 
|
Audio Asylum Thread Printer Get a view of an entire thread on one page |
For Sale Ads |
|
|
Audio Asylum Thread Printer Get a view of an entire thread on one page |
For Sale Ads |
71.62.46.41
In Reply to: RE: Don't Steal Pictures Off Ebay posted by X-2000R on March 14, 2008 at 11:22:36
I am not a copyright attorney, but are you sure posted pictures on the internet are considered Intellectual Property (IP)? Were your pictures specifically copyrighted?
At what point does it become public domain once you post it to the internet?
Follow Ups:
it would not mater because a judge would find some technical grounds to throw this kind of nonsense out of court.
TRIVIA QUESTION: NAME THE MOST COMMON "Disfavored action" that courts will find any means possible to throw out, because they don't like these people using the courts to fight.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Will contests. Courts DO NOT like fights between family members.
AND, you can give your f**kin* money to whomever you want, including the "Save the Squirrels" foundation. So when your relatives say "But he was out of his mind when he gave that lap dancer his money".
Too bad.
The stripper keeps the money.
Got any pictures of the stripper?
I ALWAYS knew people I don't know are watching and after me!
Bob
"He (R.M. Nixon) was a foul caricature of himself, a man with no soul, no inner convictions, with the integrity of a hyena, and the style of a poison toad." H. S. Thompson
Before the last big round of revisions to the US copyright code, there was a presumption that a work was not protected by copyright unless certain formalities were observed.
That was changed, and so now there is a presumption of protection, unless there has been a "dedication to the public domain."
This would be an easy case if the eBay listing had carried a copyright notice such as "All images and text copyright 2008 John Doe." That would protect the property, regardless whether fair copies had been deposited in the Library of Congress or an Application for Registration had been submitted.
But I gather that was not the case. The "infringer" may argue that a posting to an auction site without a specific claim of copyright is in fact a dedication to the public domain, while I expect the aggrieved party will claim that such a dedication should not be implied but rather must be explicit.
I wonder--does eBay have in its small print, small print which I would expect that by using the site you argree to be bound by, regardless whether you have read it, a provision that all uploaded text and pictures are agreed by all parties to be the IP of the creator?
I have not followed the case law in this area for years--perhaps there is a case on point.
But it is not as though the "infringer" would totally lack legal arguments what were at least facially plausible.
US Federal Courts have jurisdiction over such claims, but you also must get in personam jurisdiction over the purported infringer, so that usually means associating out-of-state counsel and litigating in a foreign forum.
There may be state common-law remedies as well, but the only thing that would make the case theoretically worth while are the damage and attorney's-fee provisions of Federal copyright law.
I personally would not take on such a case without a $30,000 retainer.
Best of luck,
JM
And how would the damages be calculated in this particular case? If there is no case on point, this might not be the one to do it. Bad facts occasionally making bad law and all...
| FAQ |
Post a Message! |
Forgot Password? |
|
||||||||||||||
|
||||||||||||||
This post is made possible by the generous support of people like you and our sponsors:
Top of Page ]
[ Contact Us ]
[ Support/Wish List ]
[ Copyright © 2025, Audio Asylum, all rights reserved ]