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Author Topic: What is Glen Carner's Official Position on Vincent K. Tylor?  (Read 23740 times)

Greg Troy (KeepFighting)

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #15 on: June 03, 2012, 12:59:32 AM »
There certainly a lot of them out there, here are a few more I found just doing a quick search.  They all appear to be the same program by the actual file name and they all say they are free and it is from Glen Carner. 

Mr. Carner, taking you at your word that you did not upload this why are you not concentrating your efforts on stopping this instead of going after people who are innocently downloading it when everything on every page here says it’s free?  You say you are sending out C&D letters to these places, can you post some of them for us to see, so we can see that you are trying to stop the spread rather than cash in on people who have obviously been misled into thinking they were getting a free screen saver?

http://www.downseeker.com/download/80673/hawaii-pictures-screen-saver-1.0/

http://www.freedownloadscenter.com/Shell_and_Desktop/Places_Screen_Savers/free/Hawaii_Pictures_Screen_Saver.html

http://wareseeker.com/Home-Shell-Desktop/hawaii-pictures-screen-saver-1.0.zip/53258
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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lucia

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #16 on: June 03, 2012, 06:54:16 AM »
Those images don't display for me. Are they gone? Of is it a mac thing?

Jerry Witt (mcfilms)

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #17 on: June 03, 2012, 02:50:20 PM »
Lucia, a lot of these images are in screen saver programs that are compiled into PC executable files. So us Mac people can't see them.

I think claiming that someone thought an image they pulled off some screensaver software and put on their website was "free" is a bit of a stretch. I also don't think that's where they are coming from. I think a lot of the HAN claims stem from fairly large images that have no watermarks and are on sites that advertise them for free download. I know when I looked 6 months ago there were a LOT of these sites. Maybe HAN has taken some steps to stem the tide, I don't know and I'll leave it to them to report on that.

But I do know one thing. If I saw (or imagined) that I was loosing money due to images being available on these sites or in software, I would take steps to clean this up long before I started suing people for using them. After all, to claim that your images are "rights managed" you have to actually manage the rights. And that doesn't mean just suing the small businesses that have these images.
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.

lucia

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #18 on: June 03, 2012, 03:38:57 PM »
I agree that someone extracting an image from screensaver software is unlikely to think the owner of the image intends it to be distributed for free.   So, if someone who created a site got it that say-- they should be liable. 

But if that software is made available by the owner for free, and it's possible to extract the image then this path exists:

"owner provides software  for free-> wall paper site guy strips out high def image -> image appears on wall paper site -> unsuspecting business owner (aka "the mope") uses image".

To my mind, if the owner knows this can happen-- or if after it happens a few times-- they don't stop providing the software for free, they shouldn't be able to sue "the mope".   Obviously, since I have a mac I'm not going to try to fiddle with the .exe files to figure out what's involved in extracting an image. (I assume it's probably not that hard.)

Glen Carner

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #19 on: June 04, 2012, 12:43:09 PM »
Here's a Free Glen Carner Hawaii screensaver from 11-Sep-2000 http://www.freedownloadscenter.com/Authors/Glen_Carner.html

The Hawaii Pictures screensaver (which has no commercial images in it) was originally posted on CNET and then shared between the download companies like the links you posted.  Did anyone bother to download it and see whats on there?  Of course not.  More important to try and injure me and my company.  Here's a free copy, again...

Here's a free copy http://ge.tt/5fsdTTI/v/0.
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Robert Krausankas (BuddhaPi)

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #20 on: June 04, 2012, 12:46:58 PM »
okay, so take the "free screen saver" out of the equation, there are still literally hundreds of sites with FREE high resolution images available for download, some even having a creative commons license..You don't need our help to damage your company, you and your lawyers are doing just fine by themselves.We simply report on goings on..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
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lucia

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #21 on: June 04, 2012, 01:12:17 PM »
The Hawaii Pictures screensaver (which has no commercial images in it) was originally posted on CNET and then shared between the download companies like the links you posted. 
Interesting choice of words. I'm trying to figure out how far to interpret what it means. I assume the file didn't just jump onto CNET of it's own volition. Who originally posted the file to CNET?   

Also: you said no commercial images.

On the issue of images are on the screensaver: If whatever images are on there are not involved in any suit or letters demanding monetary compensation for HAN then it is, of course, irrelevant to any discussion of HAN collection attempts. (You will note that my discussion did contain an "if" clause. You seem to have been interested in general principles-- and I am also.)

As discussed above: I have a mac. I said the images don't display for me and said I wasn't going to try to download or fiddle to try to extract anything in an .exe file. 
Are you saying there are no images at all on the screensaver? 

If there are images of any sort on the screensaver, have any migrated over to any free wallpaper sites? 

And finally: By using the term non-commercial you saying that none of the contents of that screensaver have been involved in any of your collection attempts or suits? 

As I cannot look at the screensaver, I can't discover these myself.

« Last Edit: June 04, 2012, 03:34:51 PM by lucia »

Glen Carner

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #22 on: June 06, 2012, 07:27:49 PM »
Regarding "By using the term non-commercial you saying that none of the contents of that screensaver have been involved in any of your collection attempts or suits?"

YES YES YES and ABSOLUTELY!
Doesn't have many friends around here.

SoylentGreen

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #23 on: June 06, 2012, 07:32:58 PM »
So, you're saying that they're public domain?
Or, that you reserve the right to sue for infringing uses in the future?

S.G.



Robert Krausankas (BuddhaPi)

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Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

SoylentGreen

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #26 on: June 06, 2012, 08:02:44 PM »
Support Canadian Talent!!
Luv hot buttered popcorn and passive-agressive posts by Uncle Glen!!

http://i.imgur.com/I3V8z.gif

"Ruining the industry" one kernel at a time.

S.G.


Peeved

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #27 on: June 06, 2012, 08:08:14 PM »
LOL!!!!!!!!!!

LOVIN' THE SHOW!

 ;D

lucia

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #28 on: June 06, 2012, 08:30:40 PM »
Regarding "By using the term non-commercial you saying that none of the contents of that screensaver have been involved in any of your collection attempts or suits?"

YES YES YES and ABSOLUTELY!
Fair enough then. That means this screen saver is irrelevant to any of the discussions of suits or collection attempts. 

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Re: What is Glen Carner's Official Position on Vincent K. Tylor?
« Reply #29 on: June 18, 2012, 04:27:36 AM »
"Should businesses now have free reign to use his work for profit with no compensation for the artist because because they did not take the time to learn or care enough about what should and should not go on their websites?  None of these things are acceptable to myself or Mr. Tylor. 
Any business owner should know this and it is their responsibly to do so.  In another thread it was mentioned that the "trolls" started this.  No, we dont take action unless someone is profiting from our works.  We are responding to a situation that we did not create as best we can."

So Glen, since you are only responding to people who are profiting from your/VKT works... Does that mean if my business has made NO profit, and I had immediately removed the image from my site that you will leave me alone?
"Again these are not college students downloading music for personal use.
These are business professionals using our images for their profit and yes, I as well as Mr. Tylor feel strongly that the use should be compensated wither the business owner cared enough to ensure that they could use the image or not.
Your assumption that we are all business professionals who should "care" enough... Is not accurate. I am a single parent, trying to start a new business, inexperienced in the Internet, so I "cared" enough to hired someone to do my site to avoid any such problems. I asked where the photos came from and believed when told they were in the public domain. That had been downloaded from an AT&T site of free photos. The one and only photo in question is 240/320 and only a portion of the original. The photograph is available for free 15 pages deep on a google search in much larger sizes. Thanks to ELI I am gaining knowledge and empowerment.
« Last Edit: June 18, 2012, 06:08:21 AM by Matthew Chan »

 

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