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Messages - papageek

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Getty Images Letter Forum / Re: Windows Vista sample images
« on: May 05, 2009, 04:08:41 PM »
Oscar - Thanks for the info. I'm looking into the DMCA now and I'll let you know what I can come up with.

Lettered - I was thinking along the same lines. The images were not being shared but simply displayed. Looking at the EULA it's pretty vague on the use of the images. I guess the legal definition of "shared" could be debated.

I've looked thru every image on my server and the images are no longer there, so the user could have removed them. The best I can tell from tearing thru the database logs and backups is that these 2 images could have only been displayed for no more than a week at the most, and even then would have only been viewed as a 64X64 pixel icon. I've just recently redesigned the site and the screen shots they sent me were recent - within the last month or so; the site was relaunched on 3/15/09 with a completely new look, fell and function.

With a user driven community site (think Facebook for car guys) what's to keep someone from creating an account, uploading some copyrighted photos, taking some screen shots and then sending out a bill for the copyright infringement (think Getty Images). I know pretty far fetched but it's entirely possible and feasible!

Another question that could be posed is does the Picscout bot/crawler have the right to steal my bandwidth by crawling the sites pages unnoticed and unsolicited? I have to pay for the bandwidth that the crawler uses to find the images after all. Could get interesting!

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Getty Images Letter Forum / Windows Vista sample images
« on: May 02, 2009, 04:32:22 PM »
Hello, I just received the lovely Getty letter for 2 images and a bill for $2000 or $1800 with the 10% settlement demand discount because someone uploaded two thumbnail images (used as avatars) on my site. These are included as part of the Microsoft Windows Vista Home Premium sample pictures! Has anyone else seen this? A better question though may be, does Getty Images have the right to claim copyright infringement on an image that is distributed by Microsoft, as part of an operating system. I just did a quick Google search for the same images they claim (green sea turtle and lit dock/sunset) and there must be thousands of sites with these photos being used, displayed and distributed! Not to mention they are distributed as part of the operating system that could be in use by literally millions of users worldwide. I realize that as the website operator, I am responsible for what my users do, but come on! I highly doubt that anyone who uses Windows (or Mac or Nix flavors for that matter) have any idea that the images are copyrighted and they cannot use them for anything. I haven't had a chance to read over the billion pages of Microsoft's user agreement yet but I wonder if there is any sort of disclaimer or copyright assignment on the images they include. Any thoughts or suggestions?

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