LinkBIGGER has officially launched it's public BETA testing phase. While the system is able to easily offer you the ability to find, and trade links within minutes of signing up to the service, there remains many tweaks, fixes, and features to be added. That being said, the development team still works ridiculous long hours daily to bring these updates to the site for you to take advantage of.

We are extremely proud to have had Xbiz pickup the news of our public beta testing, and want to thank them for their show of support! And all of you for beginning to use the system, and many of you adopting it into your daily working routine, which really is the goal. We want LinkBIGGER to take care of all your linking needs!

We have received many suggestions, and have implemented a number of them already, the biggest probably being the switch from javascript includes to PHP includes, which was done in under 24 hours after the request by several users was made. We are molding the site into a tool designed for the webmaster daily workflow, with your needs in mind.

We ask for your patience as the system rounds itself out and becomes an even better tool for you!

The LinkBIGGER.com BETA BUG BASH has begun! Welcome one and all to the system. We're all very excited about opening the system up to the inital users and testers. It's been a long arduous process getting the system designed, and implemented - and we can't wait for you guys to poke around and pick out the little bugs that will inevitably be found!

We have tried our best to create a system that is as user-friendly as possible. The main goal of LinkBIGGER.com is so that you can spend less time building links, and less time verifying old link building efforts, so that you can focus your efforts on doing other more important things! Or if linkbuilding is what you do best, then to make your life as easy as possible.

Many people hire link builders, and have staff members for building ad campaigns, and verifying advertising efforts. We don't hope you downsize your staff, as we'll get nightmares about angry unemployed people hunting us down with pitch-forks, but we hope that the hours that the LB system saves your employees can also be spent either gathering more links and advertising that was previously possible, or free them up to also do more important things.

As the "face" of the LB Dev team, I'd like to cordially than each and every one of you for the whole LB Dev team. We very much look forward to your presence on the forums, in the community, and using the system to trade links, and protect them as well!

While LinkBIGGER.com is in it's beta phase we appreciate both your interest in our service, as well as helping it grow and thrive to be the best possible tool for you and all webmasters. The beta phase of linkBIGGER.com is extremely important for obvious reasons...there will be bugs that arise here and there, and there are features and innovations that we simply haven't thought of.

We do know however that taking the time to report bugs and make suggestions sometimes interrupts the flow of your workday, and therefore we'd like to give a little thank you, as well as entice you a little to help find bugs and make suggestions!

As announced on the forums, we''ve come up with a little contest for you to participate in while you beta test the site! For each and every bug you report, as long as it's a valid bug (as dictated by LinkBIGGER.com employees) - You will be granted a ticket. At the end of the first Beta phase we will throw all the tickets into a hat and give you the chance to win some free traffic! The more bugs you report, the better your chances at winning!

1st Prize - 10,000 hits

2nd Prize - 5,000 hits

3rd Prize - 2,000 hits

You specify the niche, and URL you want the traffic to go to. You specify the broker you'd like the traffic sent from and as long as that broker approves your URL, you get your traffic!

This excludes CPC ad campaigns. 

Good Luck!

A select few of the LinkBIGGER.com development team will be present at the Cybernet tradeshow in San Francisco from June 10th to the 12th! We are very much looking forward to meeting many of you face-to-face, aswell as the oppurtunity to show you many of the features and advantages LinkBIGGER has to offer.

The LinkBIGGER.com crew also has some very exciting news, that every webmaster both big and small will be very interested in hearing. We plan to make this announcement at the Cybernet show - but those of you not able to attend the show will also find out very shortly thereafter!

We look forward to seeing you at the show!

The Wi-Fi Hotspot Finder webapp displays free wireless internet hotspots in your area on a Google Maps mashup. To use it, just give it your address, city, or zip and it''ll display many of the nearby hotspots. This sort of tool isn''t new by any means, but it is returning better results in my area than previously mentioned webapps like Hotspotr.

If you give it a try, let''s hear how the hotspot finder measures up in your area in the comments. While you''re there, you may want to download wiPod, which stores all that hotspot information in note form for easy browsing on your iPod.

[Free Wi-Fi/Hotspot Finder] via [Lifehacker]

Inspired by Gizmodo's Addy's post on a man and his "love" of robots, the guy at SlashDong decided to take a Fleshlight and make it into an input device for his computer. The whole setup costs about $100ish, and consists of a cap replacement for the Fleshlight, a control box, a rubber tube, and a USB cable. Oh, and an actual sex game to use it with. You didn''t think you could use this to Photoshop, did you?

The end result, after programming the computer to think that this makeshift device is a mouse, is that you can use your wang to simulate having sex with a woman on screen. Of course, it''s an incredibly ugly woman with 1995-era graphics, but it corresponds to your penile motions. Is this a revolution in sexual computing? Are we going to see more of these devices in the future? We think yes

[Slashdong (NSFW)] via [Gizmodo]

Today Canon has announced updates to their XL H1 1080i Pro HD camcorder, splitting the line into two offerings: the XL H1S and XL H1A, a more simplistic XL H1A will be offered at a retail price of just $5,999 this July—several thousand less that we saw the original XL H1 priced for. And the H1 classic XL H1S, available this June, will run $8,999.

Updates look to be disappointingly minor, with more studio output options, expanded image control, Speedlite shoe mount, and the ability to record external in XLR mics at the same time. The spec-similar 20X HD zoom lens has also seen an update for improved manual controls/ergonomics. But the biggest component, the three 1/3 inch, 1.67 Megapixel CCD Image Sensors along with Canon''s proprietary DIGIC DVII HD Image Processor—seems to be a complete rehash of the XL H1—a camera that''s now over two years old.

Oh, and the bonus for forking over $3,000 more for the XL H1S?
"The XL H1S model provides expanded connectivity by incorporating HD-SDI (SMPTE 299M)/SD-SDI (SMPTE272M) output with embedded audio and time code, providing a raw, uncompressed 1.485 Gbps signal for demanding live production environments, SMPTE Time Code input and output terminals, and a Genlock output terminal for multi-camera shooting situations."

[Free Wi-Fi/Hotspot Finder] via [Lifehacker]

Freeware app Outlook on the Desktop embeds the Outlook calendar directly into your desktop. Outlook on the Desktop creates a semi transparent layer that pins the Outlook Calendar on the desktop at all times. The premise is to mimic the real life paper calendaring system — you know the really big calendar you used to keep on your desk. Also, since it uses Outlook, you have full access to all of Outlook''s functionality. Outlook on the Desktop requires .NET 2.0. If you do not have it installed, the program''s setup will install it for you. Outlook on the Desktop is a free download for Windows only.

[Embed Outlook to Your Desktop] via [Lifehacker]

Adobe Media Player is a free video streaming application that runs on the Adobe Air platform. What it is is a desktop content delivery vehicle for “Adobe TV”, which comprises a number of licensed networks and channels offers content creators the opportunity publish their videos. Content is managed within the app so that it is saved and be accessed offline, and a range of video resolutions (480i, 720p, and 1080p) are supported.

This is Adobe’s foray into the content streaming market, competing with the likes of Miro, Joost, and a few dozen others that have mushroomed over the past few months (see this posting).

With all these streaming video services popping up its hard to see why a user would favor any particular one over the others. I think I am a typical user in that I personally would seek out YouTube first and foremost whenever I am seeking video content, but Adobe Media Player is distinct from YouTube in a number of ways, although it is not really differentiated from the many other desktop content management/delivery platforms. Here are more notes on this program:

• The content: the video content offered is licensed from a number of networks such as CBS, MTV, PBS and others, such that you are able to watch older episodes of CSI for example.
• Finding what you seek: although the videos are sorted into subject categories as well as networks, I got a feeling that the complete unpredictability of the kind of programming that is offered will make it unlikely that I or a user like me would be turning to Adobe Media Player to watch video content. Unless the user has the time and inclination to simply browse what’s on offer, in which case he/she might find some gems. The search box, unfortunately, offers search within episodes but not across networks.
• The user experience: the program feels like a very sleek iTunes or Podcasting client for videos. It actually looks and feels good, very responsive and intuitive, making navigating through the program quite a pleasant experience. The option to bookmark favorite channels is quite convenient.

[Streaming Video From Adobe Media Player] via [Freewaregenius.com]

Some of us prefer carrying Tablet PCs inside meetings or the classroom because they help us capture handwritten notes directly on the computer. And writing with a pen in free-form anywhere on the screen is always convenient than typing a Word document line-by-line. Now imagine a workflow where the Tablet is replaced by a traditional paper notebook - you write notes or sketch drawings in ink on paper and then transfer the notes onto the computer.

This is possible with Capturx - a kit that comprises of a digital ballpoint pen (only slightly thicker than a regular pen) and a paper notebook.

You write on a paper notebook with ink, connect the Capturx pen to the computer (via USB or Bluetooth) and all your handwritten notes are imported into Microsoft OneNote. The whole process is even simpler than transferring digital photos from some camera to the computer.

Once your notes are on the computer, you can search the handwriting or convert it to digital text with OneNote. If you add more text to some existing page of the paper notebook, Capturx will smartly download only the latest changes to OneNote. It actually works like magic.

And you are less likely to run into issues like the notebook running out of battery because the Capturx pen can capture several pages of text in a single charge.

Now the Capturx kit costs $350 and that doesn’t include the price of Microsoft OneNote software. You also need to buy special paper notebooks that cost ~$20 (for 150 pages). And the kit is only available in US though they plan to expand in more countries in 4Q.

The price of the unit (and the recurring cost) is a concern but otherwise, Capturx is flawless and a perfect choice for writing notes without those bulky Tablet PCs - it is not a replacement of Tablets but definitely a useful companion.

Capturx is available at adapx.com. You may also want to check out Warner Crocker’s video demo of Capturx while Kathy Jacobs has a detailed tutorial on troubleshooting Capturx.

[Digitize Your Notes] via [Digital Inspiration]

With the release of Eee PC 900 imminent, the folks at XEPC have managed to get their grubby little mitts on a final production model. Not only that, but they''ve posted the glorious unboxing pictures all over the tubes for you to see. Features that are now definitely definite, include:

8.9-inch display (1024 x 600), 1GB RAM, 12GB SSD, 1.3MP camera, increase in touchpad surface area and a larger 12V power brick, which allows for more rapid charging cycles. Other note worthy features include a RAM access panel, which presumably has been put in place to make the Eee PC 900 DIY upgrade friendly; Intel goodness inside that is probably not Atom flavored, and finally, a supposed release date of mid-April, which doesn''t fit with whisperings we''ve previously heard all that well. Hit up the link for a slew of unboxing shots to make you all white and plasticy.

[XEPC] via [Gizmodo]

The new horserace for DSLR cameramakers is in full-frame (equivalent to 35mm) pro cameras, formerly a Canon-dominated market. Nikon''s stunning D3 was its first full-frame DSLR (after years of saying it''s unnecessary) and Sony unveiled its own 25MP whopper in January (they''re trying to quickly build technical prestige). Now Samsung has let on it''s cooking its own full-frame sensor for a pro camera. They''re probably co-developing with Pentax (again) since the exec that slipped the plans re-emphasized their coziness, so we''ll likely see the same sensor in cameras from both makers, with differentiation in the body and software. Digital Camera Review says that the Pentax K20D''s "image quality is among the best I''ve seen in the sub $2,000 price range," and Pentax usually delivers a nice price-to-performance ratio, so this could make the full-frame DSLR market a lot more interesting.

[XEPC] via [Gizmodo]

A Microsoft manager has said that one of the security features in Vista was deliberately designed to "annoy users" to put pressure on third-party software makers to make their applications more secure.

David Cross, a product unit manager at Microsoft, was the group program manager in charge of designing User Account Control (UAC), which, when activated, requires people to run Vista in standard user mode rather than having administrator privileges, and offers a prompt if they try to install a program.

"The reason we put UAC into the (Vista) platform was to annoy users--I''m serious," said Cross, speaking at the RSA Conference here Thursday. "Most users had administrator privileges on previous Windows systems and most applications needed administrator privileges to install or run."

Cross claimed that annoying users had been part of a Microsoft strategy to force independent software vendors (ISVs) to make their code more secure, as insecure code would trigger a prompt, discouraging users from executing the code.

"We needed to change the ecosystem," said Cross. "UAC is changing the ISV ecosystem; applications are getting more secure. This was our target--to change the ecosystem. The fact is that there are fewer applications causing prompts. Eighty percent of the prompts were caused by 10 apps, some from ISVs and some from Microsoft. Sixty-six percent of sessions now have no prompts," said Cross.

Cross claimed it is a myth that users just turn UAC off, saying that Microsoft had collected opt-in information from users that showed that 88 percent were running UAC. Cross said it was also a myth that users blindly accept prompts without reading them.

"It''s a myth that users click ''yes,'' ''yes,'' ''yes,'' ''yes,''" said Cross. "Seven percent of all prompts are canceled. Users are not just saying ''yes.''"

Security company Kaspersky has severely criticized UAC, claiming in March last year that it would make Vista less secure than Windows XP.

At this year''s RSA Conference, however, the security specialist seemed to have changed its tune. With Windows, "there is a large attack surface with a number of entry points," said Jeff Aliber, Kaspersky''s U.S. senior director of product marketing. "Anyone trying to shrink that attack surface and promote secure apps development has to be a good thing."

Prior to the launch of Vista, Kaspersky issued a report in January 2007 that said UAC would be ineffectual. The company claimed that many applications perform harmless actions that, in a security context, can appear to be malicious. As UAC flashes up a warning every time such an action is performed, Kaspersky said that users would be forced to either blindly ignore the warning and allow the action to be performed or disable the feature to stop themselves from going "crazy."

[Windows Vista User Account Control] via [Cnet News]

We got our hands on ASUS''s beefy M70 laptop way back at CES earlier this year, but it looks like the company has just now gotten around to letting the monster loose on the general populace. In case you missed it, this one packs up to one terabyte of storage (in the form of two 500GB drives), along with a 17-inch WUXGA display, your choice of Core 2 Duo processors up to a T9300, ATI Mobile Radeon HD3650 or HD3470 graphics, and an optional Blu-ray drive, among other expectedly top-end features. To make sure no one else but you gets to toy around with all that, ASUS has also seen fit to include not one but two security measures, including the usual fingerprint scanner and ASUS''s trademark SmartLogon face-scanning technology. No word on a price, but we''re guessing that''s a detail best kept on a need to know basis.

[Terabyte Asus M70] via [Engadget]

[by: Darklady] via [YNOT.com]

"I saw a lack of quality job boards for the adult industry, and specifically for the online adult industry," AdultGigNet.com founder and CEO DJ Neawedde told XBIZ. "I'm actively promoting AdultGigNet, funneling job candidates to our job board and trying to work closely with companies that are hiring."

AdultGigNet.com can be searched in categories representing the entire online adult industry, ranging from legal services to design and content creation. Lawyers, programmers, web designers, webmasters, copywriters and aspiring talent can all find a place to look for work, as well as promote and sell their services.

AdultGigNet.com also will serve as a port of entry for new professional talent to get into direct contact with employers and start building a network of connections and references within the field.

Users can subscribe to the job board's RSS feed to learn of new opportunities the moment they are added.

For more information, visit AdultGigNet.com or email admin@adultgignet.com.

[by: Tod Hunter] via [Xbiz.com]

The new blogging service is called BayWords.com, and it runs on the Wordpress blogging engine.

BayWords co-founder Brokep said that he got the idea to start an uncensored blog service after a friend had his blog removed from the main Wordpress blogging service.

"Many blogs are being shut down for uncomfortable thoughts and ideas," Brokep told the news website TorrentFreak.com. "We will not do that. Our goal is to protect freedom of speech and your thoughts. As long as you don’t break any Swedish laws in your blog, we will defend it."

But Wordpress' Matt Mullenweg disputed the contention that Wordpress suppressed an "uncomfortable idea."

“WordPress.com supports free speech and doesn’t shut people down for 'uncomfortable thoughts and ideas,'" he said. "In fact we’re blocked in several countries because of that. However as a U.S.-based company we must comply with U.S. laws, which means if the primary purpose of a blog is distributing illegal material it’s not a good fit for WordPress.com."

This isn't The Pirate Bay's first addition to its content-sharing empire. The site's founders have also added an uncensored image-hosting service called BayImg.com, and they still have plans to launch a YouTube competitor called TheVideoBay.org.

Since its launch in 2004, The Pirate Bay has amassed a user base of roughly 2.5 million people and 10 million file-sharing peers.

In February 2008, the Swedish government charged the website with trying to break copyright laws.

[by: Bob Preston] via [Xbiz.com]

The testimony was presented at the FCC’s Public En Banc Hearing on Broadband Network Management Practices at Stanford University.

“For independents,” Prewitt said in her statement, “the Internet offers a new route to reach consumers and a new creative medium that will change the very form that story-telling will take. The Commission has the chance now to set down policies that will keep the Internet open and competitively accessible to all users. Neither we, nor the consumers, can afford to have large gatekeepers lock up the Internet as they have locked up television and cable.”

Prewitt and members of IFTA are concerned that broadband providers will discriminate against independent content producers by restricting categories of users, types of traffic or give preferential treatment to content providers, citing telecom provider Comcast’s decision to slow traffic to peer-to-peer sites as an example.

“Blocking Internet applications and interfering with the public’s ability to access information is discriminatory and must not be a consequence of acceptable network management practices. Additionally, there must be transparency, equal treatment and a method of redress when provider’s private decisions impair the rights of others and the public interest,” Prewitt said.

Prewitt also pointed out that copyright infringement enforcement has been cited as a reason for implementing “network management” by broadband providers. While an important issue for content producers, Prewitt argued that copyright infringement should not be allowed to deny open access to the Internet for legitimate users.

Citing the role that large media conglomerates have played in virtually eliminating independent film and television producers from outlets on U.S. broadcast and cable networks, Prewitt said that the Internet offered route for independent producers to reach the consumer.

Independent film and television producers are defined as production entities that are funded outside of the established system of major U.S. film and television studios.

Members of the IFTA have been responsible for several well-known films, including “Juno,” “Crash,” “Lord of the Rings” and “Million Dollar Baby,” among others.

To view Prewitt’s complete statement, click here.

[by: Joanne Cachapero] via [Xbiz.com]

The government filed its request for an en banc rehearing in January, arguing that the 6th Circuit panel had erred in its reading of the statute.

“Construing the age verification and recordkeeping provisions to apply to private couples who create explicit images of themselves for personal use in their own homes, the panel invalidated the act on the ground that it is so over-inclusive that it can no longer constitutionally be applied even to producers of commercial images for the pornography industry,” the Justice Dept. stated in its January petition.

Free Speech Coalition Chairman Jeffrey Douglas told XBIZ that the court’s decision to grant the rehearing was “disappointing, but by no means surprising.”

“Any time a federal statute is struck down, there is a tendency for the court to want to hear the issue en banc,” Douglas said. “The reasoning of the panel majority was excellent, however, and I’m reasonably optimistic that it will stand.”

Adult industry attorney Larry Walters was less optimistic about the prospects of the panel’s decision being upheld, however.

“The granting of rehearing en banc does not bode well for the viability of the decision under review,” Walters said. “I suspect that one or more judges voted to rehear the case in order to change the decision and ultimately uphold section 2257. It all depends on how many other judges go along with that approach, however. Only time will tell.”

[Q Boyer] via [Xbiz.com]

After great anticipation we are proud to present the relaunch of RhinoPays. Back with a bold new look, new sites and improved features and functionalities. We''ve listened to our affiliates and responded to their needs, giving them more tools, a user-friendly layout and new helpful information. The new RhinoPays now offers more flexibility and choice when it comes to promoting our sites. Affiliates can now choose between three affiliate programs; Nats, CCBill or MPA3 (Epoch). We know not every affiliate is the same, so we decided to give them the freedom of choice. All three programs offer a multitude of ad tools and features.

As for new tools, we have added RSS feeds, new slick page peels, tube style clips, many new hosted galleries and movies, new FHG templates, pictures of the day, banner rotators, an easy webmaster referral feature and a newbie section just to name a few. We have also brought much improvement to some of our paysites such as new reality tours for NikkyCassidy.com and Toxxxy.com, and new trailer additions for EverydaySlaves.com. And just in time for the relaunch we have also launched 2 new niche sites; Fellatihoes.com and Preggolicious.com. Fellatihoes.com features hot amateur teens giving POV blowjobs and getting loads of cum in their pretty little faces. Many of these hot chicks give deep throat, gag and swallow cum. Fellatihoes.com is sure to be a success converting amateur, teen, or blowjob traffic and has several hosted movies to promote with. As for Preggolicious.com, the site is the 100% exclusive and official homepage of knocked up Kimmie who strips naked and rubs her big belly and wet pussy. Offering members high quality HD videos, and high-res photos. Many hosted galleries and movies to choose from... guaranteed to be a big converter. Start sending your preggo traffic now!

And it doesn’t stop there... our new Nats program also gives affiliates detailed stats, with the ability to view such statistics as Raw hits, Unique Hits, Joins, Rebills, Credits, Ratios and more, including a payment history and quick stats summary. On top of all this affiliates can accumulate reward points and redeem them for several updated prizes. And look forward to some new additions coming soon, like new ad tools, new paysites, and much more!

Visit RhinoPays!

When Vivid Entertainment Group in mid-December announced that it had filed a lawsuit against Data Conversions Inc., the parent company to PornoTube.com and the Adult Entertainment Broadcast Network (AEBN), alleging copyright infringement, misappropriation and unfair business practices, the adult industry''s initial response to the complaint could be summed up in one word: "wow."

In its press release announcing the lawsuit, Vivid came out swinging, quoting from its complaint to assert that "PornoTube''s infringement causes ''great and irreparable injury that cannot fully be compensated or measured in money,''" and stating that the company has asked the court for a "permanent injunction to bar future infringement and damages of at least $4.5 million."

A copyright lawsuit involving two heavyweights like Vivid and AEBN is cause enough for the industry at large to take note — but this is no mere copyright infringement lawsuit.

In addition to claims that Data Conversions has, via PornoTube, has "used technological advancements to willfully infringe copyrights" belonging to Vivid, the complaint asserts that the defendant also has engaged in unfair business practices under California''s Business and Professions Code, because the company does not comply with 18 U.S.C 2257 with respect to materials distributed via PornoTube.com.

"Defendants have engaged in, and are engaging in, fraudulent, unfair and unlawful conduct including, but not limited to, the failure to label and/or maintain labels on the sexually explicit materials that defendants'' distribute in interstate and/or foreign commerce in violation of 18 U.S.C. §2257," states paragraph 106 of Vivid''s complaint.

Steven Hirsch, co-chairman of Vivid, laid out the impetus for Vivid''s unfair competition claim in no uncertain terms.

"PornoTube and AEBN have exactly the same responsibility as any other adult content distributor or producer to obey U.S. copyright laws and 2257 regulations," Hirsch said when the lawsuit was first announced. "Vivid spends enormous sums to copyright its content and to comply with the Child Protection and Obscenity Enforcement Act age verification process. PornoTube and AEBN have been getting away with a practice that unlawfully earns it millions of dollars at our expense."

With as much focus as there has been on the potential for 2257 as a industry-smashing wrecking ball in the hands of the U.S. government, Vivid''s lawsuit has introduced a new wrinkle to the 2257 question; the possibility of adult companies using the controversial regulations as a weapon to assault each other.

Attorney Michael Fattorosi of Fattorosi and Chisvin told XBIZ that he thought the lawsuit''s 2257 claim was a "novel, interesting legal attack," and something that had been discussed at a recent industry summit on content piracy as a potential means of combating content theft.

"The notion of using 2257 as a sword against the pirates has been discussed before," Fattorosi said, "but to my knowledge this is the first time it has been done."

Fattorosi noted that unlike the situation in the illegal download actions brought by the Recording Industry Association of America (RIAA) against end-users who may not even have been aware of the laws they were violating, the defendant here is well aware of its responsibilities under the law.

"We don''t have an unsophisticated user here," Fattorosi said. "[PornoTube] is well aware of 2257 and its implications."

What about the limitations to liability extended to some entities under 2257 — the so-called ''ISP exception'' to the law? Could that provide some cover for PornoTube?

Attorney Larry Walters of Weston, Garrou, DeWitt & Walters told XBIZ that his firm is "wrestling with many of the issues raised in this complaint on behalf of a number of clients…it seems half my clients want to open a ''tube'' site, and the other half want to sue one."

The legal waters surrounding the question of if and how tube sites fit into the exemptions provided under the statute are murky at best, according to Walters.

"The legal issues are still unresolved, by and large, and require expert legal advice for anybody considering one of these business operations," Walters said. "The 2257 issues are particularly tricky, since the scope of the exemptions has not been addressed by the courts yet, and guessing wrong could be devastating. Even if the webmaster is not considered a ''producer'' it may still be a ''distributor'' depending on how these terms are construed. Further complicating this issue is the fact that 2257 has been declared unconstitutional by the 6th U.S. Circuit Court of Appeals."

Among the key decisions that any user-posted content site has to make is whether to review user-generated material before or after it is posted, Walters said. As with many tricky legal questions pertaining to the adult industry, the answer to that question is far from clear.

"This can be an interesting Catch-22 from a legal perspective, with no definite answer," Walters said. "In this area, operators must rely on advice of their individual counsel."

Novel though it may be, it is the 2257 claim which makes Vivid''s complaint so controversial in the minds of many observers — and the claim is made all the more interesting by the fact that Vivid is represented in the case by attorney Paul Cambria, who serves on the Free Speech Coalition''s legal team challenging 2257.

If the law is unconstitutional, as the FSC asserts it to be, then why would Cambria part company with that opinion for the purposes of this lawsuit? According to Cambria, there is no contradiction here — just a nuance.

"Is it an inconsistent position? I don''t believe it is; what''s covered in the lawsuit is not what we''re challenging in the FSC case," Cambria told XBIZ. "I still think 2257 is unconstitutional; but until the court says that, we''re stuck with it."

Reed Lee, an attorney with J.D. Obenberger and Associates and another member of the FSC''s legal team that challenged the constitutionality of 2257, found Cambria''s argument less than persuasive.

"That [lawsuit] claim necessarily asserts the validity of the disclosure requirements of 2257," Lee said. "I don''t think that claim is valid if 2257 is unconstitutional, and I definitely believe 2257 is unconstitutional."

According to Lee, Vivid''s lawsuit raises the very real possibility that the FSC will find itself filing briefs in support of a party being sued by a member of the coalition''s own 2257 litigation team.

"If [PornoTube] defends against that claim by asserting that 2257 is unconstitutional, I think it is very likely the FSC will support that position with an amicus curiae brief," Lee said.

So, is the 2257 "sword" — as Fattorosi put it — a two-edged blade? Lee''s colleague JD Obenberger answered that question with a resounding "yes."

"Frankly, this claim is fucking dangerous," Obenberger told XBIZ. "Do we really want to have a situation wherein webmasters are suing each other right and left over ''unfair competition'' based on alleged violations of 2257? It will cause widespread dispute, tension and internecine conflict the likes of which the industry has never seen."

Obenberger said he believes that Vivid may originally have planned to include more 2257-related claims in the lawsuit, or to allege more violations of 2257 within its unfair competition claim — a belief based on the presence of a single-word clue in paragraph 106 of the complaint.

"Paragraph 106 has an interesting fingerprint in it," Obenberger said. "It mentions a ''failure to label and/or maintain labels'' — well, there''s no legal obligation to ''maintain'' a label. The fact that the word ''maintain'' is in paragraph 106 in my opinion is a clue that Cambria''s office was looking at going after [PornoTube] for all sorts of violations, but they pulled back and went with just the labeling."

Obenberger further speculated that the reason the plaintiff "pulled back" was because they didn''t want to open up a discussion of how major studios that license content to online distributors go about providing — or perhaps not providing — the identification documents that the content licensees are required to have on file under the law.

Limiting the 2257 claim to the question of the law''s labeling provisions may not have ameliorated what Obenberger referred to as the "glass house syndrome;" by introducing 2257 into the lawsuit, Vivid''s own compliance efforts and 2257 protocols could become the focus of the ''court of industry opinion,'' so to speak, if not the court of law.

"They may have crossed that threshold already by bringing the labeling provision into it," Obenberger said.

The controversial 2257- based claim aside, many in the industry are likely to celebrate Vivid''s effort to protect its intellectual property — in no small part because sites like PornoTube are seen by many as little more than a free market for stolen goods.

Attorney Rob Apgood told XBIZ that while he had only briefly scanned through the complaint and concurred with other observers that the 2257 claim could be problematic, he supported the idea of companies litigating to protect their intellectual property.

"I''m glad to see people continuing to enforce their copyrights," attorney Rob Apgood told XBIZ. "I think it''s a good thing, because there has been a lot of abuse, and it needs to stop."

Fattorosi said that copyright infringement claims are very likely to become more common as an instrument to shut down content pirates — and as a potent negotiating tactic.

"When people are seeing declining revenues and lost income, they think ''how do we put the brakes on here?'' — and lawsuits are one way to apply the brakes," Fattorsi said.

In other cases, it may be less about applying the brakes and more about ensuring that the proper copyright holder gets a taste of the revenue generated by the alleged offenders'' violation of copyright.

"It''s about time that people realize that intellectual property must be protected, but protected within the confines of doing good business," Fattorosi said. "Maybe instead of suing, you create some content specifically to give away, and then you let the tube sites run wild with that, and you benefit from the traffic that they generate — some means of deriving satisfaction without litigating the issue."

Fattorosi said it''s possible that such an arrangement may be in the future for Vivid and PornoTube, as unlikely as that possibility may seem at the moment.

"I wouldn''t be too surprised to if a business deal of some kind comes out of this [lawsuit]," Fattorosi said. "If you''re PornoTube, maybe you say ''do you want to do business with us, or do you want to sue and make the lawyers rich?''"

In looking at Vivid''s lawsuit and the underlying issue of the impact of technology on intellectual property, Lee told XBIZ that it is important to consider the historical context of technology and copyright issues.

"This happened when the phonograph came in, and everybody was convinced that the phonograph would kill the market for live musical performances, and it happened when motion pictures came along, and then the thinking was that motion pictures would kill live theater," Lee said. "This is just another iteration of that same progression; it''s painful for a lot of the people involved, and some of them will not survive, but others will adjust and they will continue to make money and prosper."

Lee said that he believes the answer to the dilemma facing the industry lies not in litigation, but in innovation. What the Internet industry needs — adult and mainstream alike — is "intellectual property law that updates with new technology, and that gives producers a way to protect their intellectual property while still allowing the development of these technologies."

Some of the most controversial (and in some quarters, reviled) Internet-related developments, like peer-to-peer sharing software, bit-torrents and tube sites, have created a benefit to the adult entertainment industry that few observers have talked about, Lee said.

"For the industry, the benefit is that these technologies lend to the increased mainstreaming of adult content," Lee said. "In the old days, if an adult consumer wanted to watch an adult movie, they had to trek to these dingy little porn theaters, or dingy little adult video shops, and the stigma of shame was palpable. That began to change with the VHS and home video, and has continued through to the modern Internet technologies. When people can consume these materials in the privacy of their home, it necessarily feels more comfortable, more normal and more acceptable."

This was the primary benefit of the Internet itself to the industry, Lee said, and the new online distribution platforms have only increased the scope of online distribution — and the overall size of the market for adult content, as well.

The question is not whether the new technologies can be harnessed by adult producers and used to improve, instead of undermine, adult producers'' profits, the question is how to do so. With all the technical and creative talent working in the adult industry today, and in the online sector of the industry in particular, Lee said he''s optimistic that solutions will be developed that will allow adult companies to take advantage of new online distribution platforms —instead of resenting them.

If litigation comes to be seen as the best (or only) option, we can expect to see more and more in-fighting between adult industry players. Vivid itself has indicated that the PornoTube lawsuit may be just the beginning of an aggressive legal approach; in December, Hirsch told the Los Angeles Daily Journal that the company had "decided to take a stand and say ''no more,''" adding "we will go after all the free sites."

Among other things, Vivid''s lawsuit underscores the urgency for a technological solution to the intellectual property challenge to be crafted. Money is being lost by producers, and the industry''s collective patience with content piracy is only wearing thinner.

"People whose heads are good in that direction need to get to work on this," Lee said.

Via [Xbiz]