Copyright issue. Someone with knowledge please read.

[TwinTone]

Ok, here is the deal. I have a dedicated that I run sites on. I have an extra domain name that I just use to post galleries and things. No "real" site on it you might say. So, I have a friend that I let host galleries in exchange for the header and footer. So today I get home and receive this email.

--------------------------------------------------------

Dear Sir or Madam:

Re: http://www.madisonlinks.net/porn/gall_1/fresh147.html

It has been brought to our attention that you have made use of a substantial part of the design and layout on
http://www.almightyzeus.com/gals/chrissy/school/index.html . According to federal copyright laws and international treaties, any public use of trademarks, service marks, copyrights or other proprietary information without the express written consent of the copyright owner amounts to an infringement of intellectual property. For your better enlightenment, the law strictly prohibits any reproduction, copy, edit, publishing, transmission or uploading of these materials. According to statutory laws and regulations, you
are obliged to withdraw the specified content and web page and are prohibited from pursuing your infringing activities on any of the above-mentioned materials. In the event that you fail to comply with this demand, you will be turned over to Titanet Inc.'s attorney who has a proven track record prosecuting these matters throughout the world.

Be governed accordingly.

Sincerely,

Emmanuel Papas
TITANET, INC.
450-971-8020


Take a look at the two sites. Yes they are similar, my friend swears he has never been to this site before, and I know he is not one to go copy sites. I talked to him and he stated he has never even seen that site before! I called my ISP and spoke to them about it. They told me that from what they could tell, nothing was copied directly, although it looks similar, they feel that there is not a copyright infringement. But remember these people are not lawyers. Also, I do not have a lawyer and wouldn't pay a lawyer for something like this. So, what do you think? Is this guy for real? Or is he some ass just thinking he is mister copyright expert?

Thanks for any input.
Much appreciated!

TwinTone

[rhizome]

TwinTone, I think your friend is bullshitting you - it would be really really really odd if both of them came up with the same idea to use that color of background with those smileys next to the main text link. I think your friend probably saw the gallery and borrowed an idea or two. However, this does not mean any copyright infringement occured. If the smileys were created by the other site I would say that it is definitely a case of copyright infringement. If they were not, then the case is borderline. The easiest thing to do would be to comply with the other site's demands and not risk a lawsuit just in case they are for real. Similarities much lesser than what appears in this case have been successfully prosecuted.

[rhizome]

I just noticed something. The file name of his smiley is the same as the file name for the other site's smiley. Ask him where he got it from and see if he can give a good explanation. Maybe both sites "borrowed" it from somewhere else even though that still won't put you in the clear.

[TwinTone]

The thing I find odd is this site.. he owns this domain/site too.. read the bottom!


http://exclamationasians.com/

[AzteK]

rhizome

There is no mention about the smiley faces in the email above and oddly enough you are from Canada?! just wondering if you're affiliated with this Gentelman?

[TwinTone]

Well.. I see no smilely face on MY gallery.. it is odd that you do.

[AzteK]

<font face="Verdana, Arial" size="2">Originally posted by rhizome:
I just noticed something. The file name of his smiley is the same as the file name for the other site's smiley. Ask him where he got it from and see if he can give a good explanation. Maybe both sites "borrowed" it from somewhere else even though that still won't put you in the clear.</font>

Even after removing the smiley faces, he is complaining about the layout, the layouts are definatly not the same and if the BG color is so what?

[rhizome]

LOL Aztek, no I'm not affiliated with any party involved here. I was just trying to give my opinion. The e-mail did mention the site "made use of a substantial part of the design" and this would include the use and position of the smileys if it is proven that the one site borrowed directly from the other - and the shared file names for the smilies could be evidence for this. All I'm saying is that there either they both copied from somewhere else or one copied from the other. Why risk anything? What if the friend is guilty? Just take the page down and move on. That's what I would do. And Twintone, if you're pissed about this and really believe that you have a case but feel it's not worth the trouble or risk to fight it, then just mail off the other guy's site to APIC - an eye for an eye type of thing.

[rhizome]

There are two smiley faces right at the bottom of both galleries (and they're not generic faces either so there is definitely "borrowing" going on") - please don't tell me I'm going senile.

[AzteK]

check this out, after REMOVING the smiley faces he is still complaining about the "layout" being stolen! which is not true.

[AzteK]

And even if he has the "copyright" the smiley face(I doubt he does) he needs to provide proof and notification on the botton of his page. If he does not have proof of that the case can be turned around against him.

[rhizome]

ya, I don't think he has a case when it comes to layout. What I want to know though is where magnatique fits into all of this. They're both from Laval and their gallery layout are eerily similar. Either magnatique gave him permission to use such a layout or he is ripping off magnatique. It's all fucked up but hey, keep the gallery up and let it play out - that's obviously what you wanted to do from the beginning. So I have no idea why you came here seeking advice. I myself just can't be bothered with that shit. It's not worth the extra couple of bucks I would make by keeping the gallery up.

[breest]

That shit looks nothing alike, besides, how can he prove who had the design first. I think they are bullshitting you. I would give them a call.

-Breest

[basschick]

i believe that legally he would need 7 unique points of similarity.

what i mean by unique is that they would have to be things specific to HIS galleries, and not just things used in all galleries.

i see a few similarities, but i see very substantial differences. perhaps you should ask him to enumerate the points of similarity... page color alone wouldn't count, i don't think. they didn't invent the color.

also, as far as the smaller thumbs and bigger thumbs, if you know of a few other similar galleries by other people, that would kill that dead.

[Muff]

after reading this lengthy thread,

I have come to the conclusion that you should.

tell them to go suck a dick and after there finsihed you'll see them in court.

anyone with half a brain wouldnt go through the hassle over something like that and if they did would have slim to none chances of winning.

Muff

[shane94]

I agree with muff! Tell them to fuck off (=

[dan-sexhound]

Read my copyright section on the mf page
http://mf.sexhound.com

that jerk from apic tried to use the same bully tactics.

Pity the jerk can not follow the law himself http://bbs.adultwebmasterinfo.com/ubb/frown.gif

[AzteK]

There we go! Don't let any webmaster bully you around!!

and btw this is the exact page Dan is refering to

http://www.motherfuckers.ru/copymf2.html

[toker]

If he continues to bitch ask him if he used legaly licensed software to create and has legal rights to use this smiley gif himself. As he states in his other sites he does not use legal licensed content in his member site eather.

Read: http://www.unisys.com/unisys/lzw/

Throw some legal tactics his way and if he continues to make problems contact unisys im shure he does not have $5k to throw away on a license.

I doubt the guy can even afford a lawyer let alone a license from Unisys. I also doubt he would send a lawyer to another contry as he did state "all over the world" to bring a case over one small gallery page.

[dan-sexhound]

<font face="Verdana, Arial" size="2">Originally posted by AzteK:
[B]There we go! Don't let any webmaster bully you around!!

B]</font>

They bully the webmasters http://bbs.adultwebmasterinfo.com/ubb/frown.gif

[AzteK]

that's why you gotta stand up with your middle finger high up in the air http://bbs.adultwebmasterinfo.com/ubb/smile.gif

[andy2000]

well i don't know about a face thing as it was gone on your page when i looked but the layouts not the same

[MrBrian]

where is mani at?

i think he is bitching a little too much. he got his galleries ideas from shap anyways http://bbs.adultwebmasterinfo.com/ubb/smile.gif

[magnatique]

you guys really have a problem...

what the fuck do we come up to if we allow other people to copy our design?

we use our time to come up with original shit, and then you guys think it's all right to copy it?

I'm disapointed in most of you guys... I really am..

[shap]

POINT FINALE PHIL! Close the post!

[TwinTone]

You GUYS?! I didn't fucking copy shit! I just let him host some fucking galleries.. I DID NOT! RE FUCKING PEAT NOT COPY SHIT! I said he could host some galleries for a header and a footer. Just like a free host would. So every fucking time a gallery is copied and put on some free host you better fucking bring in the owner of the free host and involve him! Because that is what is going on here! The galleries are down.. so stop with the you guys shit please!

[magnatique]

twintone, I don't believe nobody involves you... shap could of killed your server http://bbs.adultwebmasterinfo.com/ubb/wink.gif

[magnatique]

case closed, we all know who the real cheater is.