XHamster Refusing DMCA Compliance
 

I am fucking pissed.

XHamster de-activated my Creator Account for Claudia Marie a couple of months back saying that I needed to hand them all of my 2257 documents. I refused that and said "fine".
I took down all of our content.

Then immediately people started uploading our stuff.

I sent them DMCA every week about it and they removed the content. I let them know that I found it very strange that other people could upload my content but I can't without giving them my 2257 docs!

But, all was "good" until Saturday June 26th.

I again found dozens and dozens of our videos from our members area.

So I went to their form at https://xhamster.com/info/dmca like I had already done several times before.
But this time instead of taking my content down I got this email:
"Cherry xHamster
Staff - 26.06.2021 14:21
Hi,
Thanks for your email.
Do all of these videos belong to you ?
Please provide ID for them

Kind regards,
Cherry
xHamster Team"

I was in shock. They are asking me for the 2257 documents to take my content down???? WHAT THE FUCK!!!

So I tried again today (Sunday June 27th)
Went to the form and meticulously copied the links to all my content that is now unauthorized on Xhamster.

Here is the reply this evening:
Lazl xHamster
Staff - 28.06.2021 09:05

Hello, thanks for your message.

Prior to uploading videos to the website, people that have uploaded them are clicking on the "box" that they have rights to upload those videos.

In case if they were illegally uploaded to our website and you claim that they are yours, please provide us with documents on those videos.

Best regards,
Lazl
xHamster Team"

"Lazl" is the same guy there who told me that I had to give them my 2257 documents in order to keep our Creator Account in the first place!
Now he's questioning me if I own the content I shot and that is clearly watermarked "ClaudiaMarie.Com"

That is NOT how DMCA is supposed to work.

I think I need a good attorney.

Just playing devils advocate here but are you mailing from the ClaudiaMarie.Com domain as well?

Cause how can they be sure you are the owner without any docs or some sort of proof? I could set up an email adres at [email protected] and claim ownership to take down your content.

Trust me, I understand your frustration.

Doesn't them verifying you before taking down DMCA suggest that they are able to do due diligence on content before publishing as well? Doesn't this kinda bite them in the ass legally?

What is such a fuss with giving 2257 docs ? Usually programs give docs to affiliates if there is valid reason to do such thing, and this is'nt some random unknown affiliate.

I was using the form supplied online. And yes, I used a Claudia Marie email for them to write back to me and corresponded with them from there as well.

Exactly.

I would never give an affiliate our 2257 documents under any circumstance.
And definitely would not give it to some tube site.

We are the legal "Custodian Of Records" for our productions. Those are sensitive documents containing the personal information of our models (real names, addresses, phone numbers, photo ID) and are not to be shown to anyone but the Federal Authorities.

The only people who would be eligible to receive those documents would be in the scenario of a Content Producer selling content to a Buyer.

I wasn't selling anyone any of our content.

I skyped to Sparky at XHamster last night and emailed him today.

Simultaneously I got this email:
"Foxy xHamster
Staff - 28.06.2021 10:47

Hello,

Thank you for your email and the explanation provided.

We removed the content reported. For any future inquiries and to avoid such situations, we kindly ask you to be in line with the DMCA form and fill it in properly, as stipulated here https://xhamster.com/info/dmca

Kind Regards,
Foxy
xHamster Team"

I literally have no idea what he is talking about when he said "properly fill in the form"

I've done it many times over the past few months.
And if you look at the actual form you will see it's kind of hard to NOT fill it in "properly"
https://xhamster.com/info/contact?subject=dmca

Anyway, for today my stuff is off their site.
Tomorrow? I hope I don't have to do all of this again. It's been very stressful.

I'm not trying to be an asshole but you might want to consider sticking a giant scrolling marquee
watermark on your videos with your site address and a warning that it's not to be uploaded to
any other site.

Because truthfully, you're never going to win this game. They're just going to keep finding ways
to benefit themselves at everyone's expense.

UPDATE:
Sparky at XHamster spent some time with me this morning on Skype and got everything straightened out.

He was very professional and carefully explained what they were doing from their side and corrected everything for me.

:thumbsup :thumbsup . . .

Cherry, Foxy, Sparky, Lazl - that right there should tell you to run.

Where the fuck do they come up with these names.

I'm very sorry about your troubles. I've only ever had to DMCA people over blogs and I just send the notice to them as well as their hosting company. It's the hosting companies job to remove the content as long as I prove I had mine up first...if they don't then I'd go after them as well.

For photos, I don't know, but it does seem quite fishy that people can upload stolen content of yours but you can't upload the legal content.

Then they ask you for the 2257 when they know the stolen content is on their site..maybe they want the 2257 to cover their own asses and seem like they are licensed to have it. With those names...they can be up to anything.

sparky is good people :thumbsup

Sparky is very professional and always extremely helpful.
Glad it worked out. :thumbsup

Sounds like they want to own your content. Super duper monthly members area.

Hell no bro

contact Alex at Xham
 

Someone should help this thread and forum out and send a message before we start bashing them at least try to get ahold of Alex, isn't this a MindGeek property?

Right, he's going to give his fucking wife's personal details and home address to random pirates on the internet.


Programs giving 2257 documents to affiliates should never happen.

Glad to hear you guys worked it out. Sparky sends traffic :thumbsup

That’s fucked up Robbie
Glad it got sorted

Why would any program do this?

I'm glad too! Cheers guys! :2 cents: :thumbsup

Agree, and I don't want them sent to me either.
I just want to point to the legitimate holder of records.


:2 cents:

Klen is usually always wrong.

Been a full time affiliate for 17 years and never once have I needed to even consider asking a program for 2257 docs. Counsel has also never advised this, or even hinting at it maybe being a possibility at some point in the future.

haha yeah that was a head scratcher. I've been at this for 23 years and never either requested them, or had an affiliate request them.

Correct on All of the above 👍🏻

That would be interesting... ask Alex why he's requiring content holder 2257 doc's on his own server?

The only reason would be to claim he owns the content and it's legal which opens pandora's box to "user uploaded" concept.

Sounds like a lose/lose situation for all involved. Prove me wrong :2 cents:

Well now that that's settled and everything worked out good, what happened to your dick bro?

why you interested in robbie's dick klang? Is your fake cam girls vg's not enough?

Why are you so interested with someone's private part? Post your answer here :helpme

This thread was about a Major dmca issue.

If you never had such request, it means you run clean content - there is plenty of sponsors which runs questionable content, and in such cases law enforcement is accusing affiliate to have illegal content as it's affiliate site first site where they encounter questionable content, I know for several cases where affiliates requested docs in order to prove to law enforcement how content which they have on their sites is legal. Law enforcement does not care are you owner of content or not, they only care is it legal or not. So in shortly, this does not happen often , but it happen.

That's all that should have to be done.

Because that "someone" uses his dick publicly to make money and, after having seen it recently,, the natural question is: wtf Robbie??

https://djinni.co/r/83074-ceo-at-incorporate-now-inc/

Just wanted to make sure bro was ok since his other issues seem happily solved here.

He can ignore me or tell me to fuck off himself though. Not sure why you're playing penis defender 🤣

✊

One hell of a thread that was. Some people could seriously die taking advice from some of those posts