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Old 09-24-2006, 12:03 AM  
Gerco
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Join Date: Nov 2005
Posts: 2,052
Quote:
Originally Posted by dcortez
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.

That's good I would think you would support the non-use of ripped off contnet from other people.

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?

The answer is simply.. NO. This contnet has NEVER been sold to anyone else. Period.

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?

See above answer. NO. This content had to be ripped from my actual members area in order to get it.

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.

Your absolutely correct. Why should I keep spending $$$ fighting these guys, and still the drag thier feet or do nothing about it or do it AGAIN for me to spend more $$$ and time, meanwhile they make $$$ buy using my contnet without my permission. Not a wonder that they do it. So no, now it's time for public disclosure of the thieft.

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.

Pretty clear cut if you ask me, There is no way that they "the content thiefs" (and this includs unrealbucks) had any licence to said content, yet they used it in thier design, offered it to thier AFFILIATES via the affilaite program and hosted the content for the affilaites to use, for what 7 months now from the first that I saw of it. Yes they did respond to the email I sent, but did anyuthing actualy get resolved from that email... no.

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)?
How much simpler could I make this out for you...

1. I own the content.
2. This content has NEVER been sold to anyone.
3. In this case, Unrealbucks took the content and offered to affiliates via THIER OWN PROGRAM in the hosted galleries section of that program, flooding the internet with my ripped off content.
4. Unrealbucks has been using the content in thier ACTUAL site tour, right in the MAIN HEADER.
5 Unrealbucks owner was informed of this infringment 7 MONTH ago, yet the content remained in his affilaite program and on his site design.


I have sold a few sets in the past, to a site called fistingsex.com The sets I sold them are not the ones in question. The sets I sold Fistingsex, gave them 6 months exclusive rights for that content and then that content reamined on fistingsex, while after the 6 months I retained ownership of the contnet and was and am able to use it as I please. For the privlage to use those 3 sets they paid me 1500 bucks per set.

If Unrealbucks wants to truly cover damages then match that. They have at least used my content for 7 months, if not longer, All in all I count a found total of 4 sets used from thier affiliate program and 1 set used in the creation of the objectfreaks header for a grand total of 5 different sets used. Going by what I have sold my sets for in the past this would = 7 thousand dollars. Truthfully, I would be suprised if what they have used of mine has not actually created more money than that for themselves, but let them show the numbers there.
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