Is this copyright infringement? - GoFuckYourself.com

tonyparra · 11-15-2011, 08:53 PM

If i name a category after a paysite. For example if a sponsor has a site called somethingporn.com and i want to promote somethingporn.com and name the category where their content goes as somethingporn.com, and then i somehow manage to outrank them for the term 'somethingporn.com', 'somethingporn', or 'something porn' could they say its infringement? Seems like the infringement is never an issue till you making money they want all to themselves.

porno jew · 11-15-2011, 08:56 PM

doubtful but i heard about that happening in mainstream.

TheDoc · 11-15-2011, 08:56 PM

In general I would think it's okay. Check the terms though, normally if they have an issue with this type of stuff they will have something about it within the terms. Then if so, I would avoid it with that sponsor or get permission first.

Jakez · 11-15-2011, 08:59 PM

It's totally infringement. You're supposed to promote them like "check out this site here I can't say the name but it's awesome just click".

tonyparra · 11-15-2011, 09:03 PM

Quote:

Originally Posted by Jakez

It's totally infringement. You're supposed to promote them like "check out this site here I can't say the name but it's awesome just click".

needed.

Bored · 11-15-2011, 09:06 PM

the internet is copyright infringement

CYF · 11-15-2011, 09:10 PM

that would be a trademark, not a copyright. You are generally allowed to use a trademark to refer to a product.

Coup · 11-15-2011, 09:12 PM

Just say users uploaded the domain. you'll be fine

Jarmusch · 11-15-2011, 09:23 PM

The chances of you outranking the sponsor site for the term 'somethingporn.com' are non-existent.

But I think you should just use 'somethingporn' or 'something porn'.

tonyparra · 11-15-2011, 09:27 PM

Quote:

Originally Posted by Jarmusch

The chances of you outranking the sponsor site for the term 'somethingporn.com' are non-existent.

But I think you should just use 'somethingporn' or 'something porn'.

you would be surprised...

JohnRingo · 11-15-2011, 09:35 PM

i would just redirect the link to a torrent site where you can download all their shit for free

Jarmusch · 11-15-2011, 09:37 PM

Quote:

Originally Posted by tonyparra

you would be surprised...

Can you post an example of an affiliate outranking the sponsor for the term 'somethingporn.com' ?

cooldude7 · 11-15-2011, 09:38 PM

Quote:

Originally Posted by tonyparra

you would be surprised...

i know., i had the same question regarding the "big sausage pizza" i wanted to buy domain, setup site and send traffic to them, si i contacted them and they told me they dont accept webmasters from india., period.,

i could have easily outranked them for that term, but when this happens, some sponosrs pull the plug....so be careful.,

not to build your empire on a trees branch.

sorry for my excellent english ;P

JohnRingo · 11-15-2011, 09:43 PM

i just bought somethingporn.net...

tonyparra · 11-15-2011, 09:54 PM

Quote:

Originally Posted by JohnRingo

i would just redirect the link to a torrent site where you can download all their shit for free

Quote:

Originally Posted by JohnRingo

i just bought somethingporn.net...

Barry-xlovecam · 11-15-2011, 09:59 PM

USPTO http://tess2.uspto.gov/bin/gate.exe?...004:e5v661.1.1 RE: Trademark filings (USA Only -- the Berne Conventions would apply)

But really; your affiliate agreement would be the controlling instrument providing that the provisions are legal

(Not legal advice -- offered as information only)

raymor · 11-15-2011, 10:06 PM

Ask them if they are ok with the way you are using it. It's their trademark. If you are using it to promote them, it normally wouldn't be trademark infringement, because they would permit such use. It doesn't matter, though, because they can terminate your affiliate account just because they feel like it. Once they terminate your account, you would no longer use their trademark to promote them because you wouldn't be promoting them at all.

raymor · 11-15-2011, 10:10 PM

Quote:

Originally Posted by tonyparra

Seems like the infringement is never an issue till you making money they want all to themselves.

Yes, that's why it's called TRADEmark infringement, it's defined as using their mark in TRADE (business) in a way that infringes on their rights to their brand.

beks001 · 11-15-2011, 10:53 PM

It's a sponsor by sponsor case. Many sponsors are not allowing this any more but they did for a long time. Some are still being cool and allowing you to promote like this. Others just couldn't find a better way than to get pissed and take it away from you. Lol

tonyparra · 11-16-2011, 07:07 AM

Quote:

Originally Posted by raymor

Ask them if they are ok with the way you are using it. It's their trademark. If you are using it to promote them, it normally wouldn't be trademark infringement, because they would permit such use. It doesn't matter, though, because they can terminate your affiliate account just because they feel like it. Once they terminate your account, you would no longer use their trademark to promote them because you wouldn't be promoting them at all.

I fear if i ask i will getdenied because they wont understand what m trying to do...

tonyparra · 11-16-2011, 07:44 AM

Quote:

Originally Posted by CYF

that would be a trademark, not a copyright. You are generally allowed to use a trademark to refer to a product.

Generally, but in porn who knows....

porno jew · 11-16-2011, 07:46 AM

Quote:

Originally Posted by tonyparra

I fear if i ask i will getdenied because they wont understand what m trying to do...

who cares man just do it.

11-15-2011, 08:53 PM	#1
tonyparra Confirmed User Industry Role: Join Date: Jul 2008 Location: In your back seat with duck tape Posts: 4,568	Is this copyright infringement? If i name a category after a paysite. For example if a sponsor has a site called somethingporn.com and i want to promote somethingporn.com and name the category where their content goes as somethingporn.com, and then i somehow manage to outrank them for the term 'somethingporn.com', 'somethingporn', or 'something porn' could they say its infringement? Seems like the infringement is never an issue till you making money they want all to themselves. __________________ High Performance Vps $10 Linode Manage your Digital Ocean, Linode, or Favorite Cloud Server. Simple, fast, and secure Server Pilot

11-15-2011, 08:56 PM	#3
TheDoc Too lazy to set a custom title Industry Role: Join Date: Jul 2001 Location: Currently Incognito Posts: 13,827	In general I would think it's okay. Check the terms though, normally if they have an issue with this type of stuff they will have something about it within the terms. Then if so, I would avoid it with that sponsor or get permission first. __________________ ~TheDoc - ICQ7765825 It's all disambiguation

11-15-2011, 08:59 PM	#4
Jakez Confirmed User Industry Role: Join Date: Jan 2004 Location: oddfuturewolfgangkillthemall!!!!!!! Posts: 5,656	It's totally infringement. You're supposed to promote them like "check out this site here I can't say the name but it's awesome just click". __________________ [email protected] - jakezdumb - 573689400 Killuminati

11-15-2011, 09:06 PM	#6
Bored Confirmed User Join Date: Feb 2002 Location: Canada Posts: 1,011	the internet is copyright infringement __________________ If Satan Wore a Hairpeice, there would be HELL TOUPEE!! HTML Porn pbbc fo li

11-15-2011, 09:10 PM	#7
CYF Coupon Guru Industry Role: Join Date: Mar 2009 Location: Minneapolis Posts: 10,973	that would be a trademark, not a copyright. You are generally allowed to use a trademark to refer to a product. __________________ Webmaster Coupons Coupons and discounts for hosting, domains, SSL Certs, and more! AmeriNOC Coupons \| Certified Hosting Coupons \| Hosting Coupons \| Domain Name Coupons

11-15-2011, 08:56 PM	#2
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	doubtful but i heard about that happening in mainstream.

11-15-2011, 09:12 PM	#8
Coup 🚨 PBBC International 🚨 Industry Role: Join Date: Apr 2010 Location: /👁\ Posts: 9,931	Just say users uploaded the domain. you'll be fine

11-15-2011, 09:23 PM	#9
Jarmusch Industry Role: Join Date: May 2003 Posts: 12,464	The chances of you outranking the sponsor site for the term 'somethingporn.com' are non-existent. But I think you should just use 'somethingporn' or 'something porn'.

11-15-2011, 09:35 PM	#11
JohnRingo So Fucking Banned Industry Role: Join Date: Oct 2010 Posts: 673	i would just redirect the link to a torrent site where you can download all their shit for free

11-15-2011, 09:43 PM	#14
JohnRingo So Fucking Banned Industry Role: Join Date: Oct 2010 Posts: 673	i just bought somethingporn.net...

11-15-2011, 09:59 PM	#16
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	USPTO http://tess2.uspto.gov/bin/gate.exe?...004:e5v661.1.1 RE: Trademark filings (USA Only -- the Berne Conventions would apply) But really; your affiliate agreement would be the controlling instrument providing that the provisions are legal (Not legal advice -- offered as information only)

11-15-2011, 10:06 PM	#17
raymor Confirmed User Join Date: Oct 2002 Posts: 3,745	Ask them if they are ok with the way you are using it. It's their trademark. If you are using it to promote them, it normally wouldn't be trademark infringement, because they would permit such use. It doesn't matter, though, because they can terminate your affiliate account just because they feel like it. Once they terminate your account, you would no longer use their trademark to promote them because you wouldn't be promoting them at all. __________________ For historical display only. This information is not current: support@bettercgi.com ICQ 7208627 Strongbox - The next generation in site security Throttlebox - The next generation in bandwidth control Clonebox - Backup and disaster recovery on steroids

11-15-2011, 10:53 PM	#19
beks001 Confirmed User Join Date: Oct 2006 Posts: 1,837	It's a sponsor by sponsor case. Many sponsors are not allowing this any more but they did for a long time. Some are still being cool and allowing you to promote like this. Others just couldn't find a better way than to get pissed and take it away from you. Lol __________________ [B]341 people reviewed this!?!?! Blogging Thread! Teen Cams Gay Webcam Best Free File Storage