The onslaught of disgusting naked men that seemingly destroyed interest in Chatroulette is now earning the site $100,000 a month. After being flagged by other users a certain number of times, the masturbators — there are about 50,000 on the site every day — are automatically redirected to adult pay sites with which Chatroulette has made agreements. The site's founder, Andrey Ternovskiy, claims that you'll run into a penis only once an hour now — still more surprise penises than you typically experience in an hour outside of Chatroulette, but a vast improvement nonetheless. [Fast Company via Newser]
Subscription Porn Site SLAPPed Down After Suing RedTube For Undermining Its Business Model
from the competing-isn't-undermining dept
We've joked in the past about how many of the complaints we see from companies about new, more innovative competitors, is that they somehow represent "felony interference of a business model." Some companies, it seems, like to believe that if they have a successful business model, any new competitor that changes the market around must be doing so illegally. Eric Goldman points us to just such a lawsuit in California, where the proprietor of a subscription based porn website sued RedTube, one of many, many porn-focused free streaming video sites, and many of RedTube's advertisers, arguing unfair competition. Basically, the argument was that by setting up a website and offering these porn videos for free, while making money on the advertising, RedTube was effectively "dumping" its product on the market below cost in order to harm the market and make money elsewhere.
RedTube, in response, filed an anti-SLAPP claim, saying that the lawsuit sought to silence RedTube exercising its First Amendment rights of speech. While a lower court mostly agreed, it did leave open one small piece of the unfair competition claim, related to the issue of the claim that someone at RedTube's parent company signed up for the plaintiff's subscription website, downloaded the videos, and posted them on RedTube. However, the California state appeals court rejects the lower court's argument, and agrees that even this claim should be tossed out, because it's only unfair competition if the plaintiff can show that he has, in fact, lost money or property as a result of the unfair competition. Since the plaintiff was unable to do so, the court ruled that this claim got tossed out too (though, if true, you do wonder if there might be a copyright issue -- which does not appear to have been raised here).
On the overall point of underpricing the market unfairly, the court points out how silly this is, noting that giving away free content in exchange for advertising is a business model that's been around for ages, and is hardly a form of unfair competition:
If Bright's business model sounds familiar it's because it's the business model
typical of broadcast radio and television stations in the United States not to mention
thousands of local newspapers and, more recently, tens of thousands of Internet websites
including Youtube, CNN and Video.Yahoo.
The court also points out, in its opening, that business models change, and companies need to keep up -- and they shouldn't expect the law to keep their old business models in place:
In the 21st century, businesses of all kinds are having to adapt to a constantly
changing commercial landscape. The business that the parties describe as the "adult
entertainment" industry is no exception. Websites that originally made their money by
offering such material on a subscription or pay-per-view basis are being replaced by
"tube" websites which offer their content for free and make their money through
advertising.
There's also an interesting discussion over whether or not RedTube qualifies for SLAPP protections, as the site's content must involve the "furtherance of their right of free speech on a public issue." The plaintiff said that his complaint had nothing to do with stopping speech, but from the "anti-competitive conduct." The court notes that even publishing videos of porn online is conduct in the furtherance of speech and, in fact, that there is a "substantial public interest in the kind of sexually explicit videos shown on tube-sites such as Redtube." That's one way to put it.
The final point that seemed worth discussing on this is just how silly some "anti-competitive" behavior laws and rulings can be. Part of the plaintiff's argument here was to bring up a bit of caselaw involving two competing San Fransisco tourist cruises, where one firm got in trouble for selling tickets below cost, even though the firm made it up elsewhere. The court rejects this, by claiming that the earlier ruling doesn't apply here because RedTube "does not sell two separate products." That seems silly to me, and if anything really just highlights the problem with the original court ruling about using the tickets as a loss leader. If you read the ruling this way, you get a nonsensical result: giving away the videos for free would be legal, but charging a penny for them could suddenly be seen as unfair competition, because now it would be "selling" two separate products. Bundling multiple products, such that some are given away free or cheaply in the interest of a larger business model should never be seen as anti-competitive on its own. While I agree with the outcome, it seemed like this was the most confused part of the court's ruling, in that it tapdanced around what was, basically, a really bad ruling. The real issue should be to get rid of any rule that says such kinds of bundles are against the law in the first place.
12 Comments | Leave a Comment..
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Fox <b>News</b> Suggests Bulletstorm Is “Worst Video Game In The World”
The ever-incisive Fox News has decided today to try to squeeze a little more blood from the violence in games stone. The issue ...
Obama to Push for Less Restrictive Trade with Russia; Expedited <b>...</b>
Fox News has learned that President Obama will call on Congress to support a permanent normal trade relations status with Russia and that his U.S. trade ambassador will tell Congress Wednesday the White House will intensify efforts this ...
Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World
Fox News pundit claims that "increase in rapes" is due largely to videogames.
bench craft company
The onslaught of disgusting naked men that seemingly destroyed interest in Chatroulette is now earning the site $100,000 a month. After being flagged by other users a certain number of times, the masturbators — there are about 50,000 on the site every day — are automatically redirected to adult pay sites with which Chatroulette has made agreements. The site's founder, Andrey Ternovskiy, claims that you'll run into a penis only once an hour now — still more surprise penises than you typically experience in an hour outside of Chatroulette, but a vast improvement nonetheless. [Fast Company via Newser]
Subscription Porn Site SLAPPed Down After Suing RedTube For Undermining Its Business Model
from the competing-isn't-undermining dept
We've joked in the past about how many of the complaints we see from companies about new, more innovative competitors, is that they somehow represent "felony interference of a business model." Some companies, it seems, like to believe that if they have a successful business model, any new competitor that changes the market around must be doing so illegally. Eric Goldman points us to just such a lawsuit in California, where the proprietor of a subscription based porn website sued RedTube, one of many, many porn-focused free streaming video sites, and many of RedTube's advertisers, arguing unfair competition. Basically, the argument was that by setting up a website and offering these porn videos for free, while making money on the advertising, RedTube was effectively "dumping" its product on the market below cost in order to harm the market and make money elsewhere.
RedTube, in response, filed an anti-SLAPP claim, saying that the lawsuit sought to silence RedTube exercising its First Amendment rights of speech. While a lower court mostly agreed, it did leave open one small piece of the unfair competition claim, related to the issue of the claim that someone at RedTube's parent company signed up for the plaintiff's subscription website, downloaded the videos, and posted them on RedTube. However, the California state appeals court rejects the lower court's argument, and agrees that even this claim should be tossed out, because it's only unfair competition if the plaintiff can show that he has, in fact, lost money or property as a result of the unfair competition. Since the plaintiff was unable to do so, the court ruled that this claim got tossed out too (though, if true, you do wonder if there might be a copyright issue -- which does not appear to have been raised here).
On the overall point of underpricing the market unfairly, the court points out how silly this is, noting that giving away free content in exchange for advertising is a business model that's been around for ages, and is hardly a form of unfair competition:
If Bright's business model sounds familiar it's because it's the business model
typical of broadcast radio and television stations in the United States not to mention
thousands of local newspapers and, more recently, tens of thousands of Internet websites
including Youtube, CNN and Video.Yahoo.
The court also points out, in its opening, that business models change, and companies need to keep up -- and they shouldn't expect the law to keep their old business models in place:
In the 21st century, businesses of all kinds are having to adapt to a constantly
changing commercial landscape. The business that the parties describe as the "adult
entertainment" industry is no exception. Websites that originally made their money by
offering such material on a subscription or pay-per-view basis are being replaced by
"tube" websites which offer their content for free and make their money through
advertising.
There's also an interesting discussion over whether or not RedTube qualifies for SLAPP protections, as the site's content must involve the "furtherance of their right of free speech on a public issue." The plaintiff said that his complaint had nothing to do with stopping speech, but from the "anti-competitive conduct." The court notes that even publishing videos of porn online is conduct in the furtherance of speech and, in fact, that there is a "substantial public interest in the kind of sexually explicit videos shown on tube-sites such as Redtube." That's one way to put it.
The final point that seemed worth discussing on this is just how silly some "anti-competitive" behavior laws and rulings can be. Part of the plaintiff's argument here was to bring up a bit of caselaw involving two competing San Fransisco tourist cruises, where one firm got in trouble for selling tickets below cost, even though the firm made it up elsewhere. The court rejects this, by claiming that the earlier ruling doesn't apply here because RedTube "does not sell two separate products." That seems silly to me, and if anything really just highlights the problem with the original court ruling about using the tickets as a loss leader. If you read the ruling this way, you get a nonsensical result: giving away the videos for free would be legal, but charging a penny for them could suddenly be seen as unfair competition, because now it would be "selling" two separate products. Bundling multiple products, such that some are given away free or cheaply in the interest of a larger business model should never be seen as anti-competitive on its own. While I agree with the outcome, it seemed like this was the most confused part of the court's ruling, in that it tapdanced around what was, basically, a really bad ruling. The real issue should be to get rid of any rule that says such kinds of bundles are against the law in the first place.
12 Comments | Leave a Comment..
bench craft company>
Fox <b>News</b> Suggests Bulletstorm Is “Worst Video Game In The World”
The ever-incisive Fox News has decided today to try to squeeze a little more blood from the violence in games stone. The issue ...
Obama to Push for Less Restrictive Trade with Russia; Expedited <b>...</b>
Fox News has learned that President Obama will call on Congress to support a permanent normal trade relations status with Russia and that his U.S. trade ambassador will tell Congress Wednesday the White House will intensify efforts this ...
Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World
Fox News pundit claims that "increase in rapes" is due largely to videogames.
bench craft company
[reefeed]
bench craft company
bench craft company
Fox <b>News</b> Suggests Bulletstorm Is “Worst Video Game In The World”
The ever-incisive Fox News has decided today to try to squeeze a little more blood from the violence in games stone. The issue ...
Obama to Push for Less Restrictive Trade with Russia; Expedited <b>...</b>
Fox News has learned that President Obama will call on Congress to support a permanent normal trade relations status with Russia and that his U.S. trade ambassador will tell Congress Wednesday the White House will intensify efforts this ...
Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World
Fox News pundit claims that "increase in rapes" is due largely to videogames.
bench craft company
The onslaught of disgusting naked men that seemingly destroyed interest in Chatroulette is now earning the site $100,000 a month. After being flagged by other users a certain number of times, the masturbators — there are about 50,000 on the site every day — are automatically redirected to adult pay sites with which Chatroulette has made agreements. The site's founder, Andrey Ternovskiy, claims that you'll run into a penis only once an hour now — still more surprise penises than you typically experience in an hour outside of Chatroulette, but a vast improvement nonetheless. [Fast Company via Newser]
Subscription Porn Site SLAPPed Down After Suing RedTube For Undermining Its Business Model
from the competing-isn't-undermining dept
We've joked in the past about how many of the complaints we see from companies about new, more innovative competitors, is that they somehow represent "felony interference of a business model." Some companies, it seems, like to believe that if they have a successful business model, any new competitor that changes the market around must be doing so illegally. Eric Goldman points us to just such a lawsuit in California, where the proprietor of a subscription based porn website sued RedTube, one of many, many porn-focused free streaming video sites, and many of RedTube's advertisers, arguing unfair competition. Basically, the argument was that by setting up a website and offering these porn videos for free, while making money on the advertising, RedTube was effectively "dumping" its product on the market below cost in order to harm the market and make money elsewhere.
RedTube, in response, filed an anti-SLAPP claim, saying that the lawsuit sought to silence RedTube exercising its First Amendment rights of speech. While a lower court mostly agreed, it did leave open one small piece of the unfair competition claim, related to the issue of the claim that someone at RedTube's parent company signed up for the plaintiff's subscription website, downloaded the videos, and posted them on RedTube. However, the California state appeals court rejects the lower court's argument, and agrees that even this claim should be tossed out, because it's only unfair competition if the plaintiff can show that he has, in fact, lost money or property as a result of the unfair competition. Since the plaintiff was unable to do so, the court ruled that this claim got tossed out too (though, if true, you do wonder if there might be a copyright issue -- which does not appear to have been raised here).
On the overall point of underpricing the market unfairly, the court points out how silly this is, noting that giving away free content in exchange for advertising is a business model that's been around for ages, and is hardly a form of unfair competition:
If Bright's business model sounds familiar it's because it's the business model
typical of broadcast radio and television stations in the United States not to mention
thousands of local newspapers and, more recently, tens of thousands of Internet websites
including Youtube, CNN and Video.Yahoo.
The court also points out, in its opening, that business models change, and companies need to keep up -- and they shouldn't expect the law to keep their old business models in place:
In the 21st century, businesses of all kinds are having to adapt to a constantly
changing commercial landscape. The business that the parties describe as the "adult
entertainment" industry is no exception. Websites that originally made their money by
offering such material on a subscription or pay-per-view basis are being replaced by
"tube" websites which offer their content for free and make their money through
advertising.
There's also an interesting discussion over whether or not RedTube qualifies for SLAPP protections, as the site's content must involve the "furtherance of their right of free speech on a public issue." The plaintiff said that his complaint had nothing to do with stopping speech, but from the "anti-competitive conduct." The court notes that even publishing videos of porn online is conduct in the furtherance of speech and, in fact, that there is a "substantial public interest in the kind of sexually explicit videos shown on tube-sites such as Redtube." That's one way to put it.
The final point that seemed worth discussing on this is just how silly some "anti-competitive" behavior laws and rulings can be. Part of the plaintiff's argument here was to bring up a bit of caselaw involving two competing San Fransisco tourist cruises, where one firm got in trouble for selling tickets below cost, even though the firm made it up elsewhere. The court rejects this, by claiming that the earlier ruling doesn't apply here because RedTube "does not sell two separate products." That seems silly to me, and if anything really just highlights the problem with the original court ruling about using the tickets as a loss leader. If you read the ruling this way, you get a nonsensical result: giving away the videos for free would be legal, but charging a penny for them could suddenly be seen as unfair competition, because now it would be "selling" two separate products. Bundling multiple products, such that some are given away free or cheaply in the interest of a larger business model should never be seen as anti-competitive on its own. While I agree with the outcome, it seemed like this was the most confused part of the court's ruling, in that it tapdanced around what was, basically, a really bad ruling. The real issue should be to get rid of any rule that says such kinds of bundles are against the law in the first place.
12 Comments | Leave a Comment..
bench craft company
bench craft company
Fox <b>News</b> Suggests Bulletstorm Is “Worst Video Game In The World”
The ever-incisive Fox News has decided today to try to squeeze a little more blood from the violence in games stone. The issue ...
Obama to Push for Less Restrictive Trade with Russia; Expedited <b>...</b>
Fox News has learned that President Obama will call on Congress to support a permanent normal trade relations status with Russia and that his U.S. trade ambassador will tell Congress Wednesday the White House will intensify efforts this ...
Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World
Fox News pundit claims that "increase in rapes" is due largely to videogames.
bench craft company
bench craft company
Fox <b>News</b> Suggests Bulletstorm Is “Worst Video Game In The World”
The ever-incisive Fox News has decided today to try to squeeze a little more blood from the violence in games stone. The issue ...
Obama to Push for Less Restrictive Trade with Russia; Expedited <b>...</b>
Fox News has learned that President Obama will call on Congress to support a permanent normal trade relations status with Russia and that his U.S. trade ambassador will tell Congress Wednesday the White House will intensify efforts this ...
Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World
Fox News pundit claims that "increase in rapes" is due largely to videogames.
bench craft company
Fox <b>News</b> Suggests Bulletstorm Is “Worst Video Game In The World”
The ever-incisive Fox News has decided today to try to squeeze a little more blood from the violence in games stone. The issue ...
Obama to Push for Less Restrictive Trade with Russia; Expedited <b>...</b>
Fox News has learned that President Obama will call on Congress to support a permanent normal trade relations status with Russia and that his U.S. trade ambassador will tell Congress Wednesday the White House will intensify efforts this ...
Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World
Fox News pundit claims that "increase in rapes" is due largely to videogames.
bench craft company
Fox <b>News</b> Suggests Bulletstorm Is “Worst Video Game In The World”
The ever-incisive Fox News has decided today to try to squeeze a little more blood from the violence in games stone. The issue ...
Obama to Push for Less Restrictive Trade with Russia; Expedited <b>...</b>
Fox News has learned that President Obama will call on Congress to support a permanent normal trade relations status with Russia and that his U.S. trade ambassador will tell Congress Wednesday the White House will intensify efforts this ...
Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World
Fox News pundit claims that "increase in rapes" is due largely to videogames.
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Fox <b>News</b> Suggests Bulletstorm Is “Worst Video Game In The World”
The ever-incisive Fox News has decided today to try to squeeze a little more blood from the violence in games stone. The issue ...
Obama to Push for Less Restrictive Trade with Russia; Expedited <b>...</b>
Fox News has learned that President Obama will call on Congress to support a permanent normal trade relations status with Russia and that his U.S. trade ambassador will tell Congress Wednesday the White House will intensify efforts this ...
Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World
Fox News pundit claims that "increase in rapes" is due largely to videogames.
bench craft company
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StunnaKway
January 15th, 2011 at 8:01 am
#TeamMinaj
Kekeluvsu
January 15th, 2011 at 8:08 am
#teamdrizzy This should be great I like seeing his mom. You can see the love in his eyes and hear in his voice when he talks about her. GO DRAKE!!!!!
maya
January 15th, 2011 at 9:28 am
aw, Drake is so sweet. I like the fact that he’s not all stuck up like most rappers :)
DRB
January 15th, 2011 at 10:08 am
For me-
Best New Artist: Florence
Best Rap Solo: Eminem, then maybe Drake probably- IDK any of those are that strong and Kanye needs to fuck off.
Best Rap Album: BP3 for me but probably Recovery or The Roots (which I’ve never listened to)
Rap Duo/Group: On The Next for me, the Drake
So…. hope he isn’t too disappointed if he doesn’t win anything. Eminem is going to shit on everyoe, then Jay’s runner up, then Drake fits in.
A Realist
January 15th, 2011 at 11:01 am
Good luck Drake. I really hope he wins one!
jhuntdaprodigy
January 15th, 2011 at 11:39 am
Drizzy should win best new artist, in my opinion. Forget Not Afraid though, best rap solo should be Power, if not Power, I’d be cool w/ Over though. Best rap album, idk rly, Eminem’s prolly winning that hands down. Rap duo/group should be Drake though for Fancy. On to the next one wasn’t that great 2 me.
TRA
January 15th, 2011 at 12:25 pm
DRB, you sound like you hate Kanye. Kanye West is an egomaniac, and a loose cannon, but Kanye West always makes great music just as much as Drake. The only people who hate Kanye West are the media, and mainstream fans who never listen to any of his music. He might not be a very, good person but every album he has made has sold over a million copies to this point. His music is undeniable, 4 platinum albums, and a potential 5th platinum album says alot. I’m not just saying this because I’m a Kanye fan, but I am also a Drake fan, I say that Kanye and Drake are both at the top. Don’t just say fuck off without giving hardcore details to back up any venom you may have towards another artist.
TRA
January 15th, 2011 at 12:27 pm
I want to see Drake win something, but if Drake loses, then Kanye West will be deserving since Power is a great song. I think Eminem is going to win a lot of awards for Recovery.
Lolsmileyface
January 15th, 2011 at 3:04 pm
Aww nice :)
He should win some of those that night, particularly the album and solo performance
Heminem
January 15th, 2011 at 7:08 pm
Yay Drake!
Respectful man.
namzii
January 16th, 2011 at 3:28 am
hmm.. awh cute.. but he should have taken nicki ‘)
Driz
January 18th, 2011 at 3:33 pm
I think he’s going to win the best rap/duo for Fancy and prolly the best new artist. Eminem will win the others..