Fratmen’s Cease And Desist Notice To The Sword

By now you’ve already seen the images showing The Real World’s Dustin Zito having oral and anal gay sex on and, where he performed under the name Spencer. If you haven’t, too late! I had to pull them. Here’s why.

Even though I’ve removed the images from this post, I still believe they’re protected under the fair use exception to U.S copyright law. If TheSword’s legal department agrees with me (they’re reviewing the images and the article), I’ll gladly re-post the images. But for now, I have no choice but to comply with the notice. Right click and open the DMCA on the left for full view.

Earlier today, I spoke with Fratmen’s owner, John Marsh, who told me the majority of the images were screen-capped from live shows that only a select number of people saw. Marsh also said that he has the credit card information for every one of the members who watched the “Spencer & David” live show (which included Spencer bottoming), which I interpreted to mean that whoever originally screen-capped the show will face some sort of legal action? Live shows, as Marsh explained, are not allowed to be recorded or distributed, per the Fratpad member agreement. Again, that specific show (Spencer & David) and its screencaps seem to be the biggest point of contention for Marsh.

Before we hung up, Marsh told me that “the whole story” as to why these images are being pulled will come out “soon.” I pressed him further, repeatedly asking him why, when these images have been everywhere for years, this is an issue now? He refused to comment, but repeated the word again: “Soon.”


19 thoughts on “Fratmen’s Cease And Desist Notice To The Sword”

    1. I agree, I have never bought a video tape or dvd with porn on it in my 25 years of watching it. I have rented a lot of video tapes in the past, copying my favorite scenes. I also have never rented a dvd. I get all my porn from the internet. On occasion I will sign up for a trial membership to a site only with witch I can download from. So its interesting to me why I read this blog because I have never heard of most of these performer’s before coming across t5his site about a month ago.

  1. They should read title 17 of the united states code chapter 1 where it says that copyright does not cover republishing of images for the use of discussion or commentary of the work. Fair use would apply fuck fratmen! The DMCA or copyright law cannot block the freedom of the press. Piss on viacom!

  2. Well I for one will not be patronizing Fratmans sites ever again this is petty and pathetic of them. If they think they are helping MTV keep a secret about the cast member having been in gay porn they are wrong. Cease and Desist over screen captures? That tells me Marsh is not a person I would like to do business with.

  3. As the owner of a legal tube-site, I’ve dealt with Fratmen/Fratpad before. Hands down, these sites (and their affiliate program) are the bottom of the barrel when it comes to ethics. I happily stopped promoting them year ago, based on a history of poor decisions made by the owner. Here’s a run-down of some of those decisions:

    – When former models left and tried to start up their own site, John Marsh threatened to sue. Marsh claimed they were stealing intellectual property by using a “frat” theme. (Note to Marsh: If that argument held any water, the owners of Dude Dorm would have sued you first.)
    – When a former model ended up in Playgirl, Marsh allegedly made comments alluding that the model was into beastiality.
    – To promote the change of “cast” at Fratpad, they staged a home invasion during a live broadcast. The camera was knocked over, a struggle was heard, and then the broadcast was cut off for several days. (That’s when I stopped promoting these sites. In my opinion, violence, even staged, should never be used to sell porn.)
    – When former Fratmen models and college wrestlers were “outed” (in the sense of jacking off on camera) and penalized by the NCAA, Marsh did a horrible job of managing the fallout.
    – Marsh reportedly made a deal to have one of the wrestlers return to the site to do live shows. When the guy backed out (or perhaps there never was a deal?), Marsh refused to refund the memberships of people who signed up specially to see the guy.

    Now, we have Spencer-Gate.

  4. I couldn’t care less about “Real World” and “Dustin Zito”. If MTV has dreams of him becoming their new Situation or Snooki, fat chance as even Huffington Post had a piece he’s done gay porn. Cat is out of the bag. If he were to become even half as famous as those two, everything would make it out to every web site again in 5 minutes.

  5. He’s insinuating that “whoever originally screen-capped the show will face some sort of legal action” but I’m sure the fact he knows the identities of the limited number of people who watched it only means he can narrow it down to saying ONE of those people took the screengrab, not WHICH of those people.

  6. Sorry, but the pictures posted on The Sword were saved long ago. I know of numerous sites where they’re in heavy rotation so the cat’s already out of the bag. Too bad, huh?

  7. Zach, Marsh is a lier if he uses CCBill which is on Fratmen TV or there is now way in HELL he has anyones Credit Card info. And Marsh would be the LAST person (or any porn producer) you would want to hand over CC info to in any case.

    That is WHY the industry uses third party billing! WE DONT TRUST them.

    Because they LIE.

    Fair Use covers you and anyone doing a story.

  8. BTW, these live shows are $80.00 a pop. But you first have to be a member (another $25.00) to to purchase a “live” show. Damn!

    1. Well, you must be a fool to pay that much money for no action videos that you can download for free cause that’s a whole 3 months worth of clothes at H&M or 21men.

  9. Zach you may want to get in contact with Joe Jervis at the Joe My God blog. The owner tried something similar on him when the Nebraska wrestler jerk off video scandal happened a few years ago.

    1. And then they complain because their shit gets illigally downloaded.Your data and private information are safer in the hands of anonymous uploaders then in the hands of the company you choose to support with whome you sign a contract.Yes support because if I have the choice to download the same stuff for free but I willingly keep on paying your studio anyway,it’s a form of supporting it,and this is the reward.

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