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Photoshop Contest Forum Index - Contests and Entries - Please observe copyrights - Reply to topic

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TofuTheGreat

Location: Back where I belong.

Post Fri Jan 05, 2007 5:18 pm   Reply with quote         


ScionShade wrote:
Nah, I've looked into this pretty well.
A website is not responsible for what it's users post.
It's pretty clear in case after case.


Really? I haven't looked into it at all so I can't really say one way or the other and will not worry about it until I have an urgent need to.

But this does make me wonder why firms like Napster (the original), KaZaa and others be busted when their users put copy writ material out for others use? The site itself isn't doing it.

My son used to collect guitar "tabs" online. His favorite site was shut down because the users were posting copyrighted tabs in the message boards.

Seems that the interpretation and enforcement of copyrights is sketchy.

As a side-note. My own employer got nailed with a $5,000 settlement for posting a copyrighted poem in a department's newsletter and then posting said newsletter online (granted that's an employee and not a user).

The original suit alledged $300,000 in damages. The author seems to make a living of scanning the web for unauthorized uses of her works and then suing the site owners (or settling with them).

The employee didn't know who wrote the poem and didn't attempt to research it at all. Many of you may have received that same poem in email a while back. I won't spell out the name as she'll probably sue JMH or me. But the title of the poem is the word "The" combined with the other 4-letter word for a hyphen ("-"). Lost a lot of respect for the woman after seeing her correspondence and threats. It's a real conflict with her message that she puts out about being good and nice to others. Major hypocrite in my opinion.




_________________
Why I do believe it's pants-less o'clock! - Lar deSouza
”The mind is like a parachute, it doesn’t work if it isn’t open.” - Frank Zappa
Created using photoshop and absolutely no talent. - reyrey

TofuTheGreat

Location: Back where I belong.

Post Fri Jan 05, 2007 5:26 pm   Reply with quote         


Marx-Man wrote:
For those who dont want to read all that...

If i sell you an chocolate bar for 50p and you then sell it for 1 pound and try to give me the 50p

I am entitled to the £1

Why...
BECAUSE
You didnt pay for the bar and unless there was a contract to the contrary the bar is mine to sell and the profits if sold are mine...

I can take it to court and ill win which means youll have to pay the courst costs on both sides. which will be a ton.


I dozed through most of that until I got to the above snippet.

Bzzzzzzzzttttt. Judges say NO. This metaphor is incorrect. A chocolate bar is not an abstract intellectual property item. It's a definite product. If I buy something then I have full right to resell it and you do not have the right to the proceeds of the sale.

Capitalism runs on the principle of buying for one price and selling for a higher price.




_________________
Why I do believe it's pants-less o'clock! - Lar deSouza
”The mind is like a parachute, it doesn’t work if it isn’t open.” - Frank Zappa
Created using photoshop and absolutely no talent. - reyrey

Marx-Man

Location: The United Kingdom!

Post Fri Jan 05, 2007 5:28 pm   Reply with quote         


i made a funny




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ScionShade

Location: VeniceFlaUS

Post Fri Jan 05, 2007 5:36 pm   Reply with quote         


Hmmm, thanks for the food for thought Tofu.
Now I think i'm gonna be paying even more attention to the subject and try to figure out where the lines are drawn.




Marx-Man

Location: The United Kingdom!

Post Fri Jan 05, 2007 5:38 pm   Reply with quote         


TofuTheGreat wrote:


But this does make me wonder why firms like Napster (the original), KaZaa and others be busted when their users put copy writ material out for others use? The site itself isn't doing it.

My son used to collect guitar "tabs" online. His favorite site was shut down because the users were posting copyrighted tabs in the message boards.

Seems that the interpretation and enforcement of copyrights is sketchy.



Well i can clear this up..

As a user of the site you usually but not always agree to post origional work.. like this site does.

kazaa is a proxy and will be treated as such.

For example

A smugggler is a proxie

Kazaa or napster. you can upload through them but in doing so they advertise to you., but seeing as the transaction itself is illegal and not activly discouraged they are to blame.

passive discouragment and disclaimers do not always protect you....
especially when the transactions are gooing through you

This mp3 should cost you 4 pounds as net value on cd but get it free from a friend and under cut the market... wheres the contract stating you can do that. nope illegal. as mp3s are always condisered for personal use.

Tradeing for other mp3s is illlegal and anyone who does so may be sued if caught this includes alllowing yourself to be a proxy for trade.
"hand it to me and ill give it to him"

of course this doesnt apply if your the creator or you have disrobution rights.




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