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X-Art is the Biggest Filer of Copyright Suits

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JORMBO

Darkness no more
There has to be a point where suit filing has to cost more than what they can recover.

Filing the case cost them $300. When they first started doing these they would lump a bunch of people who allegedly downloaded the movie all together on one case. When I got my case it when "John Doe 1-21". Their reasoning on lumping everyone together was everyone worked together through bit torrent to share the file, so they should be able to be sued on the same $300 case.

They don't really want to take it to court though. In those cases they would get a $3.5k settlement out of half the people just by sending harassing phone calls every week. For a year in a half I got calls each week saying they were ready to sue me in court unless I gave them $3.5k to settle. I ignored it since I was not guilty and eventually half the people on my case ended up settling, then they closed it and moved on. They paid $300 to file the case and made $30k by just making phone calls.

Eventually judges wised up on the mass John Doe cases and started forcing them to sue individual users. I would imagine the game is still the same, but they now ask for more money to settle. They don't want to actually go to court.
 

s_mirage

Member
First, I'm not really sure people would like what they'd end up paying if they paid per scene. I've seen a site or two try it, and the low end is usually about $2 per scene, with the high end getting up to $10-40 per scene (look at Clips4Sale if you don't believe me on that).

You're missing part of my point. I'm not saying that a pay per scene option is necessarily cheaper overall if you are a heavy consumer, but it is more palatable psychologically and does gain you new customers who would likely make regular but small purchases if given the chance but are currently scared off by large monthly commitments. Take dlc as an example. Plenty of people spend small amounts of money on things like costumes, which actually adds up to a significant amount over time. Now, if instead of that, all content was included in the main game but games cost $100+, what do you think the reaction would be? A smaller customer base as many would not be prepared to pay that as a lump sum, perhaps? Anyway, there wouldn't be anything stopping them from retaining the subscription option in addition to per-scene purchase.

Second, they do know what customers like best. It's just that it isn't what you think it is. And, even more to the point, the type of scene that the customers who actually pay for porn like isn't really the same as the type of scene that a general internet porn browser likes, and they're more likely to make the type of scenes that the paying customers actually like.

So they're retaining all their customers and aren't serving an ever dwindling base? Nowhere in the OP's article does it claim that they've been able to arrest the fall in active subscribers. In fact it makes it sound as if they're making a significant chunk of change now from trolling for damages rather than just selling their product. Furthermore, I never made any claims to know what their customers want to see in terms of scenes, so how you know what I think is a mystery to me. I'll stick with my original point though: being able to judge the success of productions through direct sales figures would be beneficial in tailoring products to the tastes of customers as well as identifying niches that might be worthy of exploration.
 

jadedm17

Member
That was an interesting read.

In 2013, the Fields purchased a sixteen-million-dollar coastal mansion in Malibu
In that case, the defendant, Leo Pelizzo, claimed that he had been in Venezuela at the time of the alleged theft, and that the residents of his building share a pool of I.P. addresses. Lipscomb offered to dismiss the suit, but the defendant’s attorneys had already billed more than seventeen thousand dollars, so Pelizzo wanted recompense. When he would not walk away, Lipscomb sent an e-mail to his lawyer threatening to take the case to trial, where Pelizzo would “lose everything he owns.”
One federal judge has compared its lawsuits to an “extortion scheme” writing that many defendants, whether they committed copyright infringement or not, would rather settle than face the costs and potential embarrassment of fighting their cases. It is hard to see why anyone facing such a suit would choose not to settle: hiring a lawyer costs more than settling

This is a bunch of asshole bullshit.
 
You're missing part of my point. I'm not saying that a pay per scene option is necessarily cheaper overall if you are a heavy consumer, but it is more palatable psychologically and does gain you new customers who would likely make regular but small purchases if given the chance but are currently scared off by large monthly commitments. Take dlc as an example. Plenty of people spend small amounts of money on things like costumes, which actually adds up to a significant amount over time. Now, if instead of that, all content was included in the main game but games cost $100+, what do you think the reaction would be? A smaller customer base as many would not be prepared to pay that as a lump sum, perhaps? Anyway, there wouldn't be anything stopping them from retaining the subscription option in addition to per-scene purchase.


You're saying this like no one's thought of it. They have. And some have tried it out. The companies that make their own content might make a couple hundred dollars off of it a month which, while something in theory, is almost never the difference between being profitable and not being profitable, or being being barely profitable and being rich. And on top of that, they know it has the capability to lose them customers who are willing to pay for a couple scenes a month as opposed to continuing their membership at $20-30 a month. For subscription companies, the numbers just don't add up most of the time. Now, for sites that don't actually create their own content, it is a viable option, and some are actually doing it right now, though it still isn't setting the world on fire, to be honest.

Edit: And the reason that DLC and in-app purchases do so well is because they're priced low enough to get into the impulse purchase territory. The prices that I just told you about for the few people that do offer to sell scenes by the scene are at the high end of impulse purchase territory, and most of the market is actually well above that territory.


So they're retaining all their customers and aren't serving an ever dwindling base? Nowhere in the OP's article does it claim that they've been able to arrest the fall in active subscribers. In fact it makes it sound as if they're making a significant chunk of change now from trolling for damages rather than just selling their product. Furthermore, I never made any claims to know what their customers want to see in terms of scenes, so how you know what I think is a mystery to me. I'll stick with my original point though: being able to judge the success of productions through direct sales figures would be beneficial in tailoring products to the tastes of customers as well as identifying niches that might be worthy of exploration.

Many sites have internal ratings measures, as well as measures like page views and downloads, to tell them what people are watching. They don't need direct sales data to tell them that. And for the sites that have it, page views/traffic on the non-membership pages can basically tell them what scenes are appealing to people that aren't actually members. In addition to conversion rates (i.e. which scenes, when they are the first scene a person views on the non-membership site, lead to the most members actually joining the site by the end of that session).

And sites aren't losing customers because they don't know which scenes are popular. They're losing customers because there's a much smaller customer base than there was 5-10 years ago, because people nowadays have been conditioned to not be willing to pay for porn period, no matter the quantity or quality of it offered.

And because I need to single this out specifically:

Nowhere in the OP's article does it claim that they've been able to arrest the fall in active subscribers. In fact it makes it sound as if they're making a significant chunk of change now from trolling for damages rather than just selling their product.

The income earned by all the suits represents less than five per cent of Malibu Media’s profits, Lipscomb said.
 
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