- Guest071613-2
- 08-20-2010, 04:02 PM
I agree! Maybe we should write their web host and offer a freebie for the information
- MaxiMilyen
- 08-20-2010, 04:23 PM
Nah...there are those out there who know who owns this site and I'm sure with the right incentive ($$ or a Dannie freebie), would be willing to divulge that info...LOL
- Sarcastro
- 08-20-2010, 05:41 PM
The copyright or property angle probably isn't a winner, and here's why: After you post it you no longer own it--it's the property of the website owner or, at a minimum, he has a royalty-free license to use it for any purpose whatsoever. In some cases (e.g., Photobucket) you grant this license to the entire world. So the proper party (if any) to bring a lawsuit for this cause of action would be the website that was ripped off, not you.
But sky wire is absolutely correct. Texas certainly does have a misappropriation of name or likeness cause of action. "Under Texas law, '[o]ne who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.'" Brown v. Ames, 201 F.3d 654 (5th Cir. 2000), citing the Restatement (Second) of Torts. To prove your case you only need show that your personal identity has been appropriated by the defendant for some advantage, usually of a commercial nature, to the defendant. Id. You need not prove damages to the dollar, as general damages are presumed and the jury's award, if even remotely reasonable, won't be disturbed on appeal.
It'd be a hell of a fun case to litigate--you could charge an admission fee to the depositions.
But sky wire is absolutely correct. Texas certainly does have a misappropriation of name or likeness cause of action. "Under Texas law, '[o]ne who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.'" Brown v. Ames, 201 F.3d 654 (5th Cir. 2000), citing the Restatement (Second) of Torts. To prove your case you only need show that your personal identity has been appropriated by the defendant for some advantage, usually of a commercial nature, to the defendant. Id. You need not prove damages to the dollar, as general damages are presumed and the jury's award, if even remotely reasonable, won't be disturbed on appeal.
It'd be a hell of a fun case to litigate--you could charge an admission fee to the depositions.
- sky_wire
- 08-20-2010, 07:45 PM
I concur! Is it possible to post a reward leading to the identity of the owner(s) of the site? LOL Originally Posted by M A X
In this day and age, most internet folks pay the extra $9.00/year to keep their domain ownership private. It will take a subpoena to get the actual owner’s information. However, that’s not always true.
It’s shocking what a quick WHOIS lookup sometimes yields. Home address, employer, facebook pages, kids elementary school, everything….. Sometimes I’m tempted to contact the person and warn them. “Do you know that pictures of your family and your home address are just a few clicks away from your porn site?” Then again, it’s none of my business.
- ShysterJon
- 08-20-2010, 09:52 PM
Using tort law you could at least get an injuction preventing usage of the image, even if it isn't copyrighted. Originally Posted by sky_wireMaybe you could convince a judge to issue a TRO (temporary restraining order) for two weeks. Then you'd have a trial on a temporary injunction. So what would you do to prove up irreparable injury? Use smoke and mirrors?
- roxescorts
- 08-21-2010, 05:56 PM
Initially I didn't want to comment but I'll still do.
Yes, technically it is illegal what we do but in reality it is very hard to do anything against it. I'm not saying it is impossible but that it is very hard and complicated.
The main reason is that it doesn't even fall under US jurisdiction. We are located in Germany and the server is located in Germany too. You can easily verify that by tracerouting the server.
That means you would need to get a court order from a court in Germany, not from a court in the US. The site basically HAPPENS to be accessible in the US but that part doesn't matter.
Oftentimes, providers would first contact Godaddy but they would simply refer to the hosting company, which is 1und1, the German version of 1and1. As soon as 1and1 is contacted, they would tell you that you need a court order.
Another thing that makes it really difficult is that once all that happens (court order, etc.), we would disable the content for a little while and then put it back up. Another court order would then be required to remove it again, etc. etc. I think everybody sees what I'm getting at.
Please let me know if you have any further questions. Our guy from TEX can be contacted at support@TEXescorts.com. He knows a little more about all of this.
Yes, technically it is illegal what we do but in reality it is very hard to do anything against it. I'm not saying it is impossible but that it is very hard and complicated.
The main reason is that it doesn't even fall under US jurisdiction. We are located in Germany and the server is located in Germany too. You can easily verify that by tracerouting the server.
That means you would need to get a court order from a court in Germany, not from a court in the US. The site basically HAPPENS to be accessible in the US but that part doesn't matter.
Oftentimes, providers would first contact Godaddy but they would simply refer to the hosting company, which is 1und1, the German version of 1and1. As soon as 1and1 is contacted, they would tell you that you need a court order.
Another thing that makes it really difficult is that once all that happens (court order, etc.), we would disable the content for a little while and then put it back up. Another court order would then be required to remove it again, etc. etc. I think everybody sees what I'm getting at.
Please let me know if you have any further questions. Our guy from TEX can be contacted at support@TEXescorts.com. He knows a little more about all of this.
- guest072811
- 08-21-2010, 06:13 PM
I have ONE big question...
Why would you do this to these ladies and without their consent?
Why would you do this to these ladies and without their consent?
- roxescorts
- 08-21-2010, 06:33 PM
That is a good question.
First, I personally don't think there is anything wrong with what we do. We only use information that is available anyways. None of the information that we list can't be found by googling for few minutes. We are simply saving everybody time and energy to do that research on their own.
You could compare us to any other search engine that lists and ranks websites. Do any of the websites complain about Google 'stealing' their website info?
As a matter of fact, the whole site benefits the providers and only very few providers have a problem with it. We are not charging anybody anything, so whoever says that we are making money off of it is simply wrong.
I hope that explains it.
First, I personally don't think there is anything wrong with what we do. We only use information that is available anyways. None of the information that we list can't be found by googling for few minutes. We are simply saving everybody time and energy to do that research on their own.
You could compare us to any other search engine that lists and ranks websites. Do any of the websites complain about Google 'stealing' their website info?
As a matter of fact, the whole site benefits the providers and only very few providers have a problem with it. We are not charging anybody anything, so whoever says that we are making money off of it is simply wrong.
I hope that explains it.
- lasinvegas
- 08-21-2010, 06:42 PM
If you are "benefitting" the providers, then why can't the providers have their information removed at their request?
- roxescorts
- 08-21-2010, 06:54 PM
Because that would harm the site and the interests of the hobbyists.
- RebeccaRothko
- 08-21-2010, 07:52 PM
- just-jenna
- 08-21-2010, 08:21 PM
''IF'' this is the same site I'm thinking it is.
They copied ALL my pics and info from another site..When i started this biz i put a retainer on a lawyer (just encase)..Thank god i did for shit just like this..
My Attorney is in the process of contacting Site host/owner..
I WILL NOT tolerate this nor will i just sit there and let it happen with no recourse..
Thanks for posting this for the other ladies, Kudos to you
Jenna
They copied ALL my pics and info from another site..When i started this biz i put a retainer on a lawyer (just encase)..Thank god i did for shit just like this..
My Attorney is in the process of contacting Site host/owner..
I WILL NOT tolerate this nor will i just sit there and let it happen with no recourse..
Thanks for posting this for the other ladies, Kudos to you
Jenna
- just-jenna
- 08-21-2010, 08:26 PM
Final thought~~~~
If i WANTED to be on YOUR site i would join myself!!! I can tell you this, ladies from Indys will NOT take this, if we have to we will file class action..
If i WANTED to be on YOUR site i would join myself!!! I can tell you this, ladies from Indys will NOT take this, if we have to we will file class action..
- Guest071613-2
- 08-21-2010, 08:40 PM
Because that would harm the site and the interests of the hobbyists. Originally Posted by roxescorts
That is absurd.
The information you have posted about me is inaccurate. The phone numbers I have not used in over five years. Some of the pictures are 13 years old, they were stolen from my TER profile, which I have not used in years. I think inaccurate information is misleading and harmful....
I doubt anyone really uses your site enough for it to suffer if you removed the providers who do not want to be there. If there are so few of us then it really shouldn't matter, should it?
- MaxiMilyen
- 08-21-2010, 09:06 PM
Thanks for sending me a note directly from "your guy in Tex". You are not only a thief, but a lame liar as well. Please do not send anymore direct communications to me as they are insincere and I, along with very many others in the hobby community, have nothing but contempt for you. I subscribe to the threads I post on, don't need you to inform me what you're up to and I don't associate myself with self proclaimed thieves.
You might have had more participation and less trouble on/with your site if the ladies actually had more control of their own images, profiles and information and if you had informed us about what you were doing. You've disregarded that there are those of us who wish to advertise in certain ways and yours ain't one of 'em. Your information is dated and much of it incorrect.
You're self admitted thieving behavior is abhorring. From our perspective, you can't make it on your own, so you steal from others. Might as well come see us and steal from us directly, but no, you're much too cowardly for direct contact and admitting to someone face to face you're a thief. You state you're a thief in one post (under an assumed name)and then in another post, you state you think there is nothing wrong with it. Don't ever tell anyone that you're an upstanding guy, because you most certainly are not. I wonder what else you do that you think there is nothing wrong with.
Tendencies of a sociopath aka psycopath
The main characteristic of a sociopath is a disregard for the rights of others. Sociopaths are also unable to conform to what society defines as a normal personality. Antisocial tendencies are a big part of the sociopath’s personality. This pattern usually comes into evidence around the age of 15. If it is not treated, it can develop into adulthood. (http://www.wisegeek.com/what-is-a-sociopath.htm)
Profile of the Sociopath
You might have had more participation and less trouble on/with your site if the ladies actually had more control of their own images, profiles and information and if you had informed us about what you were doing. You've disregarded that there are those of us who wish to advertise in certain ways and yours ain't one of 'em. Your information is dated and much of it incorrect.
You're self admitted thieving behavior is abhorring. From our perspective, you can't make it on your own, so you steal from others. Might as well come see us and steal from us directly, but no, you're much too cowardly for direct contact and admitting to someone face to face you're a thief. You state you're a thief in one post (under an assumed name)and then in another post, you state you think there is nothing wrong with it. Don't ever tell anyone that you're an upstanding guy, because you most certainly are not. I wonder what else you do that you think there is nothing wrong with.
Tendencies of a sociopath aka psycopath
The main characteristic of a sociopath is a disregard for the rights of others. Sociopaths are also unable to conform to what society defines as a normal personality. Antisocial tendencies are a big part of the sociopath’s personality. This pattern usually comes into evidence around the age of 15. If it is not treated, it can develop into adulthood. (http://www.wisegeek.com/what-is-a-sociopath.htm)
Profile of the Sociopath
- Glibness and Superficial Charm
- Manipulative and Conning
They never recognize the rights of others and see their self-serving behaviors as permissible. They appear to be charming, yet are covertly hostile and domineering, seeing their victim as merely an instrument to be used. They may dominate and humiliate their victims. - Grandiose Sense of Self
Feels entitled to certain things as "their right." - Pathological Lying
Has no problem lying coolly and easily and it is almost impossible for them to be truthful on a consistent basis. Can create, and get caught up in, a complex belief about their own powers and abilities. Extremely convincing and even able to pass lie detector tests. - Lack of Remorse, Shame or Guilt
A deep seated rage, which is split off and repressed, is at their core. Does not see others around them as people, but only as targets and opportunities. Instead of friends, they have victims and accomplices who end up as victims. The end always justifies the means and they let nothing stand in their way. - Callousness/Lack of Empathy
Unable to empathize with the pain of their victims, having only contempt for others' feelings of distress and readily taking advantage of them. - Believe they are all-powerful, all-knowing, entitled to every wish, no sense of personal boundaries, no concern for their impact on others.
- Irresponsibility/Unreliability
Not concerned about wrecking others' lives and dreams. Oblivious or indifferent to the devastation they cause. Does not accept blame themselves, but blames others, even for acts they obviously committed. - (http://www.mcafee.cc/Bin/sb.html)