Revenge Porn: YouGotPosted Held in Contempt, Loses Case to Bullyville

While much focus has been on IsAnybodyDown (now known as “ObamaNudes”) and the antics of truth-challenged Craig Brittain, the largest revenge porn site is YouGotPosted (aka “ugotposted”).  This lowly blog receives far more visitors searching for YouGotPosted than for any other revenge porn site, and far more victims of that site contact me than victims of Craig Brittain.

YouGotPosted’s ride, however, is about to come to a crashing halt, as the result of a lawsuit filed by ViaView (parent company of Bullyville).  The site’s remaining operators – Eric Chanson, Kevin Bollaert, Chanson’s parents, and “Blue Mist Media LLC – have been held in contempt by a Federal court in Nevada.  Additionally, the court determined that their violations of court orders merit terminating the case in Bullyville’s favor and requiring payment of Bullyville’s legal fees.

More on the case after the jump.

The complaint (PDF) alleged, among other things, that YouGotPosted was infringing on the “Is Anyone Up?” trademark, which ViaView acquired from Hunter Moore in an effort to end Moore’s revenge porn site.  The operators of YouGotPosted registered several domain names relating to “Is Anyone Up?” and offered to sell them to ViaView at a profit, establishing likely liability for cybersquatting.  ViaView agreed to purchase the domains at a price, but YouGotPosted allegedly reneged on the agreement, allegedly at the behest of owner Eric Chanson’s parents.

In due course, ViaView sought and received a preliminary injunction (PDF) requiring YouGotPosted to cease using the “Is Anyone Up?” trademark, which order YouGotPosted ignored.  This is generally a bad idea.  It’s an even worse idea when one of the defendants starts cooperating with the plaintiff, offering chat transcripts demonstrating that Eric Chanson and Kevin Bollaert were aware of the lawsuit and attempting to establish trademarks of their own.

Having failed to respond to the lawsuit at all (except to eventually and recently stop using the “Is Anyone Up?” trademarks), the Federal court held Chanson, his parents, Bollaert, and their ‘company’ (Blue Mist Media, LLC — which is not a registered corporation, as far as I can tell) in contempt (PDF).  The court determined that the defendants’ knowledge of the injunction coupled with their total failure to respond or abide by the order merited significant sanctions.

The sanctions ordered against YouGotPosted and its proprietors include paying Bullyville’s attorneys fees associated with the contempt order and terminating sanctions.  That means that even if Chanson and friends were to show up to court tomorrow to argue that they have a case (as they very well may have had), they’ll be stuck at the courthouse door.  Accordingly, the clerk has entered a default (PDF) against the remaining defendants.

What does this mean for YouGotPosted and its proprietors?  Under FRCP 55, a clerk first enters a default.  Once the judge signs off on it, it becomes a default judgment.  Per FRCP 55(a)(1), YouGotPosted may be subject to the full extent of damages requested in the Complaint.  Here, ViaView requested $100,000 in damages per infringing domain name — that is, $300,000 – plus other damages.  The cybersquatting claims alone risk statutory damages from $3,000 to $300,000.  If the judge agrees that these damages are in order — which isn’t guaranteed) — Chanson and friends will owe a hefty sum to Bullyville (who is also owed a hefty sum from Hunter Moore).  And when you’re represented by well-known First Amendment attorney Marc Randazza, that’s a pretty penny. 

It’ll be tough for Chanson and friends to pay that sum and the attorneys’ fees.  Earlier this week, I contacted the only advertiser on YouGotPosted.  The advertiser quickly terminated their relationship with the site.  And I have a suspicion that their extortionate “ChangeMyReputation” scheme may also face impending doom.  Oops.

  • Joe Pullen

    Ha ha. Yea Bullyville!!

  • anonymous
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  • Thought-Criminal

    These revenge porn sites are getting sued left and right and LOSING. Doesn’t sound too profitable, does it?

    • Anonymous

      No it’s turning out to backfire on the ones who are doing it. Crime never pays, except for time..,being locked up for it.

  • Bill Ryan

    Hey Adam – it’s Bill. Not sure if you got my msgs but if you have a second – could you drop me a line – had a question about this if you had a second

  • Danielle

    Oh thank GOD this site is going down… it’s ruining my life and lots of others that I know. I even saw a 15 year old girl on there. I reported it and the owners did not care.

    • Peter McLelland

      There’s 000′s of people who have probably saved your pictures, they will most likely re-surface in due course. I wouldn’t be celebrating just yet. Amazing how you know so many people that the site has had an affect on, I know a number of people and none of them have been posted on the site, nor would they take part in things like that. Maybe it was your upbringing, or the community that you had surrounded yourself in that said that you should be taking pictures of yourself nude and doing things to yourself, and that was perfectly ok.

  • Marissa

    So yougotposted is being shut down?

  • http://www.facebook.com/johnny.swift.5264 Johnny Swift

    Who cares about damages when you are judgment proof. Especially when you live in a state that is very protective of judgment-debtors (such as Texas or Florida).

  • yannideep

    i dont see the issue behind all of this….some of the people posted clearly deserve to be posted…how in the hell can you expect to send someone nudes and not expect them to post it or show people if you break up with them….and how is it ruining your life….your the idiot that gave those pics to that person in the first place so you ruined your own life…..and how does bullying get involved in this…this is not bullying….its kids being stupid and trusting in someone not to exploit them and on top of it the guys are being guys and the girls are being whores. if my pics ended up on the net i wouldnt care….nothin to be ashamed of….i dont get these kids now adays….when i was in highschool you swung on someone when they talk down to you….you earn there respect…kids now still have the blanky and the bottle.hell i got vids of me and my girl and ill show the world…..stop living in taboo people its only a body……

    • duffmancantbreath

      Hi Eric, how are you?

    • Catherine Smith

      As a female, I agree with what you’ve said. It is about time people take responsibility for their actions, this includes the teenagers who are taking naked pictures of themselves and sending it around I think it is snapchat or sexting or something.The parents should be made responsible for this, this is obviously a breakdown in social culture. It is very easy to keep blaming other people instead of yourself.

    • anon

      Some ppl dnt send them theyr taken without permission thts like saying if a girl dresses a certain way she deserves to get raped …umm no ….no one deserves nething u dnt kno them personally n ppl make mistakes when theyr young n dumb then they learn ….ur not god so stop judging thts the problem with ppl now days

      • God

        Well I am god an I think nasty whores who spread there filthy pussys and send them out to 6 different guys got what they deserved from yougotposted

  • Mary

    Excellent

  • Mary

    Excellent!

  • Anonymous

    My pictures to my husband were stolen and posted on you’ve got posted. I never posted them online they also posted several places on the web with my phone name and address as a distraction so that I would not know it was them. But I’m reading that the crime signatures of Kevin and Eric are ruining peoples reputation with their names so that you can go to their company and have them clean it up for you and pay a nice fee, 5000 would have been mine. It’s criminal to ruin innocent people’s lives, just to make a few dollars.

    • Anonymous

      After posting my pictures , they even signed in as me and began saying weird things, but it was very obvious, it was all a set up for me to pay them cash to take down the pictures. Only, it is so illegal to steal pictures, copyright infringement , and impersonate someone, it was more threatening to their site to keep them up. They came down, I’m sure because they knew I’d never pay them . I’d rather have them get caught . But the evidence is removed so I have nothing as evidence anymore.

      • Jacqui

        In the first person’s comment, I understand that pictures had been stolen and her husband didn’t pass it on to his friends etc… The unfortunate thing for you is that although you didn’t pay, there are another thousand copies on peoples hard-drives etc… it will only be a matter of time before they are back on the internet. Once the pictures are out there, there is nothing that you can do to stop it.

    • Cheddar Rowins

      Bitch you should never took the pics. Life moves on.

    • Michael

      yes, they steal these pictures, and this is the way they make money. Its just wrong.

  • Tarlini

    The people behind YouGotPosted are pure evil psychopaths.It’s bad enough that they allow photos to be posted without the consent of the victims. But the fact that they post the NAMES of the individuals in the photos! Such callous, cold-hearted, dispicable worms that deserve nothing but the harshest punishment.

    I’m surprised that in USA victims have to rely on copyright infringement to get justice.

    There needs to be a harsh federal law that makes it a felony to upload x-rated images of individuals without their written consent.This would solve the problem.

    I don’t want to hear any BS about the First Amendment. Our founding fathers had a lot more class than that.

    • Catherine Smith

      I actually enjoy looking at the nudes in the revenge porn sites especially ugotposted. There are a number of sites that claim to be posting pictures of peoples girlfirends/boyfriends, amongst the hundreds of posts there are some which you can believe are real and the rest are all amature/professional etc… but tying the facebook profile to the nude pictures makes that much more real that you end up enjoying the pictures.

      The fact of the matter is that if you are a person who has taken nude pictures of yourself and have given it to someone else, maybe in a moment of lust or whatever, whether a site like ugotposted exists or not the individual(s) who you have given those pictures to can post those pictures anywhere on the internet. I don’t believe that the site offers any sort of payment for the pictures, only the ability to post the images on the site. Which a number of other sites, not associated to porn or revenge porn, will allow you to do as well.

      The individuals, and it is quite easy to name the individuals, need to really look at themselves and rather than blame others (which is the easiest thing to do).

      • Cheddar Rowins

        [Link removed by admin] you can still look at them there.

        • http://www.adamsteinbaugh.com Adam Steinbaugh

          You’re seriously posting links to archives of a revenge porn site (one accused of hosting child pornography) from what appears to be your employer’s network?

          I suspect Universal Companies would find your use of your work time to spread revenge porn is inconsistent with its mission of improving the family unit and educational prospects of children in urban America.

      • Cheddar Rowins

        sad day.

        • AdamSteinbaugh

          You do realize that you’re posting this from what appears to be your employer’s network, right?

    • bob

      Oh waah. Someone said it already. No need for these sluts to take these pictures let alone to share them with anyone they can’t trust. Your failures in life come back to you.

    • Tarlini is a fuckass

      its called freedom of speech. freedom of the press. Our founding fathers had more class? they fucked their own slaves you naive jackass. I guess the easterbunny is real huh? next time you have a thought you should probably go forget it.

  • Mark Strange Love

    The solution to this? Stop taking pictures of yourself in the mirror. prior to digital photography, 99.9 percent of the population doing this now would never have taken taken photographs like this as back then the lab workers made copies. Even Hustler used to print these photos.

  • Chedda Rozay Rowens

    I always looked forward to seeing dem hoes posted n spittin my my flow fo u niggas. I gots so many Facebook friends over dis shit. I hope dis shit gets back up online. G’s up hoes down holla at a nigga . Chedda Rozay Rowens out!!!

    • Cheddar Rowins

      No what fuck you always talking Ebonics my nig stfu or put the piece to your dome and holla at your self.

  • Steven

    Bullyville did the right thing these ugotposted owners are pure scumbags!

  • http://dan.tobias.name/ dtobias

    The result was this way apparently only because the defendant failed to respond; otherwise, they had a very good case to defeat the claim on the grounds that the plaintiff was not using “Is Anyone Up” in any sort of trademark use for goods or services; it is merely a domain redirecting to their own differently-named site, and they explicitly disclaim any connection with the former services of the site of that name which they purchased.

  • Mike Lander

    SHUT THE FUCK UP U YUPPY FUCKS HALF OF U SENT IN NUDES GET OVER THE FACT THAT U GOT POSTED HAHAHAHAHAHA…..

  • Bullies bullying bullies…

    Go Bullyville!!! Bully the bullies by being a bully… Wait… That doesn’t make sense does it…

    You don’t like people to be bullied, so you bully others by being a bigger bully and then using lawsuits as your “power”…

    Bullyville, you are by definiton, a bully… Ironic…

    • Jim Meadows

      And the point slides gracefully over your stupid head.

      • World@Night

        actually it slides over yours because he is correct in his observation.

  • Cheddar Rowins

    I fucking hate dis but dats ok I archived all da girls [link to website likely containing child porn removed] and I’m going to repost on a site coming soon called ugotposted2

    • AdamSteinbaugh

      You do understand that the reason the site keeps getting sued is over allegations of *child pornography*, correct? And that what you’ve just uploaded probably contains *child pornography*, right?

      Best of all, you were dumb enough to use an undisguised IP address when you posted this comment, admitting that you just posted content people are getting sued over and which may contain *child pornography*

      Oh, and I happen to know one of the lawyers who works with the attorney filing these cases. He’s licensed in Pennsylvania, which is conveniently where you live. I think I’ll drop him an email.

      Good luck..

      p.s., I deleted the link to your archive.

      • anonymous

        This makes me so happy! You can email you got posted and they don’t reply. Can someone sue them if they asked them to take down content that they didn’t have the owners permission to post?

    • Rocco

      Thank you Cheddar!! Much appreciated

      • Cheddar Rowins

        you welcome

  • whores all around

    Being a whore comes with consequences. I don’t feel sorry for anyone that was put on the site. And as far as “this site” ruining people’s reputations, everyone already knows if you’re a slut

    • miss cali

      Taking pics for ur husband n someone hacking into them doesnt label u as a whore ur pleasing ur man ….but ppl always are quick to say these girls are all whores over a PICTURE oook

      • Grime

        May if you just blew your man once in a while you would have to send him pics of your saggy knockers

  • Mahi Tuna

    problem is people running these sites would have a fit if it happened to them. Assange has no problem posting private stuff but if someone hacked his emails and other personal information on the net he would have a fit. they are hypocrites. freedom of speech has nothing to do with posting images and information that did not belong to you. find a posted stolen credit card number and use it, if you get caught just say it was freedom of speech, see how that works out for you

    • George

      That was a terrible comparison. Do not ever use a credit card as a comparison to you got posted. If you send me a picture, it is now mine and I will do what I want with it. It’s meant for revenge. Clearly people just want to use it for fun and to be dicks…but that’s how this world is. If you can’t agree, then you’re drunk and you need to go home.

  • George

    If we look at the real problem, why are these girls sending these photos to people? Did they have family problems as they grew up? What if, instead of bullyville focusing entirely on the site, they focus on the reason why the site is staying afloat. I mean, they do have the girls and guys facebook links, amongst other things people post in the comments. So instead of focusing all their attention on the “bully,” focus on the ones that just throw their naked pictures around, or even have naked pictures of themselves. Why would you need to have those?

  • Eat my ass bullyville

    Lol good thing I got a ton of there pics all saved on my comp heh I will be jerking it to those nasty whore cunts until the next site is started in 3 months fucking fags

  • Dana Simmons

    I took naked pics in college & gave them to the man I thought I was going to marry 5 years ago. He posted them on [redacted]; he cheated on me. These sites should be outlawed.

    • http://sociology.ucsc.edu/whorulesamerica/ moleman

      you should be more careful…

  • anonymous000

    Adam do you have an email where I can contact you?

  • Michael

    They hack into facebook accounts to get the pictures, they don’t just copy them off the internet, they steal them from private messages, personal emails, password protected photo sites. They steal wives and husbands pictures to one another, people who have long standing relationships only with one another. This is far from Freedom of Speach, this is online piracy and stalking, violating the free rights of human dignity. They stalk their victims for months sometimes, every day, reading every email, personal conversation, anything they can break into and get. They hack into personal accounts and research where that person lives and works. This is not Freedom of Speach, it is cyber rape, stalking, harassing, intent to harm, and should be convicted as sexual offenses and felonies. It is mean and malicious, It is Violence of every type. These pictures are not Stolen for fun or enjoyment, they are stolen to make money. To bribe their victims and to post on sites that lure men in for money as well. Do you think these pictures stay only on revenge sites? Don’t be naive, they end up on escorting service sites and sex sites that pedaphiles and sexual deviants visit and pay money for phone sex and other things.

  • melinda

    Um I got posted on this site and I’m not even close to being a whore my ex who I dated for nearly 6 years was just bitter over me dumping him this site needed to be shutdown

  • Ash

    I am so glad this has happened. I was completely violated when my private photos to my partner were hacked from my emails and put on this once disgusting website.
    Me and partner are still together and anyone that enjoys this awful entertainment by unwilling participants need to have a look at their pathetic reflection in the mirror.

  • mz reel

    Where’s my fucking chunk?! Do you know what kinda shit we girls went through for an ex being a prick? The ripple effect it caused????? If there’s a class action I want in… Glad it’s gone!!!!!!

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  • Cheddar Rowins

    flip the script and scramble. I keep dat piece by my side browsing the web.