD.

Posted by dvdmatty on 08-29-2003 04:37 PM:

After searching on google..as mentioned in an earlier post. u really get an idea of wot he's up 2..he's been working for FOX and columbia tristar

He seems to be going after every1 that is hosting anything that could infringe copyright laws, even if its because you are hosting pictures of merchandise, sounds, skins.

He does'nt have a clue wot this site is all about i think the letter that was sent is basically a copy of others sent out to other websites, not nessesarliy associated with films.

This seems to be unessesary bullying of fansites and info sites.

he will not win

dvdmatty

Posted by ratfoodSVCD on 09-10-2003 07:40 PM:

The pictures are NOT illegal.
It is fair use - do your homework guys...

Posted by corman on 09-10-2003 08:28 PM:

quote:
Originally posted by ratfoodSVCD
The pictures are NOT illegal.
It is fair use - do your homework guys...

thanks for the legal tip newb

Posted by dotmusik on 09-11-2003 11:25 AM:

Ah dont worry I've had emails from Microsoft, Adobe and Macromedia for my actions before

Nothing happened.

Posted by Rommel on 09-11-2003 11:27 AM:

http://www.plattonline.com/webcampaign/cma/index.html needs shut down...

Posted by cx on 09-11-2003 06:23 PM:

quote:
Originally posted by corman
thanks for the legal tip newb

he's correct tho so just cause he's new here doesn't mean he might not know what he's talking about.

__________________
"He had a plan. Maybe you just didn't see it 'til it hit you between the eyes. But, it started to make sense... in a Tyler sort of way. No fear. No distractions. The ability to let that which does not matter truly slide." -Fight Club

Posted by corman on 09-11-2003 07:28 PM:

still pictures from a pirated movie have never been proven in a court of law as fair use. im just saying it's not as definitive as he's makin it sound

Posted by cx on 09-11-2003 08:04 PM:

x69's lawyer found something in a law book about how the images can be used as fair use. and thats what road x69 was more than likely going to take.

Posted by labrat1 on 09-12-2003 12:24 AM:

quote:
Originally posted by cx
x69's lawyer found something in a law book about how the images can be used as fair use. and thats what road x69 was more than likely going to take.

I knew there would be something that would say that

cool

__________________

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