justatransgirl
03-07-2008, 04:01 AM
I found the following article in todays Gay and Lesbian Times to be interesting, thought you all might also.
TS Jamie
http://gaylesbiantimes.com/?id=11684
The end of commercial porn on the Internet?
by Robert DeKoven
Published Thursday, 06-Mar-2008 in issue 1054
Not that any of you peruse the Internet looking for free porn … But if you do, you may have noticed that a number of popular adult sites, like XuTube, no longer have as much free porn available for viewing or downloading. Here’s why.
Due to illegal porn sharing on the Internet, sales of adult DVDs have plummeted, along with subscriptions to pay-per-view adult sites, the adult porn industry reports. Certainly, another factor is that amateur porn is widely available on the Internet and is often available for nothing.
As a result of declining profits, a number of adult fare producers are suing Web sites, such as YouPorn and XuTube, which allow users to upload and download porn (made by commercial producers).
Adult fare producers claim that sites that allow users to download and share copyrighted material are violating federal copyright law. (Federal courts have held that even pornographic material is subject to copyright protection.)
The porn producers are even going after sites that offer “snippets” of films.
Some argue that the “snippet” is not copyright infringement because it’s not like an entire film has been copied.
That’s usually true because copyright law allows a “fair use” of copyrighted materials.
For example, a judge must look at the amount of material used in proportion to the overall work. The greater the amount used, the stronger the copyright owner’s argument. But if the usage is minor, such as a 30-second clip from a 60-minute movie, some courts may find it trivial and non-actionable.
Adult producers contend that it’s not quantity of the work used, but quality that counts. Even a brief clip in an adult movie might be the film’s climax or “money shot.”
The purpose of the use is critical, too. If material is used for news purposes or for criticism, rather than for commercial use, this works in favor of the user.
The court must also look at whether the use “depletes” the market for the original work.
Given all the considerations the court has to take into account, adult fare producers have an uphill battle to prove copyright infringement.
Adult producers are not only suing Web sites. Just like the recording industry, which targets those who download copyrighted songs the adult industry is suing users, too.
Specifically, they’re targeting users who download and share their pornography.
They plan to seek subpoenas to discover these users, and such cases should be relatively easy for them to win. Because, unlike college kids who download music, Internet porn users, who may not want their wives or girlfriends to know of their practice, may be easily coerced into stopping it and paying penalties.
It all adds up to a bleak outlook for adult fare producers. And that’s why, for those of you who enjoy commercially produced online porn, it may not be available much longer.
//
TS Jamie
http://gaylesbiantimes.com/?id=11684
The end of commercial porn on the Internet?
by Robert DeKoven
Published Thursday, 06-Mar-2008 in issue 1054
Not that any of you peruse the Internet looking for free porn … But if you do, you may have noticed that a number of popular adult sites, like XuTube, no longer have as much free porn available for viewing or downloading. Here’s why.
Due to illegal porn sharing on the Internet, sales of adult DVDs have plummeted, along with subscriptions to pay-per-view adult sites, the adult porn industry reports. Certainly, another factor is that amateur porn is widely available on the Internet and is often available for nothing.
As a result of declining profits, a number of adult fare producers are suing Web sites, such as YouPorn and XuTube, which allow users to upload and download porn (made by commercial producers).
Adult fare producers claim that sites that allow users to download and share copyrighted material are violating federal copyright law. (Federal courts have held that even pornographic material is subject to copyright protection.)
The porn producers are even going after sites that offer “snippets” of films.
Some argue that the “snippet” is not copyright infringement because it’s not like an entire film has been copied.
That’s usually true because copyright law allows a “fair use” of copyrighted materials.
For example, a judge must look at the amount of material used in proportion to the overall work. The greater the amount used, the stronger the copyright owner’s argument. But if the usage is minor, such as a 30-second clip from a 60-minute movie, some courts may find it trivial and non-actionable.
Adult producers contend that it’s not quantity of the work used, but quality that counts. Even a brief clip in an adult movie might be the film’s climax or “money shot.”
The purpose of the use is critical, too. If material is used for news purposes or for criticism, rather than for commercial use, this works in favor of the user.
The court must also look at whether the use “depletes” the market for the original work.
Given all the considerations the court has to take into account, adult fare producers have an uphill battle to prove copyright infringement.
Adult producers are not only suing Web sites. Just like the recording industry, which targets those who download copyrighted songs the adult industry is suing users, too.
Specifically, they’re targeting users who download and share their pornography.
They plan to seek subpoenas to discover these users, and such cases should be relatively easy for them to win. Because, unlike college kids who download music, Internet porn users, who may not want their wives or girlfriends to know of their practice, may be easily coerced into stopping it and paying penalties.
It all adds up to a bleak outlook for adult fare producers. And that’s why, for those of you who enjoy commercially produced online porn, it may not be available much longer.
//