Re: Reply to Studdrive.com owner…
I think this is more intended to individuals uploading their private photos and videos.
Seriously, no webmaster is going to be using this “service” anyway. Well, at least not with those TOS
Re: Reply to Studdrive.com owner…
The BBC use that kind of TOS on their forums etc where users make comments, upload photos etc. It’s quite a normal one to have on a site like this, but I have to agree, it is not likely to be of any use to a genuine webmaster promoting sponsors in this industry.
Re: Reply to Studdrive.com owner…
Hi,
Squirt - Please understand the concept of the site and actually read the site before posting your comments. WE DON’T PAY YOU…You earn money from whomever you use for your banners on the site, be it a sponsor or an advertising company such as Etology, Adbrite…So no, you don’t have my name on any check and I don’t pay you. 
My name is TOM, I have no reason to lie about my name, because domains on the server are registered to someone else, doesn’t mean I own them and that my name is Roy, lol…!
Gaydemon_Jr - Yes you are correct, this is a pretty standard TOS which is used on many sites.
Mili - You may be correct where it is useful for personal users only, but with non-gay sites we run we have found that there are a lot of amateur porn sites which need content hosting for movies images. Or if a sponsor wanted to just post a video or images themselves (and they own the copyright ;)) then they could do so.
Cheers,
Tom
Re: Reply to Studdrive.com owner…
[quote=studdrive;25484]Hi,
Squirt - Please understand the concept of the site and actually read the site before posting your comments. WE DON’T PAY YOU…You earn money from whomever you use for your banners on the site, be it a sponsor or an advertising company such as Etology, Adbrite…So no, you don’t have my name on any check and I don’t pay you. My name is TOM, I have no reason to lie about my name, because domains on the server are registered to someone else, doesn’t mean I own them and that my name is Roy, lol[/quote]
I don’t think there’s anything funny about you wanting to remain anonymous yet claiming ownership of anything posted on your server via your TOS, which completely contradicts your disclaimer.
You even contradict yourself in your TOS:
"studdrive is under no obligation responsible for the content uploaded by the users. "
“You release all rights to the file, and give full permission to studdrive and its associates to use and publish the file in anyway they wish.”
So you have all rights for the files but are not responsible for the content , yeah right
Your TOS specifically states that when we use your service “You release all rights to the file”. You are running a complete scam as a year from now you could start a pay site filled with all the content people have hosted on your servers in the past and claim rights based on your TOS. We know better, but amatuers out there don’t and would have no idea what your true intentions are, this is unfortunate.
Re: Reply to Studdrive.com owner…
Squirt - Go read some other TOS and then come back to me. I’m not trying to scam anyone, why am I hear answering all your ridiculous allegations?!
So far you’ve accused me of wanting to host illegal content, to not pay people money even though I’ve said you get paid by your banner sponsor/advertiser, I’m now apparently trying to start a pay site with other peoples content and you’re intent on calling me ROY!
Please just stop now…read the site, read the TOS of many sites and read what I’m replying to you!
I’m not responding to any more of your posts Squirt, each one is more ridiculous than the last. I’m just trying to promote our service to any webmasters who are genuinely interested.
Cheers.
Re: Reply to Studdrive.com owner…
In reading your replies, I have a simple question for you.
What do you have in place, to insure that content uploaded by ‘amateurs’ are in fact, theirs to upload? What do you have in place for conflict resolution, for when there is a conflict as to who has the right to display that content?
If there is only a ‘contact form’ what are the backups for alternative methods of contacting you? I mean that would seem logical, and as you are hosting content, there should be some physical address and contact person, to notify you of conflicts, or illegal material being uploaded.
I think that inability is what has many concerned that this isn’t 100% legit.
Do you for example, monitor all uploads to insure that some CP or objectionable material isn’t being snuck in? We all know pasting warnings about such actions are just cover, and without an active means of checking, is just useless. We all also know that it stops no one from doing just that. So what do you do, to insure your terms are followed?
Re: Reply to Studdrive.com owner…
Replying or not replying won’t change anything. In fact, it might improve your situation, remembering the quote attributed to George Elliot, among others:
“It is better to remain silent and be thought a fool, than to open your mouth and remove all doubt”
Let’s look at the facts
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Company is new company no one has ever heard of before, but claims to want business with established webmasters.
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Company won’t reveal its ownership, owner’s names, address, or other contact information.
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Company says it is not obligated to respond to DMCA requests, but will remove content anyway, essentially “just to be nice.”
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Company TOS says that it is not responsible for any content uploaded, but the same TOS also says that company gains ownership of all content uploaded.
When you add all that together, it’s pretty clear that the owners of the company are either blatantly incompetent and have no idea what they’re doing, or else they are attempting to acquire rights to a ton of content for their own uses, and/or become yet another website whose business model is based on the distribution of stolen intellectual property.
Re: Reply to Studdrive.com owner…
OUCH! So if CP is uploaded, then they own it?
In all seriousness, this is a common clause in many TOSes, but mainly for those that may actually do something with the content. Most don’t say they “own” it, but have a right to re-use it. It’s mostly seen on boards.
Re: Reply to Studdrive.com owner…
The whole TOS is absurb from the word go. If I uploaded Titan Men content to their server, they certainly wouldn’t own because the copyright and ownership were not my to grant in the first place.
Michael
Re: Reply to Studdrive.com owner…
well, when somebody does upload titan content, it will be interesting 
[quote=dzinerbear;25556]The whole TOS is absurb from the word go. If I uploaded Titan Men content to their server, they certainly wouldn’t own because the copyright and ownership were not my to grant in the first place.
Michael[/quote]
Re: Reply to Studdrive.com owner…
I’ve seen plenty of TOS that say, in effect, “by uploading content, you give us a license to use the content you have uploaded” usually with some restrictions attached (can’t be used other than on the site uploaded, can’t be sold, etc.)
But his TOS says “By uploading a file to studdrive you give permission for the owners of studdrive to publish your file in any of their projects or publications. You release all rights to the file, and give full permission to studdrive and its associates to use and publish the file in anyway they wish.”
I’ve never seen another TOS that attempts to get a user to release all rights to a file, to publish it in anything they do, in any way they wish. You’d have to be a complete idiot to upload anything under those terms.
And, as Michael and Patti point out, it will be fun if somebody uploads a Titan video
Re: Reply to Studdrive.com owner…
Many non-US webmasters believe that US law does not apply since they and their servers are located outside the US. They could not be more wrong; not only are there treaties and international agreements among the majority of countries on the planet that make a DMCA enforceable but as a general rule legitimate business owners take all notices seriously and act (without claiming they are not under any obligation to do so)
First Rule: Server location outside the US does not make anyone immune
Second Rule: No website is an island. When I have received resistance from a non- US entity to a DMCA notice , I can find someone or some company that deals with them, be it host, biller, or other that will take my DMCA notice seriously. The website owner might try to hide, but I will find the companies he deals with and relies upon. This always gets results and can lead to severed business relationships for the one that did not want to act.
Golden Rule: Take every notice of copyright infringement seriously, whether it is a DMCA notice in English or an email in Norwegian from a pissed off content producer.