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Author Topic: Tom Schwabel - copyright equivalent of Nigerian scam  (Read 19283 times)

Matthew Chan

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Re: Tom Schwabel - copyright equivalent of Nigerian scam
« Reply #30 on: August 22, 2014, 01:58:25 AM »
You will prevail in the fact that you will likely not have to pay anything by virtue of the lawsuit process is too expensive for most private photographers to pursue.  But that is the extent of it.

Suit yourself.  I reported him to my state attorney general's office and the BBB.  Hopefully others will listen to my message and not fall prey to his sleazy tactics.  I'm certain I will prevail.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

UnfairlyTargeted

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Re: Tom Schwabel - copyright equivalent of Nigerian scam
« Reply #31 on: August 22, 2014, 02:15:08 AM »
Of course he's seeded the internet.  He's been hacking into pages and planting images to surprise and scare people.  How else does "his" "watermarked" image end up on so many sites???  Occum's razor says he put the images there.  Even if I took down the image, I'd still owe him?  How can that be anything other than extortion?  Look at the crap he spews on his pages about image theft.  This guy is a psychopath and social parasite.  I came here in good faith to expose him and I've been surprised at some of the responses, but I am glad I am starting to get through to people.  And I'm not worried about being sued.  I'm just trying to warn other people of the scam this guy is making a living by doing.

Matthew Chan

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Re: Tom Schwabel - copyright equivalent of Nigerian scam
« Reply #32 on: August 22, 2014, 02:28:22 AM »
We really are not trying to attack you but you are creating conspiracies in your head or just desperately trying to justify your position.

"Hacking" websites is no easy feat for even the most technical person which I consider myself.  There is no photographer able to hack anything. And if he could hack, he would find more efficient ways of profiting because extorting people for money through imagery is tough work with ELI around.

It isn't Occum's razor. I know what that is.  You are delusional and you are helping make ELI history.  IN the six years of existence, we have never encountered anyone like you who so fervently defend and justify your egregious position.

Your best bet is to just call it a day.  They won't likely collect from you and just be content with that.  The other arguments just ain't going to wash.

You have exposed the photographer, his name is listed here.  Thank you for that.  But you will never hear any of us on ELI to say keep using the image. We will always say "TAKE THE FUCKING IMAGE DOWN NOW! not tomorrow or the next day.  You do it immediately and start cleaning up all websites of images you don't own or license. Period end of story. And they need to take it as a learning experience.

I was recently forced to tell someone on an ELI Support Call I never wanted to hear from him again about any infringements on any of his websites. He had crossed the line as far as I was concerned.  If it ever came up again, he would not be welcome on ELI and would not receive any support from us.

Of course he's seeded the internet.  He's been hacking into pages and planting images to surprise and scare people.  How else does "his" "watermarked" image end up on so many sites???  Occum's razor says he put the images there.  Even if I took down the image, I'd still owe him?  How can that be anything other than extortion?  Look at the crap he spews on his pages about image theft.  This guy is a psychopath and social parasite.  I came here in good faith to expose him and I've been surprised at some of the responses, but I am glad I am starting to get through to people.  And I'm not worried about being sued.  I'm just trying to warn other people of the scam this guy is making a living by doing.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

DavidVGoliath

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Re: Tom Schwabel - copyright equivalent of Nigerian scam
« Reply #33 on: August 22, 2014, 03:56:45 AM »
I'm going to pass over some of your rant and focus on just a few choice sections.

Occum's razor says he put the images there.  Even if I took down the image, I'd still owe him?  How can that be anything other than extortion?  Look at the crap he spews on his pages about image theft.

Here's why: professional photographers license their images. I'm sure you're familiar with the concept of licensing, as you may have had cause to need a few in your time such as a firearms license, fishing license and so on. Licenses, or permits as they are often also known as, grant you permission to engage in a specific activity for a certain period of time.

Licenses sit at the very core of how many professional artists earn their income - whether photographers, musicians, filmmakers, designers... especially independent, self-employed ones. They create a work and then, under terms agreed in advance, they allow others to make use of it and, in return, receive payment which is commonly known as a licensing fee.

In using Schwabel's photograph on your own website without his knowledge or permission, you avoided paying for a license to do so. Whether you profited from the use of it is of no relevance - for the same reasons that, if you purchased a fishing license and didn't catch anything all season... well, shucks, that's too bad.

Getting back on point: so Schwabel discovered that you used his photograph and asked you to stop. He also asked that you pay him for the fact that you had been using it for whatever period of time it was between the date of you uploading it to your website and the date he contacted you - which, from your postings, I'm guessing was $200.

That's really quite fair and reasonable, all things considered. You obviously think otherwise but, again, that has little relevance to what appear to be the facts. You don't get to haggle over the cost of a meal after you've eaten it... heck, sit down in any restaurant and, even if you just toy with your steak dinner and have a few nibbles, you'll still be faced with the bill... and you can imagine what would happen if you screamed "Fuck, man, I was just peckish... I could have gone to f'n McDonalds! No way I'm paying that!!!"

Not a great analogy, but it's close enough to how you're attempting to wriggle out of paying for something you had made use of - in this case, Schwabel's photograph.

This guy is a psychopath and social parasite.

Cough... pot, kettle... cough. (just my opinion)

I came here in good faith to expose him and I've been surprised at some of the responses, but I am glad I am starting to get through to people.

Oh, your're getting through to people alright - but perhaps not in the way you'd like to  ;)

And I'm not worried about being sued.  I'm just trying to warn other people of the scam this guy is making a living by doing.

Well, karma might just grant you your wish regarding the first part - and if you really believe that reaching out directly to people who have made use of his images and asking them to stop, and pay a small fee for the prior use, is a scam... wow.

Let me reiterate: his first step was not to lawyer up. Neither was his second step (going to your web host), which would have been a taken only if you didn't voluntarily cease using the photograph. He didn't put a four, five or six figure demand to you... but now your own actions have exposed you to the possibility of a lawsuit for wilful infringement, where the damages can be as high as six figures, along with reasonable attorney's fees and costs being awarded to the prevailing party.

That dose of karma, when it comes around, might be something you'll rue for a long time.

Jerry Witt (mcfilms)

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Re: Tom Schwabel - copyright equivalent of Nigerian scam
« Reply #34 on: August 22, 2014, 04:02:15 AM »
UnfairlyTargeted -- this site is supportive of people that really are unfairly targeted. But your insistence on calling the photographer a plagiarist, a thief and a super-hacker makes you appear to have no credibility.

Seriously, dude. You took an image that didn't belong to you. Man up and take some personal responsibility. Take the image that isn't yours off your site and make a reasonable offer to pay the photographer.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

Greg Troy (KeepFighting)

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Re: Tom Schwabel - copyright equivalent of Nigerian scam
« Reply #35 on: August 23, 2014, 12:00:40 AM »


You are missing the point of everyone trying to help you here.  it is one thing to warn people to be careful and avoid using an image but you need to take the image down if you have not done so already, regardless of the value....it's not yours.  ELI tells everyone if you didn't take the photo, license the photo or know for sure it's in the public domain then DON'T use it. There is a world of difference in taking an image down, then fighting the good fight as opposed to your approach.  Just saying.....
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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Robert Krausankas (BuddhaPi)

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Re: Tom Schwabel - copyright equivalent of Nigerian scam
« Reply #36 on: August 23, 2014, 07:20:45 AM »


You are missing the point of everyone trying to help you here.  it is one thing to warn people to be careful and avoid using an image but you need to take the image down if you have not done so already, regardless of the value....it's not yours.  ELI tells everyone if you didn't take the photo, license the photo or know for sure it's in the public domain then DON'T use it. There is a world of difference in taking an image down, then fighting the good fight as opposed to your approach.  Just saying.....

hahaha, his web host removed the image for him..along with the entire site. I completely understand that sometimes people will do say things that are way over the top in the heat of the moment...perhaps the OP will rethink his posisition and come to the conclusion, that paying a "few hundred" bucks to a photographer is not only the right thing to do, but would also be the smart thing to do.
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Greg Troy (KeepFighting)

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Re: Tom Schwabel - copyright equivalent of Nigerian scam
« Reply #37 on: August 23, 2014, 03:06:51 PM »


You are missing the point of everyone trying to help you here.  it is one thing to warn people to be careful and avoid using an image but you need to take the image down if you have not done so already, regardless of the value....it's not yours.  ELI tells everyone if you didn't take the photo, license the photo or know for sure it's in the public domain then DON'T use it. There is a world of difference in taking an image down, then fighting the good fight as opposed to your approach.  Just saying.....

hahaha, his web host removed the image for him..along with the entire site. I completely understand that sometimes people will do say things that are way over the top in the heat of the moment...perhaps the OP will rethink his posisition and come to the conclusion, that paying a "few hundred" bucks to a photographer is not only the right thing to do, but would also be the smart thing to do.

Well, guess he had to pee on the electric fence after all  ::)
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

 

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