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Poser - OFFICIAL F.A.Q (Last Updated: 2024 Nov 21 6:06 am)
He should at -least- have the decency to give credit where its due. @#$%@! Sounds like a real jerk, too. Lycos, or any company for that matter, tends to immediately pull offending material in copywrite disputes... at least if the copywrite in question is owned by another company or organization. Heck, I heard DeviantArt pulled a bunch of fan-fiction and pics down as a precautionary measure and Squaresoft didn't even ask them to. However, with enough complaints, Lycos should probably pull down the site. If it re-appears, explain to Lycos that they should really start checking for duplicate member info (and ensure that emails are valid, etc) before granting sites, especially if they revoke someone's site for TOS violations. I almost hope Hobbit_King steals some work from Wizards of the Coast or another "big gun" RPG maker or famous fantasy cover artist. There's nothing like a threat of a multimillion dollar lawsuit (by someone who has the bucks to follow through) to make a company change its policies.
Attached Link: http://www.renderosity.com/messages.ez?ForumID=12395&Form.ShowMessage=1237443
You'll see how far I got with Lycos in this thread.Attached Link: http://www.angelfire.com/scifi2/gamma_world/Meta68.html
As an added note I think he ripped off a clip from Final Fantasy: The spirits Within movie.This pic http://www.angelfire.com/scifi2/gamma_world/Meta30.html is from something by Simon & Schuster, even still has the logo on the botom left of the pic and this one http://www.angelfire.com/scifi2/gamma_world/Meta56.html is cover art ,by Michael Whelan, for the paperback version of 'Friday'. this comes from the Planet of the Apes movie http://www.angelfire.com/scifi2/gamma_world/Meta55.html Looks like it came from Stargate http://www.angelfire.com/scifi2/gamma_world/Meta69.html
Why shouldn't speech be free? Very little of it is worth anything.
If there is a valid copyright infringement issue here, you might not have a hard time getting a lawyer to work with you "on spec." I believe the copyright infringement awards tend to be rather large (not that the offender necessarily has the money, but they can garnish wages, etc.). If you have been infringed upon, I suggest talking to a lawyer. You may find out you don't need to pay up front and you might get some satisfaction and some money out of it. Good luck. Frank
Tried that. Copyright attorneys are friggin EXPENSIVE! Holy (BLEEP), they're expensive. I don't make nearly enough to afford to fight this jerk in court. I'm not Important. They might leap at the chance to defend a "name" artist, but when you're nobody, you pay up front unless you have connections. I wish it was just my art. That's just annoying. But he took one of my characters as well and used her (and my images of her) in his own fiction, and that's what stabs me the most. I'm very attached to Liya, after over 16 years of playing her through RPGs to her present incarnation. With any luck, the other ripped-off artists will hammer this guy and finally get some action taken. I'm out of the running. My health is too bad to try to fight this and my body at the same time. I've started pulling several thousand pages of text and most of my galleries except for a few showcases images and the images he's stolen in case I finally can make some progress. I just can't keep fighting this.
"DMCA litigation Under section 512 of the controversial DMCA (Digital Millenium Copyright Act), a representative of a copyright holder can send a "takedown" notice to a university or other Internet provider requesting that copyrighted material be removed. Anyone receiving a false notice can sue for damages and attorney's fees, but only if the sender 'knowingly materially misrepresents' information." I wonder if invoking the magic phrase "Digital Millenium Copyright Act" would make Lycos perk up their ears? As far as I can tell, ISPs are running scared of the DMCA because it can have the effect of shifting liability from the copyright violator to the ISP themselves if they don't act on a takedown notice. Just a thought. Anyone want to weigh in on this? Matt
The problem is that one of the items on the DMCA form requires personal contact informat like home phone and address. My number is unlisted for very good reasons. Lycos has told me that they are required to give a complete copy of the entire DMCA form I fill out to the thief -- including my unlisted phone number -- before they will comply. After 28 virus mails in two days, and no more than 4 over the last 3 years, I'm thinkin it's a Bad Idea to give this creep my number, which Lycos will do.
My husband comes up with the best ideas. :o) Do this (and it won't cost you anything either). Since this is now against Lycos/Angelfire for not removing copyrighted material, make any press contacts that you can. There is someone at Maximum PC called the Watchdog that loves stuff like this. Explain your situation and Lycos' response. Also contact TechTV (every show has an email address - write to them all). Get hold of every magazine and paper in the industry. In this day and age, the press holds almost as much sway as a lawyer. And all it will cost is just a little bit of your time and none of your money :o). Especially let them know that little tidbit about you giving up your personal info without the theif giving up theirs. That infuriates me, so I can only imagine what a heyday the press would have with that. Let us know how it goes. If you need help with some contacts, I can surely scout down a few for you. Laurie
Listen to Laurie. Give Lycos a bit of publicity, and they will just love making you happy. Don't forget to talk to your local papers and TV; the story could get picked up from there. That "give the creep your phone number" stuff sounds familiar. Isn't there a Poser marketplace where the organization "fights copyright infringement" by having you and the perp talk...? ;)
Since "starving artists" can't afford to hire an attorney for a civil case, has anyone considered pressing criminal copyright charges? If you tell Lycos that you are going to contact the FBI concerning a criminal copyright case, they may take you more seriously. Also, it could stop the art thief for a long time since I believe that they can be sentenced to up to five years per stolen image.
Hmm. The press idea is a good one, but contact Micheal Whelan, give him the information, what Lycos demanded vis-a-vis the DMCA, and ask him if he would mind this information being forwarded to the FBI. You might also want to see if you can determine what state the offending server is in, and have a look at whatever Byzantine payola laws are there for the exploiting. Or just sit back and watch Whelan in action. Never piss off an artist.... Particularly one that has the rep that he does. I just hope it isn't the picture that his daughter posed for in the white bodysuit. That one is very special to him, for obvious reasons.
Macmullin, As tempting as that sounds, it's hardly ethical. To stoop to his level only invites more viri-enhanced mail, the same sort of sign-up for porn or similar sites, and really wouldn't DO anything more than piss him off. What NEEDS to happen, is this festering pustule excuse for a human being needs to be PROSECUTED and sent to jail to be a man-whore for the biggest, meanest yard shark out there. I hardly think that some nuisance mail will do the trick. Being a bitch for the nastiest criminal in prison would be ever so much sweeter, and definitely more permenant a lesson.
jimship2@midwest.net is the little turd's email addy. And that brings us... : ------------------- Domain Name: MIDWEST.NET Registrar: MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE Whois Server: whois.melbourneit.com Referral URL: http://www.melbourneit.com Name Server: NS1.EARTHLINK.NET Name Server: NS2.EARTHLINK.NET Name Server: NS3.EARTHLINK.NET Status: REGISTRAR-LOCK Updated Date: 06-may-2003 Creation Date: 03-mar-1995 Expiration Date: 04-mar-2004 ------------- He was stupid enough to not use a hotmail addy to hide where he is (click the "ghost of warden" GM link on his little angelfire page)... you can contact his home ISP directly (Earthlink) and get the little turd cut off at the knees. I'm willing to bet that his daddy will beat his backside raw when he finds the Internet got cut off, which means that the domain name itself would go up for grabs shortly after :) /P
They were all CCd on email. They have all of it, including the boy's admission and that he doesn't care. Lycos changes how they want the DMCA filled out Every Time I send it in, they change it. Earthlink has had copies too, and not a single address I send to responds with anything other than "send it to another address that should be on the page we're linking to but there's nothing there, because it's not our problem." Like I said, I quit.
That is incredible. I am so sorry you've been through all this...it seems like they are protecting criminal activity for no good reason. I'm not a Lycos/Angelfire user or a subscriber to Earthlink, and this has convinced me I never will be. And I've written them to that effect. Won't do any good but I don't think it hurts to let them know what a reputation they are building because of this activity. Take care.
By the way, I checked Lycos with the Better Business Bureau and got the following information: ID: 0000078664 Company name: Lycos, Inc. Matchmaker.com Terra Lycos Network Company address: 100 Fifth Avenue Waltham, MA 02451 See the location on a map Type of entity: Corporation Principal: Brad Steiner, Deputy Gnrl Counsel Phone number: 781-370-2700 Fax Number: 781-370-3433 Type of business: ONLINE & INTERNET SHOPPING INTERNET SERVICES The information in this report has either been provided by the company, or has been compiled by the Bureau from other sources. Nature of Business Lycos, Inc., offers internet services. The company was incorporated in Deleware in 1995. Mr. Brad Steiner is the Deputy General Counsel. Any questions or problems should be directed to the attention of Mr. Steiner. Customer Experience Based on BBB files, this company has an unsatisfactory record with the Bureau due to an unanswered complaint. However, the business has resolved most complaints presented by the Bureau. The company's size, volume of business and number of transactions may have a bearing on the number of complaints received by the BBB. The complaints filed against a company may not be as important as the type of complaints, and how the company handled them. The BBB generally does not pass judgment on the validity of complaints filed. The following data concerns complaints processed by the BBB over the last 36 months. If someone is interested, it might be worth going through the Better Business Bureau and see if better results can be obtained through them.
I've made complaints to the BBB and it does seem to work in most cases. In your complaint state that the only way you're willing to have this solved is if this persons site is pulled and the kid and his parents warned of the offense. If they do nothing they'll have the blot on their record. To avoid it they have to do something. If Lycos themselves is doing nothing, this is probably the next best way.
...... Kendra
You're probably right but it sounds as if CryptoPooka is exhausted and I don't think they'll do anything for me since I'm not directly involved, but I figured that they might at least give some suggestions if there is anything they can do. Sometimes if you use the right bureacracy, they can do something even if it's only an implied threat. You just have to find the right gorilla to make the threat. I can't figure out why any business would treat potential customers so poorly...any of us could be in a position to influence others to use or not use their services. That's a basic business principle. Is this kid and his parents such valuable customers that they are worth losing other customers over? I know one thing, I wouldn't be inclined to sign up at Lycos/Angelfire, or Earthlink right at this moment.
Attached Link: http://www.bosbbb.org/services/complaints.asp
You won't be surprised that I got the standard response from Earthlink and Lycos (ebot replies) but this is what the Better Business Bureau told me (it's not something I can do since I'm not a person who has direct involvement in the grievance but perhaps it will be useful information to someone): You can file a complaint about a company on the following web site: http://www.bosbbb.org/services/complaints.asp Better Business Bureau, Inc. Serving Eastern Massachusetts, Maine & Vermont 235 West Central Street, Suite 1 Natick, MA 01760-3767 508-652-4800 508-652-4820-Fax E-Mail: info@bosbbb.org www.bosbbb.org *******************************I think this information is extremely important to all of us. One day it will be one of us as well as Pooka. And no, the Renderosity galleries are not immune. Perhaps we should start some sort of advocacy group that can use the power of numbers to make these big webspace servers comply with the DCMA and copyright laws.
His website is also full of copyrighted material by TSR, images by other fantasy artists, etc. The TSR copyrights may be old, but Wizards of the Coast may still jump on him to protect their intellectual property (they've done it before). Here's what I sent to Wizards of the Coast: Hello, I'd like to bring the following site to your attention: http://www.angelfire.com/scifi2/gamma_world/ Included on the site are numerous verbatim postings of 70's-80's TSR material that may not be authorized by Wizards. While I am generally in favor of fan sites, I can assure you that, at least in certain circles, this website has extremely bad associations with copyright violation. Numerous artists' works are reproduced there without permission, and often without credit. I think it is worth at least a cursory examination by Wizards of the Coast if you still retain the "Gamma World" intellectual property. Certain art reproduced on the site also comes directly from TSR products. If this fan site has authorization from Wizards of the Coast to post Gamma World material, I would strongly recommend Wizards reconsider such permission, as the association with other copyright violations on the site is probably not in Wizards' best interest. I would also caution you that the owner of the site has reportedly responded to other complaints by sending virus-laden emails back to the complainers. Thus, I would appreciate my name and email address NOT be forwarded to the site owner if Wizards decides to contact him. Thank you.
Here's a bit of info on mr. image thief's mailing of virus laden mail, when he sent those emails that he knew contained a virus he just upped the crime scale to federal felony since sending anything by email that is known by the sender to contain a virus is a federal offense, punishment can include major fines, jail time or both. They also take the computer and all the software and go it with the proverbial 'fine tooth comb' So the next bit of virus mail that come from him should be reported to the feds.
Why shouldn't speech be free? Very little of it is worth anything.
Attached Link: http://www.ccmostwanted.com/reporting1.htm
Here's a page of handy places to report a wide range of cyber crime. Apparently you report viruses to the FBI's local office....but do we know where Mr. Thief lives?You might also write your congress-critters and give them something else to do besides screwing the Constitution. Also perhaps forward a copy of anything sent to the feds to Lycos' parent company. I'm sure the Spaniards don't want the government looking at thenm too closely. Terra Networks, S.A. Paseo de la Castellana, 92 28.046 Madrid Spain
"Democracy is a pathetic belief in the collective wisdom of individual ignorance." - H. L. Mencken
Hello- Earthlink has no jurisdiction over websites hosted with angelfire and the content that is placed there. If this person is hosting images on an Earthlink website, you can contact our legal deparment through dmca@corp.earthlink.net. They will address all issues concerning copyright infringement. -Jesse Kolbert Network Abuse Earthlink Inc.
P.S. I sent an unhappy little message regarding the practice of sending viruses to Earthlink's legal department. There's not much more I can do since I'm not directly involved and can't testify to any harm being done directly. But I share the information in the above message in case someone else has an idea.
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You might want to take a stroll through these galleries, this person has a ton of stolen art up. http://www.angelfire.com/scifi2/gamma_world/MurphysLaw.html http://www.angelfire.com/zine/gotdeleted/MetaAlpha.html http://www.angelfire.com/rpg/pbparchives/murphy/ He's stolen a few of Crytopooka's images, admitted it and refuses to remove them. Lycos refuses to do anything about it as well. I suggest a very civil, but very large emailing to the copyright department especially if your images are among the stolen.