Paul Markham sent APIC after me for my site cause I had thumbnails going to a gallery (not mine) with his content. APIC asked to remove the thumbs, I did. but still what the fuck is this, aren'T we allowed to do this? and should I be responsible for a submitter not having legal content ?
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That's pretty gay of him.Originally posted by Jimbo
Paul Markham sent APIC after me for my site cause I had thumbnails going to a gallery (not mine) with his content. APIC asked to remove the thumbs, I did. but still what the fuck is this, aren'T we allowed to do this? and should I be responsible for a submitter not having legal content ? -
ummm..he IS gayOriginally posted by Pipecrew
That's pretty gay of him.Comment
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I don't believe that displaying thumbnails is illegal.Comment
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WTF?
OK if the submitter was using stolen content then I agree, the thumbs should be taken off your site. But if the gallery was legal then... WTF?Comment
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what exactly makes it legal for thumb preview gallery to take a thumbnail from someone else's licensed content and host it on their own server?
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email: psyko514(a)gmail.com | icq: 214-702-014Comment
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ask SNOWOriginally posted by psyko514
what exactly makes it legal for thumb preview gallery to take a thumbnail from someone else's licensed content and host it on their own server?Comment
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how should I know if the submitter uses legal content? I should ask every submitters to provide license? WTFOriginally posted by Porndealer
WTF?
OK if the submitter was using stolen content then I agree, the thumbs should be taken off your site. But if the gallery was legal then... WTF?Comment
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Kelly v Arriba Software would be the only case similar to this I know of. They allowed the use of thumbnails.Originally posted by psyko514
what exactly makes it legal for thumb preview gallery to take a thumbnail from someone else's licensed content and host it on their own server?
I have no idea if there are other cases, I'm just saying the one I know of that might be applicable.<a href="http://www.adultcontent.co.uk">Adult Content UK - Great British Content</a>Comment
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It's the submitter that says:Originally posted by psyko514
what exactly makes it legal for thumb preview gallery to take a thumbnail from someone else's licensed content and host it on their own server?
Here use this thumb and link to my gallery from it. I also grant you the right to use it on your server to link to me.
This is what happends on every thumbs TGP. Remember, the thumbs are submitted by the guy sending in the gallery, most of the time.----------
wiZd0mComment
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And that is not acceptable by the terms of the content provider.Originally posted by wiZd0m
It's the submitter that says:
Here use this thumb and link to my gallery from it. I also grant you the right to use it on your server to link to me.
I can't license a photo set and then tell someone else it's ok to use it as long as they link to me.
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email: psyko514(a)gmail.com | icq: 214-702-014Comment
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you can link to someone's content by using thumbs WITHOUT having a license. If you do a search at gfy you'll find it is 100% legal and legal evidences that support this.Comment
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i don't doubt the legality as their are so many Thumb TGPs open. i'm just wondering what makes it legal.Originally posted by Soul_Rebel
you can link to someone's content by using thumbs WITHOUT having a license. If you do a search at gfy you'll find it is 100% legal and legal evidences that support this.
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email: psyko514(a)gmail.com | icq: 214-702-014Comment
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You don't know... but if the producer of that content tells you it's stolen then you know, and should take it down.Originally posted by Jimbo
how should I know if the submitter uses legal content? I should ask every submitters to provide license? WTFComment
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the same is done by altavista,lycos,google etc
there's a specific thumb size or smaller you need to have. I bet google uses the maximum dimensions of this allowed thumb sizeComment
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And a banner used with girls on it, how is it a different form of advertisement?Originally posted by psyko514
And that is not acceptable by the terms of the content provider.
I can't license a photo set and then tell someone else it's ok to use it as long as they link to me.----------
wiZd0mComment
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i kinda see where you're going...Originally posted by wiZd0m
And a banner used with girls on it, how is it a different form of advertisement?
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email: psyko514(a)gmail.com | icq: 214-702-014Comment
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"the Ninth Circuit Court of Appeals... it did uphold the right of image search engines to display thumbnail copies of images within their search results so long as the website URL was linked from the thumbnail."Originally posted by psyko514
what exactly makes it legal for thumb preview gallery to take a thumbnail from someone else's licensed content and host it on their own server?
http://netcopyrightlaw.com/kellyvarribasoft.asp
Basically they appear to be applying "fair use" in the same way that you can legally quote short passages from books, newspaper articles etc.Comment
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APIC aren't lawyers, it's one guy sitting in his mommies basement trying to be the internet police.
APIC WORLDWIDE HEAD OFFICE:
Surrender all your independent thinking and Click Here for re-programming.Comment
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http://caselaw.lp.findlaw.com/data2/...h/0055521p.pdf
It's explained in there. Fair use, market damage, etc.<a href="http://www.adultcontent.co.uk">Adult Content UK - Great British Content</a>Comment
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dont worry this is done already, I just dont get why APIC is into it if it's legal!Originally posted by Porndealer
You don't know... but if the producer of that content tells you it's stolen then you know, and should take it down.Comment
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Originally posted by Pipecrew
That's pretty gay of him.
Originally posted by DarkJedi
ummm..he IS gay
lmaoIt IS what it ISComment
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Originally posted by Brown Bear
APIC aren't lawyers, it's one guy sitting in his mommies basement trying to be the internet police.
APIC WORLDWIDE HEAD OFFICE:
Comment
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because they are stupid ?Originally posted by Jimbo
dont worry this is done already, I just dont get why APIC is into it if it's legal!
http://bbs.gofuckyourself.net/showth...highlight=apicComment
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but in the case of search engines, the pictures are linked directly from the person's site, not from the search engine, right?Originally posted by jayeff
"the Ninth Circuit Court of Appeals... it did uphold the right of image search engines to display thumbnail copies of images within their search results so long as the website URL was linked from the thumbnail."
http://netcopyrightlaw.com/kellyvarribasoft.asp
Basically they appear to be applying "fair use" in the same way that you can legally quote short passages from books, newspaper articles etc.
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email: psyko514(a)gmail.com | icq: 214-702-014Comment
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If someone submits a gallery of stolen content, and the owner finds it, then he was perfectly within his rights to contact you and ask you to remove it from your TGP...
I have had people buy my scripts and resell them on free sites... I called the free host and they were very fast about removing the stolen content as they should.
Or did I totally misread this thread? I have not had any coffee yet
Comment
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psycho no,they are hosted on google's serversComment
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example:Originally posted by psyko514
but in the case of search engines, the pictures are linked directly from the person's site, not from the search engine, right?
http://images.google.ca/images?q=les...=Google+Search----------
wiZd0mComment
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hm,maybe im wrong,google uses a script to call the pics
nice pic
Comment
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this is the address of a thumb:
http://images.google.ca/images?q=tbn...n-lesbians.jpg
is it actually being hosted on google, or just pulled from the person's server, thru google?
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email: psyko514(a)gmail.com | icq: 214-702-014Comment
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If you read the various rulings in this case, that doesn't appear to be an issue - and within the normal scope of "fair use" it likely wouldn't be.
The key to "fair use" is limiting what you use - for example, with publications, up to 250 words per quote was deemed reasonable - together with attributing the source (which translates to linking to the source on the 'Net).
Apart from that, the other main test of "fair use" is whether you have limited or damaged the commercial potential of the copyright holder. So there is room in some circumstances for people to seek individual rulings, but it is a tough issue to win.Comment
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i know for sure that when you click a pic, it opens a larger thumbnail in a frame, and that thumbnail is hotlinked from the person's webserver and resized using height/width tagsOriginally posted by Soul_Rebel
hm,maybe im wrong,google uses a script to call the pics
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email: psyko514(a)gmail.com | icq: 214-702-014Comment
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good questionOriginally posted by psyko514
this is the address of a thumb:
http://images.google.ca/images?q=tbn...n-lesbians.jpg
is it actually being hosted on google, or just pulled from the person's server, thru google?
it seems its hosted by google
http://images.google.ca/images?q=tbn...DONOTEXIST.JPG
the url is just referenceComment
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i remember reading it on some news article someone posted here, that thumbs are legal as long as they link to where the content is.
but the question is, the surfer sometimes goes to trades when he clicks on the thumb, so does that make it illegal?
i honestly don't know the answer.
Comment
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Google will remove it if you ask them to though through a robots.txt file or meta tags.Originally posted by Soul_Rebel
the same is done by altavista,lycos,google etc
there's a specific thumb size or smaller you need to have. I bet google uses the maximum dimensions of this allowed thumb size
I'm surprised to hear that the thumbnail thing is legal though, that's interesting.
What about hotlinking a copyrighted picture off of a licensed domain?
Is the picture technically on a site that it's not licensed for then?Last edited by reallynicejerk; 06-30-2003, 08:52 AM.I do PHP/MySQL scripting.
I wrote the script for www.picmadness.com and www.reallynicepussy.com from scratch.
Click here to contact me.
The only program that makes me any money AND SENDS ME THE CHECK (unlike another program I know of)Comment
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What makes you think APIC actually has a clue? The whole APIC business is based around bullying those dumb enough to take notice of him, semi-literate e-mails, libel and the ability to win a couple of court cases that even a 9 year old would have have difficulty losing. Professionalism, having a clue and good business feature no part of APIC and very little part of those companies or individuals that use them.Originally posted by Jimbo
dont worry this is done already, I just dont get why APIC is into it if it's legal!Ignorance is never bliss.
Comment
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well when you click on the thumb and go to the page in the frame google pulls the full size pic through and my .htaccess blocks that since I'm too lazy to add google to my list of allowed hotlinkers, but the thumb on the search results page is not blocked however which tells me that google doesn't pull the thumb from your server but stores it on their own.Originally posted by psyko514
this is the address of a thumb:
http://images.google.ca/images?q=tbn...n-lesbians.jpg
is it actually being hosted on google, or just pulled from the person's server, thru google?I do PHP/MySQL scripting.
I wrote the script for www.picmadness.com and www.reallynicepussy.com from scratch.
Click here to contact me.
The only program that makes me any money AND SENDS ME THE CHECK (unlike another program I know of)Comment
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Why not just go after the owner of the gallery that the actual pictures are on, as in -- the submitter? Why bother the tgp's that are linking it, kill the pics at the source. Like, duh. Once the link is dead, the tgp's will drop it anyway.
Fuck why are people so stupid?Promote Wildmatch, ImLive, Sexier.com, and more!!
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well maybe cause they can write proper complaints compared to some others I heard of.Originally posted by Tipsy
What makes you think APIC actually has a clue? The whole APIC business is based around bullying those dumb enough to take notice of him, semi-literate e-mails, libel and the ability to win a couple of court cases that even a 9 year old would have have difficulty losing. Professionalism, having a clue and good business feature no part of APIC and very little part of those companies or individuals that use them.
they might be stupid but still they know how to copy paste a REAL complaint ;)Comment
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I'll let Paul answer that oneOriginally posted by CDSmith
Why not just go after the owner of the gallery that the actual pictures are on, as in -- the submitter? Why bother the tgp's that are linking it, kill the pics at the source. Like, duh. Once the link is dead, the tgp's will drop it anyway.
Fuck why are people so stupid?Comment
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Another thing..... Some content out there can't be used as design elements. Are thumbnail previews on TGP's considered design elements?Comment
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yes, Once you cut through the FUD, they substantiate the 5 major points the statute imposed on them to be considered a valid notification.Originally posted by Jimbo
well maybe cause they can write proper complaints compared to some others I heard of.
they might be stupid but still they know how to copy paste a REAL complaint ;)Last edited by wiZd0m; 06-30-2003, 09:05 AM.----------
wiZd0mComment
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Even if you contact their host, who's to say they are fast and will get it removed right away?Originally posted by CDSmith
Why not just go after the owner of the gallery that the actual pictures are on, as in -- the submitter?
Besides, notifying the TGP of this gets the submitter banned.Comment
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That is a very valid question... and just to further muddy the waters...Originally posted by Lane
but the question is, the surfer sometimes goes to trades when he clicks on the thumb, so does that make it illegal?
i honestly don't know the answer.
Operators of interactive sites - those to which visitors can post material that is displayed automatically - are not themselves liable for material that is posted. Only the poster would be liable and you would remove such material only as a courtesy.
The site operator is only liable if he/she has an editiorial role, such as is the case if material is reviewed before it is listed. Then you are jointly liable with the poster for any copyright issues. The copyright holder can insist on the removal of infringing material.
Whether any of this applies merely to linking to copyright violators, to the best of my knowledge has not been tested.Comment
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You are correct. From what I remember, the stipulation is that the thumb be less than a certain percentage of the original pic's size,...... 12% seems to come to mind for some reason.Originally posted by Soul_Rebel
the same is done by altavista,lycos,google etc
there's a specific thumb size or smaller you need to have. I bet google uses the maximum dimensions of this allowed thumb size
I think it has to be less than 12% of the original pic's file size. Sorry, not 100% sure, but close.Promote Wildmatch, ImLive, Sexier.com, and more!!
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theres thousands of tgps who might be linking this, whats better? contacting gallery or TGP.Originally posted by Matt 26z
Even if you contact their host, who's to say they are fast and will get it removed right away?
Besides, notifying the TGP of this gets the submitter banned.
if you contacted 1000 TGP's hosts, who's to say they will all be fast enough to ban the gallery.Comment
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That's just the point - they don't. Read my post carefully especially the semi-literate part. The 'complaints' are so bad that they're comical.Originally posted by Jimbo
well maybe cause they can write proper complaints compared to some others I heard of.
they might be stupid but still they know how to copy paste a REAL complaint ;)Ignorance is never bliss.
Comment
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I don't think it would be wise of the content providers to push this if it was illegal.. it seems to me gallery builders are the biggest buyers of content out there... so stepping on their toes would in return hurt the content companies.. I don't see what the big deal is as long as it's used under "fair use" as posted aboveIn November, you can vote for America's next president or its first dictator.Comment
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Lewt me just fill you in on this guy.
he was told weeks ago that he had illegal images. I ICQed him and he told me he stole them from me because no content provider would supply him single images.
I asked him if he had asked on the boards he said no. I told him to ask here, he did so and found some who will supply him. But I told him to take down my images until he had paid for them.
He did neither, he did not buy images and he did not remove mine then 2/3 weeks later I still find my pictures stolen from my site, they are sample images, on his site. I ICQed him when he was online. He ignored it. I contacted APIC.
Jimbo
Yes you are responsible if you have stolen images on your site after you are told they were stolen. Most of the people here buy their content you told me you did not because no one would sell you single images.Comment
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