Does Anybody Know These Guys?
 

I just received this nasty letter from them. Felony conviction for one pic? That doesn't sound quite right to me!
Anyways input would be appreciated.
DH

I am writing to you in regards to your website at your site ****** and concerning the infrindgement of copyright and theft there of. Including but not limited to FELONY copyright infrindgement as it concerns the image located at **********

This image will be IMMEDIATLY removed from your servers or we will pursue this matter further using all legal means at our disposal. A process which will ultimatly prove to be lengthy and costly to you. To avoid any such action we are currently demanding that you remove the image immediatly.

Please refrain from responding to us about how you did not personally steal the image but how it was submitted to you. It will not matter to a judge. The image is on both your site as well as your server therefore YOU are responsible for the image.

Again your immediate attention in this matter is in your best interests. Respond to this notice as soon as you have complied with this cease and decist notice.

With Regards
DesJardin Foothill
The Big Kat
866.528.6969
Black Kat Network LLC
http://www.blackkathosting.com Managed hosting for as low as $0.50 per GB.

sounds like your fucked lol good luck

big fucking deal. BOO HOO YOU HAVE 1 IMAGE. would i just love to get a hold of people like that.

You're not fucked. If you don't own the image, then remove it. If you own it, tell them to fuck off.

Maybe it's just a new way to spam - sounds like they would like you to host with them! :1orglaugh

What is the image?

Well the infringing pic was of 2 cops posing with a chick who was flashing. The pic was one of the first I added to my site 2 1/2 years ago. In all honesty I do not own the copyright to the image it was submitted by one of my surfers. But I just found the letter to be kind of heavy handed.

DH

The pic probably isn't that big of an asset to your site. I'd just remove it and forget about it.. Don't bother replying to them. No need to..

You should use the picture as you background image for the
site.... send them a nasty response with lots of insulting phrases
such as "just try it biatch" and "come and get me punk ass".. and
my personal favorite "go fuck yourself"... but thats just me

:2 cents:

D1

I've had people try and tell me that they owned copywrite to content I have licene to since they had stolen it and put it on their site. I love guys like that, their sponsers usually send me their commission checks when I catch them.

i'd give the guy a call

what do their sponsors have to do with you and content they stole?

Now I do not believe this... NO fucking way..

Ask them for proof that they own the rights to the pic. If they can't prove they own the image, tell them they can eat a dick. As soon as they provide proof that they own the image you will have to comply. If they don't/can't provide proof, tell them to bring it on and you will be filing a counter suit for the legal fees you will encounter.

Something you might want to look at is having a law firm on retainer for things like this. It's always helpful to say "speak with my attorney" and have the attorney to back it up with.

Yeah, tell them to show you the documents proving they own that image.

If he can't afford to check his spelling I'd bet that he can't afford a lawyer. I won't even comment on the "grammer" :winkwink:

Reselling Rackshack must be big business..

Well, then, just remove the freaking picture! :-D I think I know who you are talking about, in fact, have seen the actual picture. However, why risk a lawsuit? Take the picture down, e-mail the guy back and you are done with it. Can you afford to take someone on if you dont know who it is?

I like the fact that he spammed ya in a the message.

I say signup for his service and put the image on his
server, then it's his problem.

If you don't own the image, just take it down. That would take care of the problem. Or, offer to purchase the image/image set, so they leave you the fuck alone.

I know of these people and they are seemingly very nice and are respected in the amateur community. They run their own amateur site, so the pic was probably of his wife/girlfriend. From experience, it's usually very hard to get people to remove images, so the 'heavy handed' letter is most likely due to that. He's probably not used to dealing with honest people. Don't take it personally ; )

sounds like morons in paradise. a bunch of nonspelling no grammar mother fuckers. btw it's my brother-in-law.:winkwink:

If you don't own the copyright to the pic, it shouldn't be on your site in the first place. In the larger scheme of things however, it would cost this guy a lot of money in attorney's fees to go after you, so it's no likely that he's going to pursue extensive legal action if you decide not to take the pic down.

Yes, the letter is a bit rough. However, your using a picture that isn't yours. I find our pictures everywhere on the Internet. I send one warning email, and ask that the picture be removed the next day.

If it isn't removed I go to war. I forward it to our attorney, and I also CC: their host and any sponsors.

You can't post a picture because someone sent it to you; You can only post a picture if you shoot it yourself and have a model release or you bought from a content company.

He needs to gice you some sort of proof that he has the copyright on this image. Otherwise Tuff Shit

I love receiving legal threats with misspelled words. If not for all the morons running businesses on the web I would probably lose my mind. It is important to laugh a couple of times everyday.

That said after they provide proof I would take the pic down. It sounds like they are ready to make this the focal point of their existence.

The spammy aspect of the 'threat' is very humorous however. Makes them look like true amateurs...

LD

Here's the deal. The image is stolen. It does not belong to you. So remove it immediatly. The use of a copyrighted work becomes a felony when there is removal of the copyright brand. Did the image have one? Do you know?

Though cases such as these are usually very long and drawn out at great expense it is almost always the deffendant who ends up paying.

In the state of California alone you could be entitled to pay damages of up to $400.00 per offense per DAY, to the model. And I could have it backwards but I believe it is twice that to the photographer, or whoever the copyright holder is. Again per image per day. So you claim to have had that image for 2 years, well you do the math.

And the mere fact that you even got an email was a courtesy. As a rule of thumb they don't have to do that. They can simply file the case in court, and that will be your warning.

And from reading some of the posts here I would suggest that some of you take the time to read up on copyright law and or consult a lawyer on the matter, because a lot of you are waaaaaaaaay off in your thoughts on copyright. Check out http://www.nolo.com if you dont want to get a lawyer.

And what proof do you suggest that someone making a claim of copyright violation present? What proof would you present? What if their proof is showing up in court WITH the model?

Do NOT take this matter lightly. If you are running a site where surfers submit pics or stories be prepared for copyright disputes. Because it WILL happen. The safe bet is to always remove the picture in question if you didnt buy it or take it. Some of you have made smart ass comments but be warned you wont find it so funny if it happens to you. And it COULD. Not everyone is willing to give the benefit of the doubt and approach you first.

The last time I read about an issue like this it cost over $60,000.00 just in legal fees to the defendant. Not to mention paying the plaintiff's lawyers their $300.00 an hour check, PLUS damages for the use of the picture. Which I think totalled something like $115,000.00. Which one of you is certain that you want to take that chance?

Then there are the concerns in the US over 2257 compliance. Without that its 2 years in jail / prison for each count. It's just not worth messing with people when it comes to something like this, ESPECIALLY if you know that you don't own the pictures. And a person doesn't have to be a large company to destroy you.

I suggest removing the image and do contact who ever sent you the email letting them know that you have done it. They showed you a courtesy, it's good business to return the favor.

Remove the image, then add it back next week.

I say fuck em.:321GFY

If you are putting up "submitted" photos, you must be the stupidest idiot on the Internet, because you don't have a license, you probably wouldn't know how to prove that the photos were released, and you probably don't have access to age documentation (because you neither have it yourself no know who does have it).

Well, actually, if someone does have license to use a photo, they should have it on file. In some respects, it's more difficult to prove that you own copyright to a photo then that you have the right to use it, since when you license a photo, you have a license to show.

99.9% of the time, if someone writes you that you are using a photo without permission, they wouldn't bother unless they actually did own the photo (otherwise, most people would have a better use of their time...I for one would rather be shooting naked girlie pics than writing threatening e-mail, but I'll do so if I find a blatant infringer).

On the other hand, since this photo is rather clearly pirated, it should be taken down and you should apologize for using someone else's property without their permission, just as if you'd "borrowed" a neighbor's lawnmower without asking.

Take a lesson from this: when you use photos without permission, you are isolating yourself from some of the legal defenses you'd have if you were using the photo under license.

For one thing, if there were to be a question about a model's age, how would you get the proof of age? And if you found out who had the proof of age, why should he show it to you? He has no obligation to you!

If you recieve a notice claiming that a photo you are using is stolen, and you don't own the copyright or a license then your best bet is to just take it down.
There are so many people giving away free content that it seems silly to want to use illegal photos.
In reality they don't have to even prove that they own it to complain to your ISP and any companies that pay out to you.
Because you've posted the image, you are the one that has to prove that you legally have the right to use it.
Its not worth ending up in court when you already know that you have no legal leg to stand on.
Just remove the damn thing and be more careful in the future.

It's nothing but a clever spam for a hosting company... reply with GFY in the subject...

If that is what you think it is, then 1 you have obviously not been reading. And second that has got to be one of the most dangerous attitudes yet. In thinking the way you do were you to run a site like the one I believe is in question you would eventually find yourself in court.

People are not playing when they tell you to remove their images. ESPECIALLY when one KNOWS full well that they do not own the images.

Here is the original photo in question http://www.djandnikka.com/sfpd.jpg And they have been known to go to court over things like this, and win everytime. They are extremely protective of their property, as well they should be.

Someone suggested removing the photo and replacing it the following week???? What are you thinking. That is a SURE way to get yourself into hot water. Just comply, remove the images, let them know you did it and be done with it.

Hell Rotton.com had that image posted and removed it immediatly. Why shouldnt you?