Suing a site for taking glitters (customs) paid for by me

[webtracker]

There is a particular site, "sites" actually and all owned by the same person, that has taken a few of my glitters. The first time I just ignored it, but now I see a few more of my glitters popping up on his site. ALL the graphics and glitters on his site, from what I gather, have been ripped from Google searches and other sites. The graphics have had their tagging removed.

I've sent a few emails and so far they have gone unanswered; graphics are still in place.

I'd like to make an example of this particular site and I'm prepared to take them to court if I have to.

Has anyone had any experience with this sort of thing? Are there steps I need to take before getting a lawyer involved or tackling it myself in small claims court?

Thanks

[Kasami2k4]

DMCA action, but unfortunately you have to have proof that the glitters are yours.

[xbeautifuldorkx]

Personally, i think u need to wait to hear from someone. They could always claim someone else sold them to them (which is possible)

[Kasami2k4]

Yeah Briana, but that excuse is more worn out than paris hilton. Of course, there are the 5% that are actually honest about it! The original files that made the glitters would most definitely be proof enough, and I've heard that its like 15K to START a case if they're overseas.

[Jordan]

would it even be worth the time, effort and money put into it - IF you won the case?

[Kasami2k4]

I think he wants to spite him m8.. Teach the guy a lesson..

[ituhitam]

i think you better contact the hosting first. i am afraid it's not worth it to sue them. are they big company? what is the site? it makes difference..

[Scilynt]

It would be nice to make an example out of one of the thieves that are completely arrogant and flat out admit they steal content but it would take some effort. The main part would be to make sure and be able to prove they got it specifically from your site. Best way to do that is to either have very speicif images made just for your site from a trustworthy desigenr who will then delete them from their own drive, or better yet make them yourself. Another option would be to watermark (not tag but the old definition of "watermark" which can be a "hidden" signiture that isn't obvious but traceable if you know about it. Then even if you buy content that is tagged and they remove your tag you can still prove they stole it from your site.

It would be a good idea to make sure those images are not made with trademarks or copyrighted imagery and original creations. And make sure you get "reciept" from the designer showing you bought and paid for the rights. And of course a message on your site claiming copyright (though it would stand anyway) and that you offer no rights for commercial users and that users are only allowed to use your content on their personal profiles and not allowed to remove logos/tags.

Depending on how big the asshats network is and how much they have made off their sites it could be worth it...beyond just teaching the punk a lesson. Most scammers and thieve put in quite a bit of effort and are driven by money so could turn out they have earned enough off stolen content to make out.

There might even be enough site owners pissed off enough about that crap to chip in for legal representation lol ;). I mean once there is some kind of precedent set it would make it a lot easier for other site owners to sue thieves too. Just takes someone with the resources and drive to follow through with it since most people end up just complaining and threatening but rarely following through with it unfortunately.

[nina]

I seriously support you. :)
Stupid ****ing stealers!

[Kasami2k4]

LOL NINA! DIRTY MOUTHED GIRL!

I also support you.

[webtracker]

DMCA action, but unfortunately you have to have proof that the glitters are yours.

They were made by someone here... Still need to see if they kept the originals but it was one-use-only custom work. I'm confident that they were not sold to anyone else.

[layoutcentral]

Maybe the designer you bought the customs from re-sold them?

[webtracker]

i think you better contact the hosting first. i am afraid it's not worth it to sue them. are they big company? what is the site? it makes difference..

Contacted hosting. They are being very cooperative and have relayed my message to the site owner. I'm to contact them again if I don't get anywhere. :)

One of the sites is at the top of this Google results query:

http://tinyurl.com/2n48p7

http://www.dnscoop.com/ shows a list of several of their other sites on the same server; most of which ALSO have the same graphics from my own site.

[webtracker]

Maybe the designer you bought the customs from re-sold them?

No, I don't think so. Plus it's pretty obvious where the the tagging was removed, and I tagged them myself.

[Andrew2]

I think the site that needs to be sued for first would have to be mygirlspace.
If it's worth the trouble suing that spanish site, then yeah...I agree with everyone that it should be done, It would be a great example that designers aren't lower than site owners.

[webtracker]

It would be nice to make an example out of one of the thieves that are completely arrogant and flat out admit they steal content but it would take some effort. The main part would be to make sure and be able to prove they got it specifically from your site. Best way to do that is to either have very speicif images made just for your site from a trustworthy desigenr who will then delete them from their own drive, or better yet make them yourself. Another option would be to watermark (not tag but the old definition of "watermark" which can be a "hidden" signiture that isn't obvious but traceable if you know about it. Then even if you buy content that is tagged and they remove your tag you can still prove they stole it from your site.

It would be a good idea to make sure those images are not made with trademarks or copyrighted imagery and original creations. And make sure you get "reciept" from the designer showing you bought and paid for the rights. And of course a message on your site claiming copyright (though it would stand anyway) and that you offer no rights for commercial users and that users are only allowed to use your content on their personal profiles and not allowed to remove logos/tags.

Depending on how big the asshats network is and how much they have made off their sites it could be worth it...beyond just teaching the punk a lesson. Most scammers and thieve put in quite a bit of effort and are driven by money so could turn out they have earned enough off stolen content to make out.

There might even be enough site owners pissed off enough about that crap to chip in for legal representation lol ;). I mean once there is some kind of precedent set it would make it a lot easier for other site owners to sue thieves too. Just takes someone with the resources and drive to follow through with it since most people end up just complaining and threatening but rarely following through with it unfortunately.


Thanks for the info Scilynt. Right now, assuming this person is local to my own state, I'll go the route of filling a judgement against them in small claims court; if it gets that far.

[Nora]

Is it really worth suing people over glitters? Think of all the money you'll lose.
There must be another way you can stop them like contacting their host or image host.

If you win a case you could probably ask back lawyer fees but would you really risk that?

Usually a scary email is enough. Hope it works out for you :)

[rescreatu]

I think the site that needs to be sued for first would have to be mygirlspace.
If it's worth the trouble suing that spanish site, then yeah...I agree with everyone that it should be done, It would be a great example that designers aren't lower than site owners.
How many graphics has mygirlspace stole?

[Andrew2]

Probably thousands, Upon thousands. They also hotlink and steal layouts.

[rescreatu]

Probably thousands, Upon thousands. They also hotlink and steal layouts.
How big are they? I've never heard about them up until now.

[Andrew2]

I don't know, I'm just one of the many people who have stuff stolen by them.

[Kasami2k4]

mygirlyspace is as big as freecodesource - same owners.

Theyve stolen my crap so often.. I changed the crap they hotlinked to something that could be rated Ultra porn :(

[cdog]

I don't know, I'm just one of the many people who have stuff stolen by them.

http://mygirlyspace.com/myspace-layouts/preview.php?id=L761232276

[Andrew2]

Exactly :-/
My names on there and my url so... :-/ Why do they bother.

[tacoflavoredkisses]

thats so lame. -__-
why cant people just make their own stuff.
the image even says made by andrew 2 >.<

[alltheRAGE]

thats so lame. -__-
why cant people just make their own stuff.
the image even says made by andrew 2 >.<

Wow, what a hypocrite.
Wasn't it you who took my site layout, coding and css a few months ago and put it up on lifein-digital.com?

[wakeboardr99]

I think contacting the hosting company was the right thing to do. If you want to pursue legal action you must first register the copyrights for the glitters. You could probably do a compilation on a cd so you only have to file one time, but you better consult a lawyer.

As long as you have complete ownership of the glitters (meaning no works based off of other works) and they do not have a system where they allow users to upload images (your glitters) that are immediately shown on the site without their control or oversight then you probably have a strong case, but this should not be taken as legal advice, consult a lawyer :) Oh, and yes, unfortunately, copyright litigation is extremely expensive.

[Melfina]

Yes, contacting their hosting is the first thing that should be done.

There's also something else that can be done and can hurt those sites, but I don't know if it works for stolen graphics... I know it does work for copied pages (mainly text I mean): you can send a formal letter to google requesting them to stop indexing certain pages because they violate your copyright. I read it at the google help, or some google page... unfortunately I had to format my computer and I lost my bookmarks... I can't seem to find the page again.

[DesiNet]

http://www.google.com/dmca.html

[NYCBORN]

You want to sue for $2 glitters? Lawyer fees alone will kick you in the ***. Just file a DMCA complaint and notify the site.

[NYCBORN]

Not only do I find it foolish that you want to sue but the fact that most sites are violating copyright in some form by posting content that is trademarked by other companies. Hello Kitty, Mickey Mouse, Bugs Bunny the list goes on and on. How many times have I seen glitter using those images on sites.

[Kyle]

This is a joke. Nobody in their right mind will spend thousands of dollars to sue someone over glitter graphics.

I dropped out of law school to be a webmaster, but I still know a bit. You are going to have to prove they cost you x amount of dollars. Then you can try to get that back... how much $ did you really lose?

Exactly.

[almir]

Not only do I find it foolish that you want to sue but the fact that most sites are violating copyright in some form by posting content that is trademarked by other companies. Hello Kitty, Mickey Mouse, Bugs Bunny the list goes on and on. How many times have I seen glitter using those images on sites.

Thats something that always come on my mind when I see these kind of threads

[Scilynt]

Not only do I find it foolish that you want to sue but the fact that most sites are violating copyright in some form by posting content that is trademarked by other companies. Hello Kitty, Mickey Mouse, Bugs Bunny the list goes on and on. How many times have I seen glitter using those images on sites.The music industry has been pretty good about suing people for illegally downloading their songs while breaking the law at the same time with the pricefixing of cds. Also, just because you catch someone trying to break into your car, if you steal their wallet and keep the money inside you are breaking the law as well. Silly I know but that excuse of "well you are stealing anyway so I can steal from you" always bothered me. I admit I have some imagery on my site that the copyright owners may not approve of but I am ready to pull it down the instant they request it but that doesn't mean that 85% of my content that is created by someone, meaning no copyright besides theirs and mine as content owner, is up for grabs for anyone that wants it. I think what annoys most of those that have had their content stolen is more the arrogance the thiefs have and don't follow request to remove content when asked.

This is a joke. Nobody in their right mind will spend thousands of dollars to sue someone over glitter graphics.

I dropped out of law school to be a webmaster, but I still know a bit. You are going to have to prove they cost you x amount of dollars. Then you can try to get that back... how much $ did you really lose?

Exactly.
Yeah, it would be a silly lawsuit but for someone that continues to be ripped off it might feel good lol. And I don't think it would be too hard to make the value of the stolen material add up really fast. Like again with the music industry, they seem to be able to charge people x amount of dollars for every download that they assume they lost revenue from regardless if that person that downloaded it would have paid the cash for it in the first place. So with glitters for example, someone that sued could claim they lost x amount per impression because of the theft and such. It would be silly and frivilous just like the annoying music industry but would also be nice to set precedent which would help make the thieve realize they can't just get away with it and laugh all the way to the bank lol. Saying that I really doubt anyone bother going through with it and probably a waste of time in the end. But it's like that same feeling that you wish you would just happen to catch the punk kid right when he is trying to break into your car to steal your deck for the 3rd time.

[minnseoelite]

if they dont remove them after being requested to do so have their host shut them down and report them to adsense. im sure loosing their adsense accout with the traffic they are getting would hurt them more then getting sued over some glitters.

[sweet2685]

I totally agree with you! Is there anything on their site that isn't stolen? :online2long: :eek:


I think the site that needs to be sued for first would have to be mygirlspace.
If it's worth the trouble suing that spanish site, then yeah...I agree with everyone that it should be done, It would be a great example that designers aren't lower than site owners.

[pookie]

Webtracker - those custom graphics are still on my HD but none were sold to anyone else

[webtracker]

Some of you get this some don't - that's okay... :)

There is principal involved here. Who cares what the glitters cost. Are each of you ready to sit back and let anyone take your content? I've seen enough sites here with beautiful, yeah that's right BEAUTIFUL graphics on them; most created by the owner of the site. I would hate to see the same thing happen to them.

That said...I'm not a lawyer and have limited knowledge on the particulars of Copyright law. I don't see this as being "expensive". I would try to file a small claims suit and would defend myself. I would also be willing to spend a couple thousand to make an example of this person. Like someone said, it would be nice to set a precedent for this sort of thing. For clarity sake, we're talking about a glitter graphic that I had commissioned here on Myspacepros by a designer. The graphic was custom and implements generic clipart, my phrase, and their creativity; color, size, positioning, etc... A logo and Copyright symbol appeared on each graphic and in all cases they have been removed.

With regard to compensatory damages, how about the fact that my copyrighted work has had their logo/copyright symbol stripped from the image and they are now freely making rounds across the internet? How many more sites can now get their hands on those particular images?

Anyway... here's the latest email from this person. Remember, I'm refering to custom work created for me by an individual in this forum. If anyone can help with the details of the email I would appreciate it. Anything jump out at you?:

http://img34.picoodle.com/img/img34/5/12/3/f_letterm_30a744a.gif

[Kasami2k4]

If someone reports a youtube video for being copyright, it has to be removed instantly. tinypic, photobucket and imageshack also follow these rules. As site owners, they are responsible. Flags themselves may not be copyright, but if the flag was drawn, or paid for clipart, they don't have the right to use it on their website.

http://whatiscopyright.org

[RKGraphics]

typical copyright response.

i was just telling a few people that we can gather together and make up a mailer, and send it to as many sites as possible just stating that we're serious and we're not gonna tolerate it anymore.

[NYCBORN]

Interesting response. How would you take this person to court on copyright issues when you yourself are violating copyright of other companies? Seriously though I'm not saying you don't have a right to be upset. I'd be upset too. I don't think many people on these forums are very realistic about the content they have on their sites.

[geg2]

Omar, if I had Mickey Mouse glitters and I could prove that you took them from my site, the fact also remains that you would also be just as guilty of having Mickey Mouse glitters on your site too.

That does not negate the fact that you stole content from my site, which would be the basis of my lawsuit.

(All hypothethically speaking)

[RKGraphics]

well the challenge is set. somebody with the smarts needs to look in to making an example of the sites that are doing this, thus setting a precedent on such issues.

a strong effort to do so can make a difference. as a designer, i purchase images to do customs, which are edited to the buyers needs. they pay good money, i spend a lot of time on them. there's NO reason i should sit back and let sites just remove the tags and allow this to happen.

i agree with the principle of the matter. its happening with gens, scripts, layouts, graphics. something can be done. but we can't make any sort of a dent if everybody just throws their hands up and says "its to be expected" or "this is a joke right".

i hope those of you who are saying its impossible are also people who have spent tons of money on custom content just for it to be ripped. or are designers that have spent lots of time and money on content for it to just be ripped.

i myself will be doing research on everything. i either need to do something about it, or quit complaining or get out of the business.

[webtracker]

Interesting response. How would you take this person to court on copyright issues when you yourself are violating copyright of other companies? Seriously though I'm not saying you don't have a right to be upset. I'd be upset too. I don't think many people on these forums are very realistic about the content they have on their sites.

Hi NYCBORN...

I really don't think it's relevant. I don't see them going into court and using as a defense that because I have Copyrighted material on my site (i.e. the Playboy bunny symbol, a Disney character, etc...) that they are oblivious to Copyright law themselves.

The issue here is with MY own graphics. It has nothing to do with either Playboy Enterprises or with Disney. Violations that I may or may not be committing are between me and them and not this third party.

Look up Red Herring fallacy

Any judge would pick up on that right away; I hope :)

[RKGraphics]

just to add, i contacted a site regarding customs i made, that were edited and tagged over. they gave me a lecture on how my site has a ton of images that are in violation of copyright. i politely responded to them that that is my own issue. and that the issue with them is that they took images from a site that were not custom made for them.

the argument isn't that we all have violated copyrights...its sites going around taking images that are clearly tagged for that site. now there has to be some kind of law that protects the content in that scenario.

[minnseoelite]

i get what your saying about your customs tina. not to put down the other designers but you are one of the few designers here that purchase the images they use and pay attention to the terms for using the images. I could probably dig up dozen threads where the designer has made images that are against the artists usage terms that someone another member brings to the treads attention and those same designers are the ones complaining about people stealing stuff they didnt have the right to use in the first place.

any member here that has disney images on their site and generates income from that site is a thief and liable for a law suit. as for a law protecting stuff that you made i don't think you're going to get to far unless you either made the image and original works that the images were made from or if you have purchased exclusive legal rights to those original works that the images were made from

[rizza]

Give me a break. I understand the point that you make something then someone else steals it, thats wrong. But bringing unwanted attention to this business would be the dumbest thing you could possibly do. When you bring the law into something like this there is no turning back and it will just open the doors up for more lawsuits. If all you can do is complain about a couple thousand dollars worth the stolen glitter graphics then PLEASE PLEASE find a new business.

Also regarding copyright images within graphics, layouts, etc. wallpaper sites have been around since the beginning of the web it seems haha. Theres something called "fair use". It's basically fair use to use these images unless you were using them to say make mickey mouse porn. I posted a link to a story regarding this before. A married couple were using copyright images such as MLB logos and cartoon characters on homemade pillows. A hand full of HUGE corporations tried to sue them and all of them backed down.

Just by making all this hooplah in these forums is pretty dumb. You don't know who reads this stuff and again your just bringing unwanted attention.

[geg2]

But who's suing whom here? Not Disney against one of the resource sites. It's a lawsuit of one resource site against another resource site.

So how does Disney enter the picture if they are not in the lawsuit?

i get what your saying about your customs tina. not to put down the other designers but you are one of the few designers here that purchase the images they use and pay attention to the terms for using the images. I could probably dig up dozen threads where the designer has made images that are against the artists usage terms that someone another member brings to the treads attention and those same designers are the ones complaining about people stealing stuff they didnt have the right to use in the first place.

any member here that has disney images on their site and generates income from that site is a thief and liable for a law suit. as for a law protecting stuff that you made i don't think you're going to get to far unless you either made the image and original works that the images were made from or if you have purchased exclusive legal rights to those original works that the images were made from

[Connections]

Contact them via phone or letter first.

If still no reply start dcma then litigation.

[geg2]

Instead of dumping Adsense for a day, we should all donate our entire Adsense earnings for one day to a legal fund to take care of matters like this.

I'd rather that a legal expert win the argument for us than for us to debate all week about the merits of this lawsuit when we aren't lawyers.

[NYCBORN]

I find it interesting. Good luck with it I hope you win.

[minnseoelite]

i get what your saying geg2 it was an example hypocritical (http://en.wikipedia.org/wiki/Hypocrisy)

anyways good luck

[RKGraphics]

Give me a break. I understand the point that you make something then someone else steals it, thats wrong. But bringing unwanted attention to this business would be the dumbest thing you could possibly do. When you bring the law into something like this there is no turning back and it will just open the doors up for more lawsuits. If all you can do is complain about a couple thousand dollars worth the stolen glitter graphics then PLEASE PLEASE find a new business.

Also regarding copyright images within graphics, layouts, etc. wallpaper sites have been around since the beginning of the web it seems haha. Theres something called "fair use". It's basically fair use to use these images unless you were using them to say make mickey mouse porn. I posted a link to a story regarding this before. A married couple were using copyright images such as MLB logos and cartoon characters on homemade pillows. A hand full of HUGE corporations tried to sue them and all of them backed down.

Just by making all this hooplah in these forums is pretty dumb. You don't know who reads this stuff and again your just bringing unwanted attention.

you give ME a break. and i dont know who you are addressing this to, but my graphics are not "glitter" graphics. i have legit use of my images. people paid for these. my argument is that we are just letting the sties get a way with this. i dont care if it goes to court or not, but something needs to be done.

i swear to god, when some script writer comes on and says somebody stole their script then everybody is on top of it. but when it comes to graphics, it doesn't matter. i could easily steal somebody's coding off their site and pass it off as my own and not get in trouble. but nobody here stands for it right....so why should the designers just sit back and take the crap the rest of you give us. there are some designers that deserve it. but i put money into the **** people buy from me...this includes HEADERS for some of your sites, logos, corner tags....im quite offended that you would say its unwanted attention. maybe by you, maybe you have stolen content yourself and want to protect your ***. idk. but even if it had nothing to do with resource sites, the principle still remains.

[minnseoelite]

i agree any designer that purchased rights or obtained rights from the artist to the images they use should be looking for ways to protect their and their customers images. my statement was only directed twards those that just go around and collect images off other sites, DA, google images ect without first getting permission to use them.

[Kasami2k4]

COMPLETELY agree with Tina on this. I couldn't have worded it better or added anything myself actually.

[geg2]

Well the title of the thread is customs so perhaps the lawsuit does have merit, provided these customs are pretty original or have purchased rights.

The fact that there is Playboy or Disney stuff on someone's site is just a distractor argument. Playboy and Disney have the lawyers to go after resource sites.

[Scilynt]

Pretty annoying reply from them in the letter. It's obvious they think they can get away with it but also shows they worry you may be serious and they claim they have taken action to protect themselves. Then they go on to try to threaten you, indirectly, about your own content. They don't want to be proven wrong and be sued anymore than anyone else and they are just trying to talk you out of it lol. They even go so far as to try to scare you into thinking it will cost more "when" you lose because they will counter sue for legal fees lol.

Their "ornamental text" thing is a non issue. It would be up to the courts determination what constitutes "ornamental text" and what constitutes art. I tend to think most "glitters", even if only having prases/words, would be considered art works and negating the "ornamental text" thing they seem to feel protected by. How are comercial fonts protected btw (not related but curious)?

They spend time trying to threaten you about being reported for using copyrighted images on your site as well. They may have a point as far as those images but it has nothing to do with them stealing your content. And as mentioned already, it would be pretty funny for them to try to use that as a defense lol. If those companies decide to take you to court on their own then that would be a seperate case and unrelated to you cases outcome.

It's also funny how they "name drop" trying to make you think you have no options. If it's true they have "friends" at adsense and adsense ignores your complaints about copyright on their sites then guess who also becomes liable...yeah google, and those "friends" that helped look the other way ;).

These guys not only think they can get away with anythying, they have the nerve to remove your copyright and put their own tag on it.

I'd be down for donating to the fund to take this to court. Yes I know it's a sticky sittuation and all resource sites probably have something questionable about them but it really pisses me off when asshats like this think they can get away with doing whatever they want and then spit bs trying to scare you away. They may actually think they are right and have the right to do what they want so it would be nice to make them an example and set precedent with a case against them. Would definitely make the flat out thieves think twice about doing it in the future and trying to use the "user submitted" excuse and such.

[RKGraphics]

i think there needs to be clarity as to what we're trying to say. its not about what is contained in the images. whether or not they violate copyrights. its the fact that sites are shopping on our sites for content and tagging over the content. whether or not the image itself violates some sort of copyright is irrelevant.

[rizza]

you give ME a break. and i dont know who you are addressing this to, but my graphics are not "glitter" graphics. i have legit use of my images. people paid for these. my argument is that we are just letting the sties get a way with this. i dont care if it goes to court or not, but something needs to be done.

i swear to god, when some script writer comes on and says somebody stole their script then everybody is on top of it. but when it comes to graphics, it doesn't matter. i could easily steal somebody's coding off their site and pass it off as my own and not get in trouble. but nobody here stands for it right....so why should the designers just sit back and take the crap the rest of you give us. there are some designers that deserve it. but i put money into the **** people buy from me...this includes HEADERS for some of your sites, logos, corner tags....im quite offended that you would say its unwanted attention. maybe by you, maybe you have stolen content yourself and want to protect your ***. idk. but even if it had nothing to do with resource sites, the principle still remains.

The title of the thread states "glitter". I was addressing the title. Like I said it is wrong to steal, but the law shouldn't be brought into this. If theres away to do so without bringing attention to this business then by all means go ahead, I see nothing wrong with that. When I say unwanted attention, I mean this business already has too much exposure why give it more? No, I have better things to do than tag over stolen images and steal content. Like run a business. It may have came off like I was defending the people stealing but that is not my intent. I'm simply defending the business and myself from unwanted attention. Every time someone opens a site that takes money out of the market for me.

[minnseoelite]

sorry if a fund gets started for this you all are on your own. not that i dont care or think it sucks but i don't see the point in wasting the courts time or tax payer dollars over this. the last thing our already stretched court system needs is to become clogged with hundreds of resource site owners taking each other to court over something that can easily be handled on their own.

take a site to court thats making hundreds or thousands of dollars a month in this niche over $50 or $100? so you win and they have to remove them and maybe pay you a little cash, then what they go back to doing their thing and making money. if you want to teach them a lesson hurt them now and in the long run go after their adsense and VC if they have it

[Kasami2k4]

That guest was me!! I didn't log in >.> But I logged in to bring up that your harddrive, or any harddrive for that matter writes the creation date into each graphic on itself.

so you make a graphic, the harddrive will write it down.. right click a graphic, go to properties itll tell you when it was created / modified etc

[geg2]

If this case is lost as far as the owners of the site with the customs, I'm going on a "shopping spree" and saving a boatload of money. I won't have to pay the designers of MSP what little I pay them now anyways.

And what basis would the mods have for banning me if the courts won't stop me?
It wouldn't matter if I'm banned since I know where all the goodies are for the taking.:devil2:

[Andrew2]

He's just trying to make a point. :)

[nina]

Well, good luck, Webtracker. D:

If this case is lost as far as the owners of the site with the customs, I'm going on a "shopping spree" and saving a boatload of money. I won't have to pay the designers of MSP what little I pay them now anyways.

And what basis would the mods have for banning me if the courts won't stop me?
It wouldn't matter if I'm banned since I know where all the goodies are for the taking.:devil2:

rofl

[RKGraphics]

well im saying the same thing. i wouldn't actually go and do it because i have better integrity than that, but if everybody is just going to let it happen....then let the shopping begin. and gens, layouts, scripts are all a free for all too.

[Andrew2]

Might as well steal my identity while you're at it, PM me for my Social Security number :)

I will even send you a lock of my hair, ACT NOW! DON'T DELAY.

[zodiac01]

The only surefire way to beat this and have the grounds to stand up in court is for the designers to actually copyright their material. for those that have rights to make or resell images and have purchased the right to do so.. its a pretty easy matter to do the paperwork and secure your rights legally. for those whos work cannot be copywritten because of obvious violations.. s.o.l.

its a pain in the ***.. (more a pain in the pocket) but without written proof all the way down the line from creation of item/etc. nothing will stand up in court. if you bought the graphics.. they will ask for proof of purchase and may wish to contact the original designer or that designer must submit notorized paperwork stating they created the originals and gave express permission for use. (or whatever the arrangement is) which could be a problem 6 months down the road when the designer has moved on.

with a valid copyright you can march into any court in the country (and maybe others) and start a legal proceeding with very little trouble and many lawyers will jump on it if it is valid and warranted. if it is over a 20 pack of glitters with no real distinguishing artist "touches" and based purely apon fonts/words/stripes/dots/in program effects for the uniqueness.. you could still lose and it cost minimum of court fees and time wasted. if you hold the copyright. its a done deal. you will have the necessary proof they are yours.. and the violator will not. they will show up with a lame story or reason they thought it was ok to use them. it wont matter. they will lose.
its just the way business is done.
may be a pain in the *** for selling of 20 layouts or something. but there are ways to conserve and maybe lessen the monetary burdon. wait until you have a sufficient amount of them and put them on cd... make the proper paperwork for selling/ownership transfers/use and if not copywritten then at least printed out..signed by both parties..faxed..whatever..and notorized. a notary is like 5-10 bucks at most places. there are even digital ways to achieve this. you have to have facts if going to court. on paper from legitimate sources. (the designer, their server, your proof of ownership, etc)
even for intellectual rights.
anything less is just an arguement and speculation.
and arguements can be lost. can be won too.. but you will need to pay a lawyer well to walk into a case he doesnt feel has any merrit.

and sadly if they took down even 10k of these very people stealing with no remorse.. i dont think it would even slow it down. bajillions of dollars are spent trying to stop mainstream movie/music/program pirating and i dont see that slowing up any. but the only ones winning.. hold the copyright.
sad but true..

but on the bright side...
with 1000s of webmasters that live by unscruppulous tactics..
there is a whole niche of overlooked possible clients!


http://img258.imageshack.us/img258/3584/mickeyinfringegz6.th.gif (http://img258.imageshack.us/my.php?image=mickeyinfringegz6.gif)
http://img258.imageshack.us/img258/5927/speedywc1.th.gif (http://img258.imageshack.us/my.php?image=speedywc1.gif)
http://img258.imageshack.us/img258/739/popularyz5.th.jpg (http://img258.imageshack.us/my.php?image=popularyz5.jpg)
haha sorry but i had fireworks open and couldnt resist a quick one :P
http://img258.imageshack.us/img258/382/wd23mt6.th.jpg (http://img258.imageshack.us/my.php?image=wd23mt6.jpg)one more...

feel free to stea.. er copy them and post proudly :)

[Sergio]

Hopefully you get a judge that is familiar with computers. I've heard of some cases that are lost because of computer illiterate people. The judge, the person being sued, and even the lawyer.

[nsmchris]

I agree with Tina. Intellectual property is intellectual property. Doesn't really matter if it is generators, scripts, or graphics. If someone is stealing or hotlinking your content, do what needs to be done to stop them. Ask them to remove it first. If that doesn't work, contact their hosting company. Pretty much all the hosting companies now have legal departments that will instruct you on what information is needed to complete their DCMA forms. You can also contact their advertisers, especially those you already have relationships with. If all else fails and you have the resources then court is always an option. I know that it sounds crazy to spend $$$$'s on graphics, but its the principle not necessarily the outcome.

[Ad disengaged]

There is a particular site, "sites" actually and all owned by the same person, that has taken a few of my glitters. The first time I just ignored it, but now I see a few more of my glitters popping up on his site. ALL the graphics and glitters on his site, from what I gather, have been ripped from Google searches and other sites. The graphics have had their tagging removed.

I've sent a few emails and so far they have gone unanswered; graphics are still in place.

I'd like to make an example of this particular site and I'm prepared to take them to court if I have to.

Has anyone had any experience with this sort of thing? Are there steps I need to take before getting a lawyer involved or tackling it myself in small claims court?

Thanks

it wont be easy. The issue is you need copyrights on your work to prove it is original. In order to win in court you have to prove beyond reasonable doubt those are your graphics.

[blogger]

http://mygirlyspace.com/myspace-layouts/preview.php?id=L761232276
this is publicly submitted content because mygirlyspace allows you to submit layouts. or you could just contact the site and ask them to take it down.

but this is an interesting post, but unneeded overall. the point with using mickey mouse images, mexican flags, etc is making complete sense, because it is not legal to copyright flags but disney does claim ownership on all mickey mouse images, and we all know on all resource sites you can see a re-created mickey mouse or something along those lines graphics.

[NYCBORN]

Pretty interesting article regarding Thumbnails. Guess I'll be making a icon site of all your content pretty soon. .....don't throw stones yet I was just joking.

http://www.labnol.org/internet/pictures/using-thumbnails-of-copyrighted-images-is-fair-use/1882/