Quote:
Originally Posted by Paul Markham
It was paid on a credit card and to be honest I do not know if it was a personal credit card or a corporate one. What do you think the odds are it being a corporate one. So are you saying if someone buys as a corporation yet pays with their own credit card the license goes to them and not the corp? The original license, was to a person, who broke the licenses by selling them.
As for what you do, that is your company. You run your company your way, can we do the same with ours?
Please stop going on and on about a corporation you're starting to look stupid. So for the LAST time. The original license was to a person not a company.
He offered to buy. After telling me to supply it for free. An offer is not a buy. He also said he would remove the content from the affiliates area, yet did not. So an offer not fulfilled and a promise not kept. Is that your idea of a binding contract? However we both agreed to waive the $250 for HIM to pay. Read on.
I also agreed to NOT sell a new license to him or his corporation. Because he was going to sell everything to a third buyer. I told him to send the new buyers to me for me to issue them with a new license. So again you got it wrong.
It's in the affiliates area, see screen grab, it was bought when the Paul Markham Content Store license never included affiliate use. What more proof do you need? The new buyers of the program have sent me a copy of the list Pornonada gave them that I gave him.
How many times do I have to tell you. The company that now runs Smokincash have no rights to any of our content in their site. Do you understand this? They have NO RIGHTS to any of our content on their site. You are wrong if you think content becomes legal if the buyer buys unlicensed content. So if I buy a program from you and then sell it against the terms of the license, does it become legal if I bought it?
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but the point i am making and you are ignoring is the company WOULD HAVE HAD THE RIGHT if you accepted the $250 to relicience FROM the individual TO corporation.
They would have rights if you respected the "agent of" status from the original buyer.
trying to misrepresent what i am saying into some thing else is one of the biggest problems i have with. It the reason i am would believe Pornada side of the story because
1. his offer to relicience to the corporation is public
2. you keep misrepresenting what i say to make believe i am just stupid.
Quote:
Here is the list the new owners sent to me. I did not provide it to them, Pornonada provided it to them. I provided it to Pornonada.
009226
009239
009241
009247
009250
009268
009298
009400
009408
009275
009285
009289
009412
009417
009283
009407
009415
009422
009424
009426
009428
001679
001680
001681
001682
001683 in BBCS
001684
001685
001686
001693
001915 In BBCS
001922
001928 In BBCS
001965
009453
009455
009456
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ok this is a start but i hope you realize that this means nothing to smokincash affiliates, post thumbs that way there is a clear documented record of the content.
you would also have proof necessary when you go to court over the issue.
Quote:
And if they used your license in a way you had not agreed and had not paid for you would be nice about it. Again that's the way you run your company. We run ours another way.
What has happened here is someone bought a license, then decided to use the content as they see fit without paying for the extra use. That's the same as someone sending traffic and the sponsor deciding they can do with that traffic as they please.
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i send them the notice, certified mail, and i send in the lawyers and report them to CAAST. Stat damages is a wonderful thing. they work really effectively to get people to become complient.
The important part is to collect the documentation that proves you are being reasonable.
Your PUBLIC refusal to reliciene request (from an individual to is what is hurting you right now
Your refusal to acknowledge "agent of " status for the original purchase hurts you right now.
Quote:
So far after me losing my temper because I was ignored and the new buyer thought I should fix the problems made by the original seller. I have tried to fix this situation. Yes I called someone who was knowingly using unlicensed content a pirate and a thief and I appologised to him personally. But he continued to keep it in the affiliates area. He sold the site with the program with our content in the affiliates area and I suppose both he and the new owners have distributed the content to affiliates.
If Pornonada claims he never put the site live it's strange that I could log in as a new affiliate and see our content there. But if he did not put it there the original buyer did. Making the original license null and void.
There is only one innocent victim here, us. Pornonada is responsible for buying a program with content he did not have a clue about. He is guilty of using it after he knew it was unlicensed, he never removed the content from the affiliates area.
The new owners have gone amazingly quiet over the whole thing and using unlicensed content in their site, also no 2257 info. Plus giving it to affiliates. They have ignored my email. So where do we go from here? DMCA, email the paymant processors CCBILL, or just swallow it?
But if DamageX had kept his mouth shut and not banned me I would not be annoyed at being shafted. It was him that raised the issue again. No wonder his nick is Damage. 
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you are not an innocent victim as long as you ignore "agent of" status
you are not an innocent victim as long as you refuse to accept reliciencing offer by pornada.
you keep asking oppinion on what to do but when i tell you you counter with you run your business your way i will run it mine.
Right now pornada looks like the reasonable because he made the offer to relicience to the corporation.
so if i were you i would make yourself look reasonable again, so the courts would side with you.
I would recognize the "agent of" status of the original purchase.
once that issue is closed you can solve the problem with the out of scope use of your content.
A simple letter sent to by registered mail to the address specified on the domain.
Dear sir
The original licience purchased mistakenly by purchased _______________ as an individual when it should have been assigned to smokincash corp has been properly reassigned.
The licience is now assigned to your corporation. I have enclose said licience. You will notice that this licience grants you the following rights
1. state rights
2.
3.
4.
However it does not give you the following rights
1. giving to affiliates
...
Currently you are enjoying such rights without the proper licience to do so.
You have two choices
1. remove said offending uses of my content
2. upgrade your licience to one that grants you the right you are currently enjoying.
Failure to do either would constitute a wilful violation of my copyright and subject to statutory damges of $25,000 per instance (assuming you registered the copyright on all your images)
I have enclosed a bill for the for the upgrade in the licience you will notice i deducted the purchase price of the original set even though the licience agreement does support such a refund.
please respond within 15 days of recieving this letter or i will be force to take legal actions.
sincerly
Paul Markham.
If you had done that in the begining, and pornada had not responded or given bogus reasoning then you would have proof to call him on it. You would have proven that you went above and beyond in your dealing with him. you could have sued him for millions and won because you would have the preception of bending over backwards to get this issue resolved. And you would have gotten tons of good will (which would have translated into more people wanting to buy from you)