Topbucks and tube sites (legal threats)

[_LB_]

Several wanktube site submitters have been slapped with online C&D's from Topbucks. One can only assume that other tube sites are to follow so I sugggest you all get your topbucks stuff off all all the tube sites asap. they obviously don't want your traffic.

If only we were so confident to be able spit on non conventional traffic sources.


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Email :


It has come to my attention that you have made an unauthorized use of copyrighted work owned by Vista Distribution, AVV. We have reserved all rights in the Work/Content. As you neither asked for nor received permission use or obtained a license to the content, you have willfully infringed Vista Distribution’s rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

IT IS HEREBY DEMANDED, cease from the use and distribution of all infringing content, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of Vista Distribution’s rights in the future.

If I have not received an affirmative response from you within 48 hours of this e-mail transmission indicating that you have fully complied with this demand, Vista Distribution, AVV will have no alternative but to enforce its rights action against wanktube.com and pursue all other available remedies, without further notice. This letter is written without prejudice to or waiver of any of Vista Distribution’s rights or remedies, all of which are expressly reserved.

Included is a list of our content.

If you have any questions, feel free to contact me.

[pam]

My question would be ... does the content link to an affiliate account or is it just a video? Is it watermarked?

[_LB_]

Yes pam all topbucks content is watermarked.

Also the link that wanktube allows is usually to an affiliate account (almost always via a php redirect to the topbucks account with an affiliate code).

[huggybear]

their surly missing a trick there... with the boom in tube sites their gonna miss out on a lot of traffic...
Ive been using a sponsor on tube sites and directing the traffic to my own pages that promote them.. and their fine with it... they just said its ok as long as the clips still have their watermark...

oh by the way LB ive been trying and trying to upload to wanktube but keep getting page can not be displayed error when uploading... any idea's
ive been able to upload else where without issue.. sorry to ask on the board but I cant find a support address on wanktube...
thanks

[pam]

Then, I'm very surprised.

According to their terms, they don't prohibit it and actually allow it

"2.2 A limited nonexclusive, nontransferable, and revocable license to access and download promotional banners, and other promotional materials created and owned by TBAS for use on Affiliate Web sites for the exclusive purpose of advertising, marketing or promoting TopBucks.com, its web sites, or any other TBAS Web sites. Affiliate may post as many of these banners and other materials on its site(s) as desired."

[_LB_]

Originally Posted by pam

Then, I'm very surprised.

According to their terms, they don't prohibit it and actually allow it

"2.2 A limited nonexclusive, nontransferable, and revocable license to access and download promotional banners, and other promotional materials created and owned by TBAS for use on Affiliate Web sites for the exclusive purpose of advertising, marketing or promoting TopBucks.com, its web sites, or any other TBAS Web sites. Affiliate may post as many of these banners and other materials on its site(s) as desired."

Up to them

They obviously don't want our traffic and thats their right..... even if it does seem kinda stupid Funny thing is I am one of their top webmasters and they hit me up the other day and asked me what they could do to convince me to send more sales lol

[_LB_]

Originally Posted by huggybear

their surly missing a trick there... with the boom in tube sites their gonna miss out on a lot of traffic...
Ive been using a sponsor on tube sites and directing the traffic to my own pages that promote them.. and their fine with it... they just said its ok as long as the clips still have their watermark...

oh by the way LB ive been trying and trying to upload to wanktube but keep getting page can not be displayed error when uploading... any idea's
ive been able to upload else where without issue.. sorry to ask on the board but I cant find a support address on wanktube...
thanks

Let me look into it mate .... if you could send any details to advertising@wanktube.com I would appreciate it

Sending the file you are having problems uploading (unless its a topbucks one !!!!!!! ) would help

[huggybear]

Originally Posted by _LB_

Let me look into it mate .... if you could send any details to advertising@wanktube.com I would appreciate it

Sending the file you are having problems uploading (unless its a topbucks one !!!!!!! ) would help

no probs ill get on it now
thanks

[thomasbyers]

One thing is a lot of sponsors are not keeping up with the times. A lot of them are stuck in the same TGP Gallery mode and they are going to get passed by and left on the roadside. I for one will not be on the roadside.

I have seen a couple of other sponsors say they did not want to be used on Tube Sites. If the material posted ( video or videos ) is the sample videos being give out by the sponsor and the video links to the affiliate ID I can see no problem. I think a lot of sponsors are simply uneducated or possibly don't want to change. Well you better change because new sponsors come along all the time that will change and they will end up loosing out in the end. If your a sponsor and you don't want your 30 sec to 1 min videos on Tube sites you need to offer embeddable videos your self.

[fresh]

Yeah why they have a problem. Its either their video samples on galleries or on tube sites. What damage can be here..... Its just same free watermarked sample for their benefit

[_LB_]

They have every right to ask not to be posted on tube sites.

though their terms and also the fact that the let many of us post on tube sites after we sought permission ...... well what do you say ?

[nekrom]

My question is.

Are Topbucks doing this as video clip submitters to wanktube/other tube sites, are re-watermarking their promo (already marked clips) with their own urls.

or

Are Topbucks doing this as they don't want their promo video clips, w/ url direct to them & sending them traffic below video clip, as a traffic source?

-N

[DutchTeenCash]

Tubetraffic is good and it does convert.

Weve got a few aff with rebranded vids on tubesites. Its against our TOS but for now were allowing it IF they put the aff url underneath or redirect and send signups. Rebranding to some surferboard is obviously something else.

Im pretty sure TB doesnt want rebranded, maybe - if theyre here - they can reply.

[fresh]

Originally Posted by nekrom

My question is.

Are Topbucks doing this as video clip submitters to wanktube/other tube sites, are re-watermarking their promo (already marked clips) with their own urls.

or

Are Topbucks doing this as they don't want their promo video clips, w/ url direct to them & sending them traffic below video clip, as a traffic source?

-N

It must be the second one. First one -there would not be big surprise if sponsor did not want their watermarks replaced

[DutchTeenCash]

Originally Posted by fresh

It must be the second one. First one - of course no sponsor would want their watermarks removed and replaced

well that depends

like I said its forbidden in our TOS but if youre doing www.blalbla.net when our paysite is www.blabla.com they were basically ok IF its redirecting with aff code.

the tubetraffic is fairly new, we dont wanna say nope forget it to something thats potentially interesting.

[fresh]

Yeah I saw that you allow, just what I meant was that it would not be a surprise if sponsor did not allow that

[DutchTeenCash]

Originally Posted by fresh

Yeah I saw that you allow, just what I meant was that it would not be a surprise if sponsor did not allow that

as long as its a situation where both aff and sponsor benefits sure, Ill be the last to say no can do in a situation like that

[fresh]

But what if those videos with not your url on them spread all over the internet ? Without benefit to you

[_LB_]

Well the thing is topbucks has taken the time to hire a lawyer and send people these notices so they obviously don't want any of their content on tube sites.

I have taken all my topbucks content off the tube sites and I suggest everyone else takes all their topbucks content off too.

If they don't want that traffic then they are entitled to make those demands. Nothing we can do.

[Tobbe]

The big question is if topbucks wants their content and name to grow bigger or not... This is one step for them to grow.. (My opinion tho..)