Copyright Infringements With TGP Thumbnails - GoFuckYourself.com

Spice · 04-17-2003, 06:00 PM

Ok, here's an interesting question. If you have a TGP and post submitted thumbs and thumbs from hosted galleries that you use, is that considered copyright infringement AND on that point, there's HUNDREDS of TGPs out there that do it, so does that mean that they're all illegal ???

ZoiNk · 04-17-2003, 06:04 PM

In one word, POSSIBLY. A lot of licence agreements I have state the certain % that can be used by others in exchange for traffic. If for example, it gets exceeded, that is a violation of the licence agreement. If the agreement forbids then, then it is copywrite infringement. Now, the people listing non-licenced content as a thumb are as much at fault as the gallery poster (IN MY OPINION). Others will probably disagree though.
ZoiNk

StupidNewbie · 04-17-2003, 06:07 PM

tgps follow rules?

cosis · 04-17-2003, 06:09 PM

probably not 100% legal but it ain't gonna stop anyone

drunkdollars · 04-17-2003, 06:11 PM

I think google wons some case where they could show preview thumbnails without it being considered Copyright Infringements.

I would think the same would apply to tgps

Babaganoosh · 04-17-2003, 06:13 PM

It's legal as long as they are thumbnails. The court ruling was a little vague on what was considered a thumbnail but it's still legal.

foreverjason · 04-17-2003, 06:15 PM

we need an inhouse lawyer here

Spice · 04-17-2003, 06:18 PM

Actually, the reason why I'm posting this is because I just got 2 emails forwarded over from my host that APIC sent them about me using copyrighted thumbnails on 2 of my domains

A couple of the thumbs were from submitted galleries, a couple were made from galleries that I got from a couple of my sponsors which I asked if it was ok to do and they said that I COULD make thumbnails, so who knows.

Pete · 04-17-2003, 06:32 PM

You cant reproduce any image that you dont own the rights to. Thumbnail or not...you dont own it.

Spice · 04-17-2003, 06:36 PM

Quote:

Originally posted by Pete
You cant reproduce any image that you dont own the rights to. Thumbnail or not...you dont own it.

What I don't understand if your point is true is how come there's so many TGPs in operation then if none of them are legal ???

Choker · 04-17-2003, 06:51 PM

If your license says you are allowed to make a banner from the content, a thumbnail is a banner used to promote the content you purchased. License agreements do not say that banners made from your content cannot be on other peoples servers. As long as they use that thumbnail to promote YOUR stuff then you are cool.

Spice · 04-17-2003, 06:56 PM

Quote:

Originally posted by Choker
If your license says you are allowed to make a banner from the content, a thumbnail is a banner used to promote the content you purchased. License agreements do not say that banners made from your content cannot be on other peoples servers. As long as they use that thumbnail to promote YOUR stuff then you are cool.

Thanks for your insight Choker.

To add a question to your remarks, most TGPs skim off to trades, so does that then change the aspect of the content use then if the links are skimmed a percentage of the time to trades and the rest of the traffic to the content purchaser (sponsor).

Brujah · 04-17-2003, 07:54 PM

*IF* you decide to reply to him at all:

Tell APIC to fuck himself.
Send him copies of rulings (there are at least 2 now) that show federal court ruled thumbnails are not subject to copyright.
Then, DO NOT BUY anything from anyone promoting APIC.

cluck · 04-17-2003, 08:00 PM

Quote:

Originally posted by ZoiNk
In one word, POSSIBLY. A lot of licence agreements I have state the certain % that can be used by others in exchange for traffic. If for example, it gets exceeded, that is a violation of the licence agreement. If the agreement forbids then, then it is copywrite infringement. Now, the people listing non-licenced content as a thumb are as much at fault as the gallery poster (IN MY OPINION). Others will probably disagree though.
ZoiNk

I think legally the person listing the gallery should have a chance to remove it before he gets in any legal trouble. There's no criminal intent on his part. How is he supposed to know if someone copied the gallery that they submitted?

goBigtime · 04-17-2003, 08:41 PM

Only reply to certified mail or mail from a goverment agency.

Choker · 04-17-2003, 09:27 PM

Quote:

To add a question to your remarks, most TGPs skim off to trades, so does that then change the aspect of the content use then if the links are skimmed a percentage of the time to trades and the rest of the traffic to the content purchaser (sponsor).

Good question I am not sure about this. I think the bottom line is that if any content provider tries to crack down on thumbs being made from their content and hosted on thumbnail preview tgps, they will loose half if not all of their future sales. Word spreads fast and nobody wants to buy content from a provider that tries to enforce a copyright that is borderline legit like this is.

FATPad · 04-17-2003, 09:34 PM

Kelly v. Arriba Soft Corp.

Thumbnails are fair use and being lower in size and quality than the originals do not damage the value of the originals.

http://www.law.uh.edu/faculty/cjoyce...e10/Kelly.html

May have been overturned or later changed, but that's the one I know of.

FATPad · 04-17-2003, 09:39 PM

Of course, that was about a search engine that collected hundreds of thousands of thumbs indiscriminately from the web.

It also doesn't address the issue of skimming.

So ask a real lawyer. ;)

rowan · 04-18-2003, 01:58 AM

Quote:

Originally posted by Spice

Thanks for your insight Choker.

To add a question to your remarks, most TGPs skim off to trades, so does that then change the aspect of the content use then if the links are skimmed a percentage of the time to trades and the rest of the traffic to the content purchaser (sponsor).

I see plenty of CJ1s using sponsor content for thumbs. This is a pretty clear cut case, since you will never ever see the sponsor gallery by clicking on that thumb...

In all other cases, I would say that the sponsor would take the view that the webmaster is promoting them, and surfers that click on the thumb want to see more of that content. Even with skimming they will still get a bunch of reasonably targeted (as in - the surfer likes the look of one small image) traffic to their hosted gals.

04-17-2003, 06:00 PM	#1
Spice Registered User Join Date: Feb 2003 Posts: 83	Copyright Infringements With TGP Thumbnails Ok, here's an interesting question. If you have a TGP and post submitted thumbs and thumbs from hosted galleries that you use, is that considered copyright infringement AND on that point, there's HUNDREDS of TGPs out there that do it, so does that mean that they're all illegal ???

04-17-2003, 06:04 PM	#2
ZoiNk Confirmed User Join Date: Feb 2002 Location: Canada Posts: 2,370	In one word, POSSIBLY. A lot of licence agreements I have state the certain % that can be used by others in exchange for traffic. If for example, it gets exceeded, that is a violation of the licence agreement. If the agreement forbids then, then it is copywrite infringement. Now, the people listing non-licenced content as a thumb are as much at fault as the gallery poster (IN MY OPINION). Others will probably disagree though. ZoiNk __________________ "People can have the Model T in any color - so long as it's black." - Henry Ford

04-17-2003, 06:11 PM	#5
drunkdollars Confirmed User Join Date: Apr 2002 Location: Club Drunk Posts: 2,734	I think google wons some case where they could show preview thumbnails without it being considered Copyright Infringements. I would think the same would apply to tgps __________________ SIGS ARE GAY 98055668 icq

04-17-2003, 06:13 PM	#6
Babaganoosh ♥♥♥ Likes Hugs ♥♥♥ Industry Role: Join Date: Nov 2001 Location: /home Posts: 15,841	It's legal as long as they are thumbnails. The court ruling was a little vague on what was considered a thumbnail but it's still legal. __________________ I like pie.

04-17-2003, 06:32 PM	#9
Pete Confirmed User Join Date: Jan 2001 Location: Mr. Rogers Neighborhood Posts: 6,617	You cant reproduce any image that you dont own the rights to. Thumbnail or not...you dont own it. __________________ Evoke Electronics

04-17-2003, 06:07 PM	#3
StupidNewbie Registered User Join Date: Apr 2002 Posts: 864	tgps follow rules?

04-17-2003, 06:09 PM	#4
cosis Confirmed User Industry Role: Join Date: Aug 2001 Location: Beach Posts: 5,281	probably not 100% legal but it ain't gonna stop anyone

04-17-2003, 06:15 PM	#7
foreverjason Confirmed User Join Date: Mar 2003 Posts: 1,452	we need an inhouse lawyer here

04-17-2003, 06:18 PM	#8
Spice Registered User Join Date: Feb 2003 Posts: 83	Actually, the reason why I'm posting this is because I just got 2 emails forwarded over from my host that APIC sent them about me using copyrighted thumbnails on 2 of my domains A couple of the thumbs were from submitted galleries, a couple were made from galleries that I got from a couple of my sponsors which I asked if it was ok to do and they said that I COULD make thumbnails, so who knows.

04-17-2003, 06:51 PM	#11
Choker Confirmed User Industry Role: Join Date: Apr 2001 Location: Orlando Posts: 9,024	If your license says you are allowed to make a banner from the content, a thumbnail is a banner used to promote the content you purchased. License agreements do not say that banners made from your content cannot be on other peoples servers. As long as they use that thumbnail to promote YOUR stuff then you are cool. __________________ ICQ me lets make a deal 116894466 Need dating, cam, or tube traffic? I got it.http://http://www.chokertraffic.com The Original http://www.chokertraffic.com/ Premium country pop-unders from $1.50 per k. I challenge you to compare this traffic to any other brokers. http://www.chokertraffic.com/public/tabs.php?t=o

04-17-2003, 07:54 PM	#13
Brujah Beer Money Baron Industry Role: Join Date: Jan 2001 Location: brujah / gmail Posts: 22,157	IF you decide to reply to him at all: Tell APIC to fuck himself. Send him copies of rulings (there are at least 2 now) that show federal court ruled thumbnails are not subject to copyright. Then, DO NOT BUY anything from anyone promoting APIC. __________________ Free Premium Domain Lists and Tools at Clickmojo.com For Sale: Obscenity.com

04-17-2003, 08:41 PM	#15
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	Only reply to certified mail or mail from a goverment agency.

04-17-2003, 09:34 PM	#17
FATPad Confirmed User Join Date: Oct 2001 Posts: 6,693	Kelly v. Arriba Soft Corp. Thumbnails are fair use and being lower in size and quality than the originals do not damage the value of the originals. http://www.law.uh.edu/faculty/cjoyce...e10/Kelly.html May have been overturned or later changed, but that's the one I know of. __________________ <a href="http://www.adultcontent.co.uk">Adult Content UK - Great British Content</a>

04-17-2003, 09:39 PM	#18
FATPad Confirmed User Join Date: Oct 2001 Posts: 6,693	Of course, that was about a search engine that collected hundreds of thousands of thumbs indiscriminately from the web. It also doesn't address the issue of skimming. So ask a real lawyer. ;) __________________ <a href="http://www.adultcontent.co.uk">Adult Content UK - Great British Content</a>