YesPornPlease has recently gone down after being slapped with a hefty lawsuit on copyright infringement. As the MG Premium lawsuit in a Washington court states: “The conduct that gives rise to this lawsuit is egregious and willful. Defendants own and operate websites engaged in the business of copying and distributing infringing audiovisual works. Under the guise of acting as a distributor of “user-generated content,” Defendants, in fact, are directly and knowingly involved in the trafficking of tens of thousands of pirated works – including thousands of works owned by MG Premium. Moreover, though Defendants are not “service providers,” not engaged in the storage of content at the direction of users, and thus are not entitled to any of the safe-harbors afforded under Section 512 of the Digital Millennium Copyright Act.”
Apparently, YesPornPlease even after being able to comfortably serve about 100 million users per month. It has recently curved to the pressure of the lawsuit by MG Premium one of MindGeek’s subsidiaries. The lawsuit is aimed at suing both the site and its hosting site i.e., VShare.io, for hundreds of million dollars as compensation for damages. As MG puts it “The YesPornPlease Web Site is a pirate website, displaying copyrighted adult entertainment content without authorization or license,”
The DMCA subpoena was filed back in September 2019. It demanded the security and DDoS platform Cloudflare submit vital information about both of these sites. These included key data like the site’s operator’s names, IP address, physical address, Phone numbers, user, and posting histories, among other things. As the lawsuit puts it, the conduct of business between both platforms “egregious and willful.” “Defendants own and operate websites engaged in the business of copying and distributing infringing audiovisual works. Under the guise of acting as a distributor of ‘user-generated content,’ Defendants, in fact, are directly and knowingly involved in the trafficking of tens of thousands of pirated works – including thousands of works owned by MG Premium“.
Well, it seems like this subpoena didn’t yield any details on who the owners of the site are or where they are located. So far, the only information known to MG Premium is that the site was hosted by an unknown Russian company. Both sites, YesPornPlease and VShare at the time of writing this article, had already taken their websites down, displaying Cloudflare errors. Both of them used domain name servers under Cloudflare, and their identities are hidden by a company called Domain Protection Services, MG Premium claims. The platforms as the alleged use of other US-based companies for their own operations, too, this includes domain registrar Namecheap among other advertisers for US specified ads targeting the US market. And while you might wonder where these sites went wrong. There are claims that the site infringed about 3000 works recently displayed on the website. All this is duly proved in a 233 paged document.
As for the damage level depicted in the infringement lawsuit, it is purely beyond imagination. Like I had mentioned earlier, between July 2017 and January 2020, YesPornPlease is claimed to have offered 3,078 works owned by MG Premium. Each of these particular works has been adequately detailed in a massive list in the 233-page complaint. There is also ignorance by YesPornPlease adult company. Apparently, there were notices sent to take down every one of those infringed works, but they refused to adhere. To make the matter worse, users who were responsible for adding the infringing videos were banished from the site.
MG continues to add that the sites incentivized their users to upload porn videos to benefit from their affiliate program. “By becoming an affiliate to the VShare Web Site, users can earn money for each view of a video on the YesPornPlease Web Site posted through the VShare Web Site. The affiliate’s payout rate is determined based upon a variety of factors, including file size (calculated in minutes), the amount of content downloaded, and the length of time content is watched/viewed. The more content watched, the more money an affiliate makes,”
“Defendants knowingly promote, participate in, facilitate, assist, enable, materially contribute to, encourage, and induce copyright infringement, and thereby have infringed, secondarily infringed, and induced infringement by others, the copyrights in Plaintiffs’ copyrighted work,” the complaint adds. “Defendants’ acts and omissions allow them to profit from their infringement while imposing the burden of monitoring Defendants’ website onto copyright holders, without sufficient means to prevent continued and unabated infringement.”
For these reasons, MG Premium claims that the platforms are responsible for directly violating its content rights while encouraging its members to follow suit. To top it up, the company claims it’s entitled to statutory or actual damages, potentially running to hundreds of millions of dollars and a vast injunction to shield it from infringement in the near future.
In accordance with this injunction, MG Premium demands that all entities acting together with Yespornplease like VShare.io should be prevented from contributing towards a range of actions that result in its copyrighted works being made readily available to the public entirely.
Besides hindering hosting providers from conducting business with the involved sites. MG Premium is driven towards seeing to it that Internet search engines, ISPs, domain name registrars, and registries prevent US users of the site from accessing the site within five days. This is to be done through “blocking or attempting to block access to all domains, subdomains, URLs, and/or IP Addresses that has as its sole or predominant purpose to enable to facilitate access to the YesPornPlease Web Site and/or the VShare Web Site.”
It turns out that YesPleasePorn failed to meet the conditions given by safe harbor provisions of the DMCA that protects sites like YouTube. To make the matter worse, YesPornPlease did not have a DMCA Agent. This is no wonder it ended up failing to honor the multiple takedown notices sent to it via its website.
For those who are not aware of the DMCA Titles conditions, they are usually 5. And apparently, in this case between YesPornPlease and MG premium, there are only two important ones violated. This is because of the other three deal with computer maintenance or repair, miscellaneous provisions, and original design protection. However, the ones that YesPornPlease failed to uphold are as follows:
Title One: WIPO Treaty Implementation
This title drives towards the fact that it is legally okay to access work that does not belong to you for references or whatever reasons. As a matter of fact, it doesn’t even matter whether you had to hack into someone’s computer in order to get it. However, it is illegal to use their work for your own selfish purposes, for instance, to obtain monetary gains as YesPornPlease did without MG Premium’s consent.
Title Two: Online Copyright Infringement Liability Limitation
This title addresses the issue of internet service providers (ISPs) as well as their responsibility in case copyright infringement crimes are committed by their subscribers. However, it clearly states that as long as in its operation rules, it distances itself from such practices. Then it cannot be held responsible but in the event of a subpoena. This section gives MG Premium the copyright holder the right to call upon the courts to subpoena an ISP for the identification of an alleged copyright infringer.
Websites that can be used as YesPornPlease alternatives
Now, MG Premium seems to be on a goose chase for sites infringing its copyrights. As it has been recently made public that it is also suing individual BitTorrent users in Sweden offering to settle for $700. We can only hope for the best for everyone who has dared touch their content without permission. But in the meantime, as we hope that YesPleasePorn reappears somehow even if it’s under a different domain name. We can continue to enjoy some quality porn from the porn tubes below. My advice, enjoy it while it last because you just never know who the MindGeek might be hunting down next.
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