Forum Moderators: phranque
[edited by: oilman at 8:03 pm (utc) on Dec. 2, 2004]
[edit reason] no urls please [/edit]
[edited by: oilman at 8:05 pm (utc) on Dec. 2, 2004]
[edit reason] no urls please [/edit]
so put it in writing. it sounds like the wrongdoer probably stopped but you should monitor it. if they really did take it down, it sounds like you were effective.
True, but this would really only matter if the images are not registered Copyrights. If the images are actually registered, the damages could be substantially more - regardless of the profit/loss associated by the other site.
If you take this route, be sure to
1) Use a subject like Copyright Infingement
2) Give the url of the offending page and the url of your page.
3) Ask them to remove any similar pages.
Kaled.
What are my chances of suing and winning?
Winning the case? Fairly good chance.
Winning the removal of their site? Fairly good chance.
...
Winning monetary damages? Very poor chance.
Although, you've got multiple angles of copyright infringement to pursue. Both the use of your original copy and the use of photographs. Especially considering that the photos are of people ... Your chances may be better on all counts. :)
If the models in the picture are under 18 and the website doesn't have a signed model release by the minor's parent, they may be liable for criminal charges? I am not a lawyer but this sounds like it might be right. Hopefully someone will correct me if I am wrong. Which I probably am. ;)
So before we talk about criminal charges, let's take into account a few things, which may not be technically legally relevant but sure as heck will be if this case is decided by a bunch of human jury members or a human judge:
1) The actual damages incurred. Let's FACE IT. We're talking about braids here. I'm not saying that's not important to the writer's livelihood, just that we're not talking about robbing a Brinks truck. I have trouble believing this person made $5 off of the alleged scheme to defraud the writer - not that that justifies it, but let's put it into some perspective.
2) Whether a continuing criminal enterprise is occurring. It sounds like, based on the little information we have here, that the offender, while potentially rude, ceased and desisted immediately.
3) Whether the offender is engaging in a massive scheme to defraud others by stealing copyrighted information. It sounds, unless I am reading too much into this, like this is a one-off scheme and this was not a massive bot-generated effort to systematically violate the copyrights of thousands of unsuspecting web site owners. If so, it sounds like you scared the bejeezus out of this ignoramus and that it's unlikely to happen again.
Keep vigilant, make sure it doesn't happen again. But otherwise, everybody needs to settle down. If I'm being too harsh here, well, sue me.
We're talking about braids here.
I don't care too much about braids either -- but I didn't see any reason to attack the poster's interests or belittle an activity in which their family participates. I ignored the subject matter (it's all widgets to me) and looked at the facts:
rb4580 has someone stealing from them and and contacted the thief. From rb4580's description of the thief's response (re-read the thread -- rb4580 has already contacted the thief) we can determine the thief is:
1. Aware of their acts
2. Willfully continuing to engage in those acts
3. Attempting to deceive rb4580 into believing they have removed the stolen property.
4. Rude. :)
So where is rb4580 left? What options are available? A civil suit has been discussed and we all realize the cost of civil action in this case could, and probably would, be prohibitive. If this was business, then that would be the end of it. Do the math, make the logical decision.
BUT -- rb4580's family members are involved. And, if it was my family I would say, pursue any and all legal options. (No sense going to jail, that hurts your family more than whatever satisfaction you get from committing illegal acts against the thief.)
Is the thief breaking a criminal law? Turn 'em in.
Is the thief using falsified whois info? Turn 'em in.
Is the thief violating the terms of any advertising they've put on the site (like adsense)? Turn 'em in.
In the end, the amount of time you spend doing any of these things may be better spent NOT doing them. But honor is a rare thing and some fights have to be fought. I respect anyone who steps up to the plate and protects their family.
At the very least you have the opportunity to find out who this person is and once you have this information you can try and keep track of domains he/she may try to register. You could also work through small claims court and sue for even $100 dollors. Even if the person never made it to court he would know that your serious and may back off from messing with you anymore.
Also, if for some reason they go through a small hosting company that tell you to get bent, follow the same rule. Go after their ISP. Find out if the hosting company runs bandwidth from a bigger company. The smaller hosting company may become more than willing to talk to you once they realize they could be shut down.
