jtara - 6:57 pm on Dec 7, 2006 (gmt 0)

To clarify, Corbis is a seller of stock photography images, etc.

Presumably, the seller of the shopping cart software was distinct from Corbis, and (hopefully) licensed the image for use in their product.

A couple of thoughts (to discuss with your lawyer...):

(1) DMCA (or the EU equivalent - DMCA was as a result of an international treaty). I don't think they can do this. I think you are simply required to remove the image after proper notification that you are in violation.

(2) Do you still have the right to use the shopping cart software? If so, you may still have the right to use the image, which is just part of the shopping cart software.

(3) Did the seller of the shopping cart software actually license the image in the first place? Not saying this gets you off the hook, but perhaps Corbis can be diverted to landing bigger fish, will be appreciative for the tip, and drop their effort with regard to you.

It's kinda scarey that any time you install some sofware package you have bought (or even moreso, open-source software), you really have no idea where images that are part of the package come from, or whether they are properly-licensed. And you could be liable for damages, or at least be extorted for such.