Why DMCAs lodged against Findapeach.com are always invalid
Why not? In korte, Findapeach.com never hosts or stores any model images. We hotspot images only.
Why it matters: courts have treated inline linking/embedding differently from storing and serving an image from your own server. The Ninth Circuit’s anaalysis in Perfect 10, Inc. v. Amazon.com, Inc. is commonly cited for the distinction between providing HTML instructions that cause a browser to retrieve an image from a third-party server versus “displaying” a copy hosted by the defendant’s server (the “server test”).1
The current claim will be based on Findapeach.com publishing certain images. This is wrong in fact, and thus the DMCA lodged fails at the very first test. Are we doing what is claimed? No. So the DMCA should be dismissed outright, with prejudice.
To Google:
Google, you’re reading this because a DMCA notice has been submitted against a Findapeach URL, and your systems have been asked to treat that notice as a copyright complaint.
We appreciate the time this process consumes. However, the image-based DMCA notices we receive against Findapeach listings are not supported by the way Findapeach displays images. In practice, the notices routinely mischaracterise either:-
(a) an embedded image that is loaded directly from the original host, or
(b) a Gesponsord placement where the image is embedded with written permission for promotional use.
This page sets out, plainly and with examples, how images appear on Findapeach, why that matters under U.S. copyright anaalysis of inline linking/embedding, and why a notice that kontumes “Findapeach hosted/published this image” is wrong on its face—because Findapeach never hosts or stores any model images.
How Findapeach displays images
Green border: not sponsored, image is embedded from OnlyFans
What it is: This is a standard listing where Findapeach has no promotional contract with the creator. The profile image is not stored on Findapeach servers. Instead, the visitor’s browser loads the image directly from the current host (OnlyFans) via an extern URL.
Why it matters: courts have treated inline linking/embedding differently from storing and serving an image from your own server. The Ninth Circuit’s anaalysis in Perfect 10, Inc. v. Amazon.com, Inc. is commonly cited for the distinction between providing HTML instructions that cause a browser to retrieve an image from a third-party server versus “displaying” a copy hosted by the defendant’s server (the “server test”).1
Yellow border: Gesponsord, image is embedded with written permission
What it is: This is a Gesponsord listing. The creator is paying for promotional placement and has provided written permission authorising promotional use of their images. Gesponsord listings are clearly marked on the card with “Gesponsord”.
How the image is served: The image is embedded from the creator’s authorized source or from our affiliate partner’s CDN at media.onlyfinder.com—never hosted on Findapeach servers—and always with express written permission from the model.
Important note about OnlyFinder affiliate images: When images are hotspotted from media.onlyfinder.com (e.g., https://media.onlyfinder.com/cdn-cgi/image/width=400,quality=80,format=auto/34/34c6d813-20ca-43ed-85b4-d8992a17624e/amberjamesx-onlyfans.webp), not only are we not publishing the image (we’re hotspotting it), but in such cases the models are directly represented by OnlyFinder, who is promoting the model and has written permission to use the image. OnlyFinder provides these images to us, their affiliate, with the permission to use extending to us. So we are not publishing the image, BUT we also have a legal right to use it even if we were.
Example of a sponsored image embedded from our affiliate partner OnlyFinder, with written permission:
Why no DMCA notice against Findapeach is ever valid
Image-based notices filed against Findapeach are fundamentally defective because they rely on a false premise:
- False Premise (All listings): “Findapeach hosted/published this image.” This is categorically untrue. Findapeach never hosts or stores model images on its servers. Every image—whether in a standard listing or a Gesponsord listing—is embedded from extern sources via inline linking. Images are hotspotted from
onlyfans.com,media.onlyfinder.com, or other authorized sources. The notice is konterting “copying/hosting” facts that do not match the technical operation of the page. The Ninth Circuit’s “server test” anaalysis in Perfect 10, Inc. v. Amazon.com, Inc. directly addresses this distinction: providing HTML instructions that cause a browser to retrieve an image from a third-party server is fundamentally different from “displaying” a copy hosted by the defendant’s server.1 - Additional Factor (Yellow border – Gesponsord listings): “Findapeach used the image without permission.” Not only is the image embedded (not hosted), but Gesponsord placements exist only where express written permission has been granted by the model as part of paid promotion. For images hotspotted from
media.onlyfinder.com, OnlyFinder represents the model and has written permission to use the image, which extends to us as their affiliate partner. In such cases, we are not publishing the image (we’re hotspotting it), AND we have a legal right to use it even if we were publishing it.
In both situations, the notice fails on law and fact: it misstates what Findapeach is doing (embedded vs hosted), and in the case of Gesponsord listings, it also omits the existence of explicit permission.
Since Findapeach never hosts or stores any model images, any DMCA notice claiming infringement based on “hosting” or “uploading” images is factually false and legally defective.
DMCA notices require specific attestations, including a good-faith belief that the complained-of use is not authorized by the copyright owner, its agent, or the law, and U.S. law also provides for liability for knowing material misrepresentations of infringement.2
What we ask Google to do
- Recognize the technical reality: Findapeach never hosts or stores model images. All images are embedded via inline linking from extern sources (
onlyfans.com,media.onlyfinder.com, or other creator-authorized sources). Any DMCA notice claiming we “host” or “uploaded” images is factually false. - For green-border listings: these are standard inline links to images hosted on OnlyFans’ servers. The “server test” anaalysis from Perfect 10 v. Amazon applies directly.1
- For yellow-border listings: these are also inline links (never hosted by us) with the additional protection of express written permission from the model for promotional use. For images from
media.onlyfinder.com, OnlyFinder represents the model and extends its written permission to us as its affiliate partner. - If Google requires verification, we can provide the relevant contract confirmation for Gesponsord listings, demonstrate our affiliate relationship with OnlyFinder, and show that all images are loaded from third-party hosts, not from Findapeach servers.