Ms Cindi Loftus,
Our request for a written apology from the individual who made accusations that were first distributed through your website www.LukeIsBack.com has expired the length of time in which was clearly
stipulated in the response that Neil submitted (https://www.lukeisback.com/?p=14806) . This has resulted in the Clips4Sale legal team being involved in this matter who has since reviewed all the details.
We have all the necessary evidence (name, email, IP, physical address) of who is responsible for these accusations and would like to inform you that they have never been a programmer for Clips4Sale.com. They had studios with Clips4Sale.com which were closed due to numerous reasons including piracy of content so it is obvious that this individual submitted these accusations in retaliation.
We are offering this individual whom we have tracked down, one last opportunity to respond and admit that his accusations were fraudulent within a 48hr period or be faced with a lawsuit for slander & defamation of character against Clips4Sale.
Being that you took it upon yourself to distribute such fraudulent information on a public website as well as neglected to communicate with Neil on multiple occasions we have been informed by our legal team to request a written apology from you as your distribution of fraudulent information without first consulting Clips4Sale.com has made you an accomplice to defamation of character.
Your written apology must contain the following statements
• That you never contacted Clips4Sale.com directly for a response to the accusations before announcing it to the public
• That your source for the information distributed was not only unreliable but dishonest but you distributed the information for personal gratification and gain knowing that the topic would draw attention and potentially increase your websites traffic.
• That your website is not a news resource but purely a gossip column that holds no truth to most of its publications and how a real resource would have followed up with the accusing company to get a comment like Xbiz or AVN would have.
• That you are sincerely sorry for attempting to tarnish the Clips4Sale.com company name & reputation as well as causing havoc for our studios, creating such a mess that it has consumed the time of numerous employees comforting the studios with concerns due to these accusations. The time spent calming studios about these accusations has cost money and man power which would have been better spent actually assisting studios with technical issues instead of dealing with the hysteria in which you have caused by wrongfully distributing the story you were submitted without any evidence.
This written apology is to be submitted to Neil directly via email at neil@clips4sale.com and you are to copy jo@clips4sale.com . It is also to be submitted on the initial blog post (https://www.lukeisback.com/?p=14806 ) as well as placed back on the front page of LukeIsBack.com for all to see.
We are also requesting information in which you have for this individual such as but not limited to the following so that it can be used as verification with our recorded findings:
• Name provided to your site upon registration, be it fraudulent or a handle/nick name
• The email address in which they have registered themselves with to your website
• The IP address in which their submissions are traced back to
Failure to provide the above information will result in a subpoena being issued to you.
You will also be required to sign a document drafted by our legal team to agree to the terms that no further defamation against Clips4Sale.com will be distributed for a term of 20 years or you will be faced with the consequences which will be outlined in the document which will be submitted to you after the public apology.
If you do follow through with the requested apology statement(s) then there will be no further repercussions but you have 48hrs from the time in which this email is submitted to you to respond verifying that this has been received. At which time you will be given a further 7 days to submit your apology.
This email has a “request read receipt” attached to it so that we are notified once it has been opened & will know the exact time in which to start the clock on your response.
It is advised for you to cooperate with this request as your negligence will not be tolerated.
www.Clips4Sale.com
NL- I would like to do as you have asked to the best of my ability, but I will need the name & contact information of your lawyer to respond to your requests. Once I hear from a verifiable attorney, I will answer you. If you don’t want to go through your "legal" department, just have Neil email me and we can handle this like adults without going thru third parties.
Good luck trying to prove malice on LIB’s part in this, when the piece was printed it was printed as solely the opinion of the accuser.
Also if CFS has tracked down the person themselves , why do they need this information from LIB?
Who’s the asshole who wrote this idiotic, obnoxious crap, punk missive? is it Neil? I’m not surprised he didn’t leave a name. It is claimed above that Cindi is guilty of “attempting to tarnish” the rep of Clips4sale and “That your source for the information distributed was not only unreliable but dishonest but you distributed the information for personal gratification and gain.” Dishonest? Personal gratification?? I doubt more than one person came up with this write up, thus “our” and “we” is disingenuous (reminds me of a former friend I used to know).
I checked the original post and Cindi wrote:
NL-I’d like to hear from people who have a store at Clips 4 Sale, Have your sales gone way down as the person below states? I’d like to hear from Neil at Clips 4 Sale to let me know his point of view on the below email. I’d also like to hear from other current or previous workers at C4S. Drop me an email Cindi @ lukeisback . com . This must be considered an opinion only at this point.
One day when this world ends in an atomic war all that will be left will be lawyers and cockroaches. Oh wait thats the same thing…
IM sorry but I dont see any court upholding such stupid “demands”. It is one thing for them to want their side published with the original but to demand Cindi sign some statement and some of their stipulations are self ritious *sp* and just not right.
I am SHOCKED at this really and the money they would spend on pursuing this. I also find it so funny for such a “gossip site” to spark such panic that they spend so many man hours calming people down. Surely people are smart enough to know “gossip” from “reality”.
Really, what a load of gibberish.
A reputable company would have hired an actual lawyer to handle this kind of communication.
How fly-by-night is Clips4Sale?
You’re not going to hand over the IP number & email address are you? No one will ever trust you again with any news and sources. Because you ran the story means it’s now your responsibility and whatever happens lies with you. You decided to run the story and now have to life with it.
But about the lawsuit, he’s bluffing. If he was going to sue you, his lawyers would have contacted you by now. I deal with the same shit more often than you ever have. I usually tell them to contact WordPress if they have a problem. The lawyer would have contacted you by now. What he’s doing here is just a scare tactic. Ignore it.
That Washington state blogger who was sued in New Jersey, I read a bit into it and how what mainly brought her down was she went outside her blog to say what she did. She went on someone else’s forum to say what she did. I read on a few sites how if she had stayed on her own blog saying what she did, she can claim the shield law. It’s different in many states but bloggers have rights too. Despite what he thinks of LIB being a gossip site, it is technically a news site.
You didn’t have any malice and were trying to inform the public. Stick a very visible disclaimer page on here like how I do on both my blogs. Many have told me to not worry because my disclaimer & copyright infringement will protect me for the most part. One started laughing saying what am I worried about after he saw I had both my disclaimer & copyright infringement pages. I’ve also been told that because I wholeheartedly believe everything I write to be 100% true, that it will protect me legally. But I also know my limits. People who know what they’re talking about told me this.
But my case and your case might be two different things. What gets me in trouble is usually my opinion. You posted what someone else sent in to you. Don’t give in to scare tactics, NEVER hand over ANY information about your sources, and ignore it.
‘Accusations that were first distributed through your website LukeIsBack.’
The report on Clips4Sales was not first posted on LukeIsBack, it was first posted on PornStarPerformance on December 3rd, and then posted on LukeIsBack the following day on December 4th. The original post is still up at PornStarPerformance. Whoever at Clips4Sales that makes these legal threats must do his/her homework first.
ERASEND says- Saw recent article. I hope don’t plan on executing it without guarantees. What they are asking for would in effect provide them …evidence of defamation. Also a lawyer wouldn’t do what they describe. “Legal team” my rearend.
Also, isn’t there implications of giving up sources involved here? Are the guys that wrote the letter retarded or something?
Anon- Someone on twitter just called this a letter from Clips 4 Sales legal team, doesn’t that have to contain a lawyer? A lawyer never saw this letter I can tell you that for certain.
There seems to be a unanimous opinion that this unprofessional, goonish letter only makes clips4sale look bad/worse, and the public accusations more believable.
Interesting…
I know a bit about the law, and I can tell you that no lawyer (at least any lawyer worth his retainer) wrote this letter. Nothing in this letter, or in your posting meets the standard of a defamation claim.
… Of course, this is America. One thing that I have learned over the years is anyone can sue anyone else over anything. Doesn’t mean that they will win, however.
Ha! In fact, as I read it further, I find that I am getting quite a laugh out of this. I have never practiced law in California, nor had I done any defamation case, but good grief! That is one of the most amateurish C & D letter I have ever read! Doesn’t cite any authority, or show how you are liable. Makes unsubstantiated claims, asks for concession that no court would allow… Funny! 🙂
If Mr. Clips needs some better legal advice he can contact my half native american, half asian friend. She’s a prosecutor named Sioux Yu. But if you’re in need of a good defense attorney and you’re nice to her she can also specialize in getting you off.
These people at Clips4sale are delusional…nuff said…
I’m telling you, Neil and his mother and father are really great people. I agree this letter wasn’t the best move that has been made on their part but I have known them for years and they are great people that do many things for people in this industry.
I have had a clips4sale store since 2006 and never once have I had issues with my store. They are very strict on stolen content and have scripts that detect multiple posts of the same video not just by name but by length and bandwidth to try and prevent content theft.
I will vouch for them which to some of you assholes means nothing but I am putting myself out there for my friends who are honest good people.
And the comment that they are fly by night…do some research and see who is the biggest clip store out there. they’ve been around a long time and will continue to be around for years to come.
I’m guessing impersonating a lawyer is against the law or some professional regulation in that guys state.
I’m guessing he’ll drop his issues with you now that he’s made a fool of himself. If not.. I’m pretty sure the Department of Professional Regulation in his state would love to hear he’s practicing without a license.
I just checked my states DPR and lawyer/attorney isn’t listed as a regulated profession but there must be some agency that does.
I don’t think any serious attorney would send such a note by e-mail or without stating an attorneys name and contact info. They usually demand that info they want be sent to them rather than their client.
honey – tell the folks at clips4sale to blow it out of their collective asses…
tell em to shove it up their asses….seems like an awfully defensive post by them hehe
Who’s managing PR over there, they go from putting out false pr’s about celebs being on their site to now this? Sounds like their business model is going down the fallopian tubes.
This company is a joke anyway, just look at their mickey mouse site, it looks like crap and doesn’t have any professional feel to it. It’s just a mass list of crap links!.
hahahah after the letter they sent out, they better rename to clips4-acquisition but I doubt anyone would buy it.
Oh BTW I found yet another PR stunt by c4s here:
http://adultpressbox.com/news/clips4salecom-offers-jets-football-coach-free-booth-at-aee
The NFL doesn’t get involved in questionable outside activities such as porn sites. This post was obviously done by someone at clips4sale cause if you remember a while back they posted something about releasing Anna Nicole’s Diaries and then again with Lindsay Lohan with some balloon popping stunt they wanted to pay her for. These PR’s more and more prove the credibility of c4s and where they are going to be in the future. I wonder if the NFL specifically coach Ryan has anything to say about the PR that was posted about him. Who else would post it??
you guys can say what you want about their site and the design, but that’s part of the appeal to customers. it’s the couple next door shooting porn and posting it online. the site isn’t too fancy and avoids the “corporate porn” look and feel.
This entire fucking thing was started by a guy who had a store that he didn’t update for months and thought he’d shake down someone because he’s a loser. he never worked for them and the entire thing is a fucking joke.
Maxelll
you shouldn’t speak about thing you know nothing about…how many sites have you designed that do 150M+ in sales every year?
really Mike? I bet they do more then that now with all the shaving they do on sales apparently. I would bet this site doesn’t do 150 million a year. If it did why is this guy still living in an apartment with his used up nasty girlfriend???
I heard from many people they shut down stores for no reason. I wonder how many people actually hate this company now…
I have no desire to even visit the site so I don’t care about anything they do. It’s all junk ripoff downloads.
I would love to reply to you comment “why is this guy still living in an apartment with his used up nasty girlfriend?”
first up…last time I saw Neil he was rolling in a brand new Aston Martin. not the cheaper one either. Secondly his wife, not girlfriend, is fucking smoking hot and cool as fuck. You would give a nutt to be able to sniff her panties.
You don’t know what the fuck you are talking about.
And it’s been established that the guy who made the claim lied about EVERYTHING. he never worked for them. He had a store he didn’t update for months so it didn’t make any fucking sales! On the entry page for every studio owner it clear says “be sure to update your store at least once every 30 days”
And the claim that they shut down stores for no reason…hahaha is what that shit is! fucking hilarious. They get shut down for not being updated as required, or using stolen content or misleading descriptions or more.
The only people who could possibly hate this company are people who don’t do what is required or make shitty content that doesn’t sell.
Go to fetishcon sometime….the entire hotel is filled with people shooting content and 90% it is for clips4sale stores because it makes money.
Have some fucking facts before you slander someone you fucking asshole.
Mariah, you have no credibility in here, nobody knows if you really know these people or not and they don’t care. Your site is junk too.
An Ashtin Martin sucks and gets bad gas millage. I’d rather be driving around in a new vette. As for Neil’s wife or girlfriend, I’ve seen her before and she is nasty. Neil is not the high roller everyone thinks. Matter of fact how many years has c4s been running and they still do shitty on traffic to their main page what does that tell you.
If you have update your stores to make money on a site that gets good traffic in order to make money then something is wrong. If your store is closed because you don’t update it and money is taken then that is just bad business.
I happen to know many people that hate this company personally and they all can’t be wrong. So shove it up your ass and go fuck Neil if you like him so much.
BTW his traffic has been going down this past year if you bother to check it you’ll see the business model is losing ground.
Anyone promoting c4s can go fuck themselves, and I hope you all lose all your fucking money, then you’ll be back here next year complaining about them!.. lol
I used to have one of the top stores on clips4sale back in the good old days 2005-2006 when there were not so many stores. Made about 10k a month. Now there are like almost 40,000 stores. The site has become so diluted with stores that unless you are in the top 50 – forget making any significant money. Great for Neil — not great for store owners fighting for traffic and sales. But I am also confident that the top stores are making way less than they used to. Not because of any clips4sale skimming, but because of file sharing. This is what will eventually kill clips4sale. Once people know they can get clips for free through file sharing (and more and more do this every day) then why would anyone pay for them? I regularly see many clips4sale store content all over the place. Usually one guy actually pays for the clips then shares them on BBSs to everyone else. It is like whack-a-mole trying to stop it.
As far a Neil personally – I never had any issues with him. I just think he let the growth of clips4sale get outta hand and I would have done things differently to prevent what it has become now – too diluted.
Maxell
Wow how much more ignorant can you possibly get? How do you know if I really know them? I went to New Zealand for a week with Neil’s parents. We all live within a few miles of one another and we met for the first time at Fetishcon in 2005. I started my first store shortly after and have 3 stores. Do you need me to post photos? I will if you wish. And Neil’s wife is fucking hot as hell and you saying that just tells me everything I need to know about you. As for the Aston Marin comments…more ignorance. That’s one of the sexiest cars on the road period. Vette’s are nice…I have one myself but why be such a dick and knock a fucking beautiful car? Tells me you are jealous like a high school bitch.
The reason to update your store is that each time you do it gets your store listed on the front page of the site. I checked my stats for the year and my sale ratio was 1 in 187 for the 3 stores…that’s sale per unique which is pretty fucking good.
I agree that there are too many stores and that free content is killing these types of sites but there is still a big enough market obviously. What business owner doesn’t want growth and dominance in their market?
Everyone’s traffic has gone way down in the last few years retard…tube sites and forums and torrents are killing the business and I would bet my tits that Maxell gets all his music and porn from pirated content sites. Just strikes me as the type.
Peace to you all and happy new year! 🙂
How can you say tube sites are hurting the market when the only people posting on tube sites are the content owners promoting their content through watermarks? Most of the videos you download on tube sites are junk or they aren’t full versions. As for torrent sites I don’t download from them and I don’t steal content like most of these companies do from dvd’s. They simply rip content from DVD’s and use it for their own. This happens on 90 percent of all porn sites. The only sites that are free of that are the girlfriend sites because the girls themselves upload their own content for money.
C4s is a broken model. And who the hell cares about an Ashton Martin. I think it looks like crap. I’d rather drive that vette or buy a new F250 Platinum series loaded or even an Escalade loaded.
Talking about each other’s vehicles is childish. I know a guy that drives an Ashton Martin and also has a new Corvette Convertible and he doesn’t even own a house. Who the hell cares.
Maxell you are very misinformed.
First of all, there are 5 tube sites who’s Alexa scores are under 50. The tube sites are not yet majority from production companies because they upload 3 to 5 minute clips. Go to xnxx or youporn or xvideos or any of those and there are full length videos there offered in HD.
Torrent sites are the next biggest problem and the bulletin boards are a distant 3rd.
You said Neil is living in an apartment not making any money…I called you on the blatant lie by pointing out he is driving a $300k car and that isn’t his only hi-end car…that’s just the latest one I’ve seen him driving. I don’t know his net worth and I don’t care…he and his parents are wonderful people and I just wanted to point out that you don’t know what the fuck you are talking about.
My Vette is a 2007 with a ZR1 package on it and has 21,000 miles black on black with convertible hard top and I love it…great car you can drive every day. The 2011 is awesome too. I wasn’t knocking anyones car…I was pointing out a fact.
I’m building a GTM Supercar, just got my kit last month and I’m already done with the frame. I have a brand new LS9 engine going in it I’ll blow away any car on the steet. hahahahahhah
I’m the only one in my area (100 miles) that has a GTM from factory five racing with this kinda engine in it. I’ll race neil for his pink slip then I’ll put you over my knee and spank you for being such a bitch.
I also urge everyone to go to youtube and type clips4sale in the search and flag every single video they have for “mass advertising”. Why should this scum bag get free traffic from youtube?