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 Fratmen.tv and Fratpad.com, 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.”