Many in the adult industry are concerned about the effect that unlawfully operated “tube” websites have on the business and the bottom line of individual studios. While not every site is alike, TwinkStash (the “Website”) has been proactive in fighting content theft and copyright infringement – more so than other tube sites – and has taken several steps to ensure not merely legal compliance, but to go beyond that which is required, in order to show loyalty and proactive assistance to the online adult entertainment community. Rather than a direct competitor, the Website operates as, and continuously aspires to be, a content delivery and marketing component for the broader industry. Our Website seeks to be a responsible and cooperative member of this industry – not a detriment to it.
Rather than giving token concessions to the industry, the Website has evaluated all dimensions of its legal theater and acted to ensure compliance – and protection of content producers – at all angles.
The Website was the first to implement its own fingerprinting technology to inhibit the uploading of infringing content owned by others. This in-house fingerprinting solution is still operating today. The Website was also the first to fully implement Vobileâ€™s MediaWise software, the infringement preemption program created at the impetus of several adult studios and the Free Speech Coalition. Thus, the Website concurrently runs two fingerprinting programs – Vobile and the Websiteâ€™s proprietary program – to prevent and aid in the detection and removal of othersâ€™ content. At this time, no other tube sites are known to offer this this redundant protection to copyright holders.
Although we are based outside North America and not governed by U.S. or Canadian law, we respect the rights of copyright owners and thus have implemented certain policies in an effort to voluntarily comply with anti-infringement laws such as the Digital Millennium Copyright Act (“DMCA”) and the Copyright Modernization Act (“CMA”). We reserve all rights and objections to the extraterritorial application of U.S., Canadian, or any other foreign law to our operations in any capacity. Nonetheless, we believe that protection of copyright ownersâ€™ content can be best achieved by voluntary compliance with laws such as the DMCA. The Websiteâ€™s DMCA agent registration can be accessed here. Compliance with copyright laws, such as the DMCA, is of utmost importance to the Website. As such, the Website has a registered DMCA agent with the U.S. Copyright Office, and is otherwise compliant with the DMCA safe harbor provisions. The Websiteâ€™s DMCA agent registration can be accessed here. The Website acknowledges that registering a DMCA agent is the beginning, rather than the end, of DMCA compliance. As such, the Website undertakes all reasonable effort to timely comply with DMCA take-down notices sent by copyright owners and their authorized agents. If you would like to submit a notification of infringementabout a particular video, click here. The Website voluntarily cooperates with commercial content removal services such as PornGuardian and Takedown Piracy.
In addition, the Website allows its users to submit counter-notifications when their uploaded material has been mistakenly removed pursuant to a valid takedown notice. The Website also sends counter-notifications to the complaining copyright holders or their licensees when takedown notices are sent with respect to licensed content, as opposed to content uploaded by the Websiteâ€™s users. However, the Website specifically reserves the right to pursue its users for damages, costs and legal fees under applicable law, â€“ and advises its users of this of this potential liability if they submit counter-notification without a good faith belief that the removed content was non-infringing, or removed due to misidentification. This discourages fraudulent counter-notifications that serve no purpose but to keep content on the Website that was properly removed upon receiving a takedown notice, and places the cost for such improper behavior onto the individual user and uploader.
Finally, the Website has implemented a robust and comprehensive repeat infringer policy. In an effort to voluntarily comply with copyright laws such as of the DMCA, the Website has adopted a repeat infringer policy and notified its users of the policyâ€™s terms. In fact, a link to the repeat infringer policy can be found on the upload page of the Website.
This repeat infringer policy bans users from the Website if they continue to upload videos that are removed pursuant to valid takedown notices. When a user is banned, he or she may not continue to upload content or re-reregister. Moreover, all of the content uploaded by a user is disabled when that userâ€™s account is deleted â€“ preventing the proliferation of “zombie content”, which may be infringing, and remains on the website after its uploader has been banned.