Legal Questions

[Kleoz]

Hello folks,

Not really a newbie in Affiliate marketing but i do have some legal questions that someone might be able to help with . I live and do business in the EU. I see a lot of journeys/posts/methods that include porn tubes , porn re-upload method , several other not exactly legal methods and websites. Isn't this dangerous , i see tons of people doing it everywhere without anyone worrying about the legal aspects of this , like its totally ok. I am not sure if this is the right place to ask but does someone have any insight on how these things work ? I am interested in EU laws because that's where i reside in.

 

[awesomesauce]

Your best bet would be to consult with a lawyer.

Many promotional methods affiliates use aren't exactly legal, but they're spread around like they are. Some people have ethics and some people don't.

 

[Kleoz]

Not many lawyers have experience in this section in my country . Do you have any online resources i can look into ?

 

[Graybeard]

GDPR has some outrageous fines for larger firms -- there are maybe certain exceptions made for smaller businesses.
I worked for a large webcam business that did 80% of its business with the French -- we were a BV and also a NV offshore. Porn (adult over 18) is generally legal content in the EU. Offices in NL, FR and RO.

I am not a licensed attorney so this is only a discussion and not legal advice ... Specifically, what is not legal?

As an affiliate you are not responsible for VAT taxes the actual sellers are -- you are an ecommerce 'agent' (an affiliate).
You are responsible for any income taxes due on your earning demanded by the nation you reside in however ...

 

[Kleoz]

GDPR has some outrageous fines for larger firms -- there are maybe certain exceptions made for smaller businesses.
I worked for a large webcam business that did 80% of its business with the French -- we were a BV and also a NV offshore. Porn (adult over 18) is generally legal content in the EU. Offices in NL, FR and RO.

I am not a licensed attorney so this is only a discussion and not legal advice ... Specifically, what is not legal?

As an affiliate you are not responsible for VAT taxes the actual sellers are -- you are an ecommerce 'agent' (an affiliate).
You are responsible for any income taxes due on your earning demanded by the nation you reside in however ...

Thanks,

any restrictions on the methods which you gain those sales though ? porn re-upload / using copyright media , etc ?

 

[Kleoz]

The uploaded content is not provided by the sponsor but rather found on the internet freely , copied and redistributed. Content is NOT free but rather found free available by other websites. The other websites we don't know how they got it ad why they can have it freely available.

 

[Graybeard]

All the EU countries are signatories to the Berne Convention on Copyright laws.
If you upload content offered to affiliates by the sponsor (affiliate program) they are licensed.

Again, your question is too general

1. who are the parties?
2. is there any licensing?
3. is it authorized content by the counterparty (affiliate program usually)?
4. are there contracts or agreements and what do they say?

Without knowing these things IDK I can only say something generic ...

 

[thelegend]

Well firstly i dont know if its good for your health as you feed your mind with porn .Be careful what videos you steal as some videos are protected but i think its not such a big risk ,just that your account ,site etc will get terminated

 

[TrudeMudeni]

I understand that this is illegal, but many people take advantage of the fact that someone broke the law and posted a video on their site, then others pick it up and post it on their own, it is almost impossible to track the initial course of the one who first duplicated the video on their site, and they use it

 

[Graybeard]

I think direct advertising or distribution of porn is illegal

Not in the free world -- where do you live?

 

[Graybeard]

copied and redistributed.

If it is an exact duplication it's 'probably' copyright infringement -- first to publish creates a claim, one that is not perfected with a copyright filing in a legal venue.

Now, if I scrape content from various sources and rewrite it with AI; have I infringed or has the AI studied what has been said and rehashes its own statements or makes possible conclusions? "Learning" from what other people have said and repeating the ideas?

AFAIK, there have been no court decisions yet. Who created the content? --the AI algorithm.