721
Getty Images Letter Forum / Re: Am I doing this right?
« on: February 27, 2012, 06:19:15 PM »
Anyone else find that google works better than than the search thingy?
S.G.
S.G.
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722
Legal Controversies Forum / Re: A great post regarding Pinterest and copyright
« on: February 27, 2012, 02:46:32 PM »
Thanks for this latest posting. It's definitely food for thought. It's plain that Pinerest's business model is flawed.
They state that you shouldn't post your own photos. However, posting anyone else's photos is likely some sort of copyright infringement.
Additionally, we're beginning to see a trend online and elsewhere wherein fine print is posted that essentially states that those running the business aren't responsible legally or otherwise for anything that happens. Such as this verbage:
"You agree to indemnify, defend, and hold harmless <insert company name> and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an image."
My reaction is "don't kid yourself". No statement on a website can prevent a business from every conceivable liability.
Otherwise, we could set up any business that we wanted, do illegal things, and never be held accountable, simply by posting some fine print.
The only thing that such disclaimers often guarantee is a court battle wherein a judge decides whom is liable.
Setting up any "business" that's essentially a conduit for alleged copyright infringements is a very bad idea.
Keep up the great postings, Buddhapi.
S.G.
They state that you shouldn't post your own photos. However, posting anyone else's photos is likely some sort of copyright infringement.
Additionally, we're beginning to see a trend online and elsewhere wherein fine print is posted that essentially states that those running the business aren't responsible legally or otherwise for anything that happens. Such as this verbage:
"You agree to indemnify, defend, and hold harmless <insert company name> and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an image."
My reaction is "don't kid yourself". No statement on a website can prevent a business from every conceivable liability.
Otherwise, we could set up any business that we wanted, do illegal things, and never be held accountable, simply by posting some fine print.
The only thing that such disclaimers often guarantee is a court battle wherein a judge decides whom is liable.
Setting up any "business" that's essentially a conduit for alleged copyright infringements is a very bad idea.
Keep up the great postings, Buddhapi.
S.G.
723
Getty Images Letter Forum / Re: Am I doing this right?
« on: February 27, 2012, 02:27:27 PM »
Gumby, don't forget that your questions have been asked by others many times, and there lots of rich discussion about those very issues on the forum.
ProTip: in google enter:
site: extortionletterinfo.com (your query)
You should leave out the brackets, of course.
This will help you find specific posts of interest.
S.G.
ProTip: in google enter:
site: extortionletterinfo.com (your query)
You should leave out the brackets, of course.
This will help you find specific posts of interest.
S.G.
724
Getty Images Letter Forum / Re: My letter Experience
« on: February 26, 2012, 12:42:40 PM »
Just curious... do any readers of the forum presently own the royalty free "Stone Collection" cd-roms?
If so, could the owner kindly submit a copy of the license/copyright agreement for examination?
This would really be a key piece of the puzzle, and could prove what Getty seems to be doing.
Additionally, it would help other extortion letter recipients.
S.G.
If so, could the owner kindly submit a copy of the license/copyright agreement for examination?
This would really be a key piece of the puzzle, and could prove what Getty seems to be doing.
Additionally, it would help other extortion letter recipients.
S.G.
725
Legal Controversies Forum / Article: Copyright Law and the Restoration of Beauty - DAVID NIMMER
« on: February 26, 2012, 12:39:02 PM »
I recently came across an interesting excerpt by David Nimmer, who's written some respected books on copyright.
He makes a "distinction between claims intended to vindicate the expressive aspects of a copyrightable work, and those in which the copyright happens to be incidental to the complaint".
It speaks of some Canadian cases, but it also has a worldwide perspective.
In addition, there's some real gems in there: 'The Chief Executive Officer (CEO) of Turner Broadcasting testified that VCRs which allow ad skipping amount to “theft,” gilding that thought with the pronouncement that: “Any time you skip a commercial … you’re actually stealing the programming.” When the interviewer inquired, “What if you have to go to the bathroom or get up and get a Coke?” the grudging concession emerged: “I guess there’s a certain amount of tolerance for going to the bathroom.”
http://ohlj.ca/english/documents/4-47_3_Nimmer_FINAL.pdf
S.G.
He makes a "distinction between claims intended to vindicate the expressive aspects of a copyrightable work, and those in which the copyright happens to be incidental to the complaint".
It speaks of some Canadian cases, but it also has a worldwide perspective.
In addition, there's some real gems in there: 'The Chief Executive Officer (CEO) of Turner Broadcasting testified that VCRs which allow ad skipping amount to “theft,” gilding that thought with the pronouncement that: “Any time you skip a commercial … you’re actually stealing the programming.” When the interviewer inquired, “What if you have to go to the bathroom or get up and get a Coke?” the grudging concession emerged: “I guess there’s a certain amount of tolerance for going to the bathroom.”
http://ohlj.ca/english/documents/4-47_3_Nimmer_FINAL.pdf
S.G.
726
Hawaiian Letters & Lawsuits Forum / Re: Reporter to do story about HAN / Vincent K Tylor (link to emails from Vincent)
« on: February 25, 2012, 02:07:54 PM »
I don't how "bright" Zvulony is.
I went to his website several months ago, and it looked like some eastern-bloc link farm.
There was a button or something that said "ask Mr. Zvulony a question" or something.
But, when you clicked on it, it went to a page that says that "he doesn't give free advice", and a consultation was 90 dollars for 30 minutes.
If you clicked on the small print at the bottom of his site, it said something to the effect of, "See!! People DO read copyright notices".
Not that he shouldn't get paid, it all just seemed to be unprofessional. So, I never contacted him, or anyone for that matter.
Anyway, his marketing is better now, but I'm not convinced that he's much better than the others.
Just look at who he's representing:
http://www.google.ca/imgres?q=vincent+k+tylor&hl=en&safe=off&biw=1650&bih=914&tbm=isch&tbnid=tdHdqb-lJAjy1M:&imgrefurl=http://photo.net/photodb/photo%3Fphoto_id%3D4532366&docid=9waR6r94U4qLHM&imgurl=http://photo.net/general-comments/attachment/3752682/vt%2525201%252520copy.jpg&w=399&h=510&ei=EDFJT5vHOoL30gHHosmcDg&zoom=1&iact=hc&vpx=938&vpy=118&dur=5994&hovh=254&hovw=199&tx=126&ty=108&sig=110202453948314823167&page=1&tbnh=136&tbnw=106&start=0&ndsp=40&ved=1t:429,r:4,s:0
S.G.
I went to his website several months ago, and it looked like some eastern-bloc link farm.
There was a button or something that said "ask Mr. Zvulony a question" or something.
But, when you clicked on it, it went to a page that says that "he doesn't give free advice", and a consultation was 90 dollars for 30 minutes.
If you clicked on the small print at the bottom of his site, it said something to the effect of, "See!! People DO read copyright notices".
Not that he shouldn't get paid, it all just seemed to be unprofessional. So, I never contacted him, or anyone for that matter.
Anyway, his marketing is better now, but I'm not convinced that he's much better than the others.
Just look at who he's representing:
http://www.google.ca/imgres?q=vincent+k+tylor&hl=en&safe=off&biw=1650&bih=914&tbm=isch&tbnid=tdHdqb-lJAjy1M:&imgrefurl=http://photo.net/photodb/photo%3Fphoto_id%3D4532366&docid=9waR6r94U4qLHM&imgurl=http://photo.net/general-comments/attachment/3752682/vt%2525201%252520copy.jpg&w=399&h=510&ei=EDFJT5vHOoL30gHHosmcDg&zoom=1&iact=hc&vpx=938&vpy=118&dur=5994&hovh=254&hovw=199&tx=126&ty=108&sig=110202453948314823167&page=1&tbnh=136&tbnw=106&start=0&ndsp=40&ved=1t:429,r:4,s:0
S.G.
727
Getty Images Letter Forum / Re: Bringing this to the media
« on: February 25, 2012, 10:58:39 AM »
Please do link!! I think it's a stitch. lol!!
I like yours too.
S.G.
I like yours too.
S.G.
728
Getty Images Letter Forum / Re: Bringing this to the media
« on: February 24, 2012, 10:20:10 PM »
It's a parody of an existing "corporatism" poster.
So, there's some similarities to an another image.
Knowing how some are these days, it might be risky to use it on your blog.
S.G.
So, there's some similarities to an another image.
Knowing how some are these days, it might be risky to use it on your blog.
S.G.
729
Getty Images Letter Forum / Re: Bringing this to the media
« on: February 24, 2012, 06:56:35 PM »730
Legal Controversies Forum / Re: A great post regarding Pinterest and copyright
« on: February 24, 2012, 06:47:48 PM »
Yes, it's just a matter of time before social media is inundated with 'claims'.
Bloggers have been heavily targeted already.
I think that cautious people are already beginning to change their names slightly or are using nicknames on social networking sites.
I haven't used my actual name on social media sites for years.
When I do use it, it's simply trolling to mislead people of my whereabouts or activities.
I'm not paranoid or anything, I mainly think that it's amusing.
http://img826.imageshack.us/img826/4633/copyrighttrollingmaster.jpg
"Hear the click... feel the boot... smell the fear... taste the future". lol
S.G.
Bloggers have been heavily targeted already.
I think that cautious people are already beginning to change their names slightly or are using nicknames on social networking sites.
I haven't used my actual name on social media sites for years.
When I do use it, it's simply trolling to mislead people of my whereabouts or activities.
I'm not paranoid or anything, I mainly think that it's amusing.
http://img826.imageshack.us/img826/4633/copyrighttrollingmaster.jpg
"Hear the click... feel the boot... smell the fear... taste the future". lol
S.G.
731
Getty Images Letter Forum / Re: First Masterfile Letter...Let's get started.
« on: February 24, 2012, 02:23:15 PM »
Only you can decide what course of action to take based on your research and personal world-view.
One thing that everyone agrees on is that there's no "one-size-fits-all" solution...
S.G.
One thing that everyone agrees on is that there's no "one-size-fits-all" solution...
S.G.
732
Legal Controversies Forum / Re: A great post regarding Pinterest and copyright
« on: February 24, 2012, 12:47:46 AM »
Great research here!! Thanks Buddhapi. This is one to watch.
It's not that there's necessarily a "problem" with "Pinterest". But, greedy people will see this as a way to "cash-in", and it's going to be a legal nightmare.
Even if "Pinterest" is "harmless", some will try anything to get money from them, even if they've suffered no "damages".
"it involves the copying of the full-size image to Pinterest’s server"?... sounds a lot like PicScout to me.
S.G.
It's not that there's necessarily a "problem" with "Pinterest". But, greedy people will see this as a way to "cash-in", and it's going to be a legal nightmare.
Even if "Pinterest" is "harmless", some will try anything to get money from them, even if they've suffered no "damages".
"it involves the copying of the full-size image to Pinterest’s server"?... sounds a lot like PicScout to me.
S.G.
733
Getty Images Letter Forum / Re: My letter Experience
« on: February 23, 2012, 05:49:54 PM »
I can't argue with McFilm's logic; showing that one at least tried to work with them indicates quite a bit of goodwill.
S.G.
S.G.
734
Getty Images Letter Forum / Re: First Masterfile Letter...Let's get started.
« on: February 23, 2012, 04:01:11 PM »
MF has (or used to have) a lot of "space-style" artist renderings.
It could be one of those.
S.G.
It could be one of those.
S.G.
735
Getty Images Letter Forum / Re: My Client Received the "Infamous" Letter
« on: February 23, 2012, 11:23:10 AM »
Nothing kills these conversations faster than if they think that you've been reading up on this issue.
Just ask them for proof of registration, or say "i bet you've registered those in bulk", and it's usually over. lol.
Then, the communication becomes "one-way". That is, they continually threaten, etc., but don't respond to any inquiries in a meaningful way.
S.G.
Just ask them for proof of registration, or say "i bet you've registered those in bulk", and it's usually over. lol.
Then, the communication becomes "one-way". That is, they continually threaten, etc., but don't respond to any inquiries in a meaningful way.
S.G.
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