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Originally Posted by xanx
Not arguing w/ you, just curious. I have been told (by legal professionals) that the copyright defaults to the original creator of the image, so how can they do that?
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i am just the messenger so it is a good question and here is the copy of the text from the letter tmobile c&d'd around....
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"Greetings:
T-Mobile USA, Incorporated ("T-Mobile") has received information that the domain listed above, which appears to be on servers under your control, links to Ms. Paris Hilton's address book, personal information and/or voicemail messages, which were obtained in an unauthorized manner from T-Mobile facilities.
Ms. Hilton asserts a copyright and privacy interest in the material. Neither T-mobile nor Ms. Hilton authorized the display or use of this information. In addition, the site uses and displays the copyrighted trademarked materials of T-Mobile.
We are giving you notice of this activity and request that you take expeditious action to remove or disable access to the material described above, and thereby prevent the unauthorized distribution of the copyrighted materials and personal information.
We appreciate your cooperation in this matter. Please advise us regarding what actions you take."
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As far as I know, once copyright and enforcement begins, then that prevents a widely used image from becoming public domain. In other words, if a once private photo gets widely circulated and nobody steps up to the plate, over time the photo becomes public domain. Public domain is a rare occurance I will add with high profile things like peoples' personal and private pics.