Would you cut an Affiliate...

[AlexManifestMan]

Okay after all the discussion, I wanted to see what you guys think. This affiliate is using our full length videos as well as those that belong to others (including posters here) http://www.muscleboy.tv/. They have been watermarked with his site name.

This is the second time he has done this.

Do we:

A. Ignore him
B. Ask him to please take it down but not be concerned if he does not.
C. If he refuses to stop allowing stolen content from our site as well as others being posted on his site, should we stop allowing him to make new sales but pay rebills forever or...
D. Cut him and cut all future rebills.

Tell me what you think is fair AND why.

[Squirt]

E. Ask him to please only post unaltered promotional content, and follow up.

If you are going to allow him to post altered content with your watermark you need to make sure he knows the boundaries of what you will, and wont, allow him to publish.

[basschick]

i wouldn't pay rebills to someone who was actively involved in stealing my content - if you've already told him once, he definitely knows that he's using your vids without your permission.

not only would i remove him entirely from the program, but i would contact a lawyer to deal with anyone who put their watermark on my videos. the videos that i shoot, edit and own are my intellectual property and no one can legally use them without my permission.

imo by not taking action on someone doing this, a producer is actually giving tacit approval to copyright violation, and that will eventually hurt more than just one producer.

if someone on a board doesn't like it, tough. i bet if it were their full length movies he watermarked and served, they'd feel differently.

[AlexManifestMan]

These are our full length videos that are being used.

[dzinerbear]

I'd cut him loose.

Michael

[abostonboy]

D - Without a doubt.

[gaybucks_chip]

Your full length videos re-watermarked with someone else's watermark? There's no question that's content theft.

We have upon occasion allowed an affiliate to watermark 1 minute preview clips *in addition* to our watermark, but we would never let someone watermark over our mark, or use full-length clips.

As Patti said, you should be proactive in protecting your copyrighted content, and in this case, the violation is egregious enough that I would cut the affiliate AND file a DMCA request with his ISP if the content is not immediately removed. If there is any funny business (the affiliate using your content to promote another site, for example), I would seriously consider legal action for copyright infringement.

Please keep us informed with what happens regarding this, and honestly, I'd like to see names named if the affiliate doesn't immediately comply with a takedown request.

[basschick]

he did name the site in the first post - http://www.muscleboy.tv/


Please keep us informed with what happens regarding this, and honestly, I'd like to see names named if the affiliate doesn't immediately comply with a takedown request.

[tigermom]

As an affiliate, I have to agree. If he's been warned - kick him off your program and feel free to stop paying. Make sure it's in your TOS first, and consult a lawyer. And while at it, I would have the lawyer sue him if it's feasable for copyright violation, or at the very least send him a very stern letter. Oh and a DMCA or something to get his site offline.

What he's doing is plain wrong. If he's been warned, then he knows it's wrong - why have any mercy on him?

[gaybucks_chip]

he did name the site in the first post - http://www.muscleboy.tv/

D'oh!

[camcruise]

Putting his brand in place of yours without your consent is theft.
I would do everything in my power to shut him down.

And by all means stop paying him!! He should be paying you for that content.

[Mickey]

i would just send it to our lawyer and have him deal with it...

No more soup for the affiliate and no more rebills either...

[Squirt]

This was his whois last year before he changed it to Domains By Proxy

Registrant:
melvin dia moukori
28 chemin des passiflores
gif sur yvette, 91190
France

Domain Name: MUSCLEBOY.TV
Created on: 18-Aug-05
Expires on: 18-Aug-07
Last Updated on:

Administrative Contact:
dia moukori, melvin persotrainer2000@yahoo.fr
28 chemin des passiflores
gif sur yvette, 91190
France
+33 677837930 Fax --

Technical Contact:
dia moukori, melvin persotrainer2000@yahoo.fr
28 chemin des passiflores
gif sur yvette, 91190
France
+33 677837930 Fax --

Domain servers in listed order:
NS1.FREEFILESTORE.COM
NS2.FREEFILESTORE.COM
NS3.FREEFILESTORE.COM
NS4.FREEFILESTORE.COM

He registered his domain with WILD WEST DOMAINS, INC.

When you Google his name ( Melvin Dia Moukori ) this site comes up (http://observers.france24.com/en/profile/20080205-melvin-dia-moukori) where he tells us he's a professor of economy and marketing at the "Chambre du commerce" of the Val d'oise.

He also tells us on this page that he created an online community around the African cup of nations (in french) : http://www.lacan2008.com. He also gives us a picture of him http://observers.france24.com/files/pictures/picture-1416.gif

When you do a whois on the domain he created all the information matches the domain for muscle.tv, so this is definitely your guy.

Registrant:
melvin dia moukori
28 chemin des passiflores
gif sur yvette, 91190
France

Domain Name: LACAN2008.COM
Created on: 13-Jan-08
Expires on: 13-Jan-09
Last Updated on: 13-Jan-08

Administrative Contact:
dia moukori, melvin
28 chemin des passiflores
gif sur yvette, 91190
France
33677837930 Fax --

Technical Contact:
dia moukori, melvin
28 chemin des passiflores
gif sur yvette, 91190
France
33677837930 Fax --

Domain servers in listed order:
NS07.DOMAINCONTROL.COM
NS08.DOMAINCONTROL.COM

[marcjacob]

Cut him off and dont pay rebills. Im not a producer, just an affiliate and I know the rules. If he asked and got permission then fine, but you have already warned him that this is inapropiate.

I think warn him (which youve done) then kill his account and keep the rebills.

[AlexManifestMan]

Thanks guys. He responded to my email and says it is not his responsibility to know who's video belongs to studio. It is really a shame. He was our second affiliate to sign up back in 2006 and had a nice blog then. But decided it was too much work so better to just put up a place to post videos.

[Squirt]

Thanks guys. He responded to my email and says it is not his responsibility to know who's video belongs to studio. It is really a shame. He was our second affiliate to sign up back in 2006 and had a nice blog then. But decided it was too much work so better to just put up a place to post videos.

I've always found it interesting when someone creates something, maintains it, markets it, and makes money from it, while claiming they aren't responsible for it's content.

[Squirt]

P.S. he also owns budmuscle.com , you might want to keep an eye on that one in the future

[dzinerbear]

Thanks guys. He responded to my email and says it is not his responsibility to know who's video belongs to studio.

Whose responsibility is it then? Geez. I hate this sense of entitlement on the Net: if it's published on the Net, it's yours for the taking and do whatever you want with it.

Michael

[AlexManifestMan]

P.S. he also owns budmuscle.com , you might want to keep an eye on that one in the future


We will keep an eye out for it. He had that url up on the Ning network and had a ton of stuff on there to but we were able to get Ning to pull it down.

[Squirt]

We will keep an eye out for it. He had that url up on the Ning network and had a ton of stuff on there to but we were able to get Ning to pull it down.

Amazing. And to think he's a professor of economics and marketing at a University. He must teach his students to have absolutely no morals in business what so ever.

[AlexManifestMan]

Pretty wild isn't it.