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Originally Posted by Gerco
"Gerco, as you raised this alarm (on a public forum), can you please explain the diff in communications? It sounds like Jensen understood the matter to be resolved. Did you send further communications which were left outstanding and unanswered?"
Simple. This is how it's going to be from now on. you use my pictures or my video without my permission, you not only get the DMCA letter to you, your host and a extra to your billing company for good measure, but if it's not resolved on the FIRST attempt, I'm bringing it to the boards. I'm sick of all the places I see my stuff being used illegaly and I'm making an effort to put a stop to it in the most direct and public way possiable. There is NO excuse. How can anyone claim they have "rights" to any image without anything writen from the photographer, the models etc.
You people that are just pulling anything off the net that looks good to you to push your business are going to learn in a public way that this is incorect. I have tried to go the private email way, it does not work. It costs me time and money to issue DMCA letters. It takes time and money to try and track those that are stealing the content. This SHOULD be made public, not just in my case but in EVERYONES. There should be a site dedicated to outing people and companies that are doing this and if someone is busted using stolden content then there should be a place for those others to see that. It just so happens that there is not such site... but there is GFY. Notice how fast things can get taken care of right here. Companys don't want to have there names here in a bad light and will do anything to try and make themselves look better. Fine. At least it's getting the job done. Like I said before. I have others that I'm going to go after next.. a couple bigger TGP'S that like to use my pictures at the catagory holders for thier site... yet don't even have one link to me and have not become part of my affilate program. They will be shown here.. with screen capture proof of the thieft, AND the DCMA letters will go out to them and thier hosting companys. Enough is enough.
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Ok. I think we all get the part that you have zero tolerance for your content being used without your license/permission - that's good and that's reasonable. I share that view as well.
What I don't understand is how did this content end up on sites it should not have been on? Was there ANY prior arrangement for the design and galleries in question which was later revoked?
If you're finding your content in unauthorised places today, should it never have been there or is this a deal which has changed hands/gone sour and now it's no longer cool with you?
As far as unauthorised content use, personally, I don't believe in Cease and Desists - that's for wimps and it lets cheaters off the hook (if they stop when they're busted). The damage is already done. Suggesting someone stop doing more damage (as it is being added to their bill) is a good idea, but many content thieves assume they will get away with copyright infringement if they stop when they get a C&D.
If they knew that they were violating copyright (ie. they did not have a license in hand at the time), they have incurred damages. A C&D does not absolve them of those damages, but it may help them not dig their hole deeper if they're smart.
This is all fine and good if it is a clear case. And that's what puzzles me here - is this a clear and simple case? The content was *never* allowed (even in any affiliate context)?