Wow. It was taken on Deviantart? So that means at least TWO people know obscure sci fi names....(well...three given i know too)
Wow. It was taken on Deviantart? So that means at least TWO people know obscure sci fi names....(well...three given i know too)
Hey Folks...
I know that I'm late to this discussion and I don't know if this will help. I'm NOT a lawyer and have a bit of info that may help.
I saw the bit about the DMCA and I believe that they are looking for what is known as a "take down notice". That notice requires a bit more than you've provided. You can read more about that here...
How to Send a DMCA Takedown Notice | Black Star Rising
I suspect that may be what they're getting at with all that legal-eze.
It may get a bit muddy becuase you've created a piece of fan based art predicated upon something that had been trademarked and/or copyrighted already. eg. TV show. However, YOU created the artwork so I believe that YOU own that. Like I said...I'm not a lawyer but that may be something that gives you a hiccup or 2.
I'd like to see the site shut down, but the best the ISP can do is PULL the infringed material. I wish you luck. I've had a book duplicated in China and there's squat that I can do about it. So I feel your pain. Since this is Canada, I'm optimistic that the materials will get pulled down.
Please keep us all posted!
Yep; in fact, I can (somewhat) prove that, by virtue of the Delta House ID, with Otter's picture on it (that was in a link, not the actual site page, to give people the idea of how to fill it out).CCP said:
I don't know if these guys had Fake ID's also, but they were wearing Marine Uniforms!!! Yikes!
Illegal immigrants in US Marine uniforms arrested
I hope someone can put a stop to this guy selling Fake Military ID's even access to a Military Base could end up in a major disaster or worse!
Jango Wes said:
MODS: The link I posted is just to follow the subject of Military IDs (And in this case uniforms), it's not intended to be Political in any way...
This is why a lot of my friends have stopped posting their art on Deviant Art too. It gets swiped all the time even with watermarks. You think the site would take the stuff down asap as he has fake military IDs on there.
Any progress on getting this guy shut down?
Well...
For the copied Id :
If you really want to shut down his website quickly, I think you should have to send en email to the license holders ...
I saw that he mentions the TV shows or movies names with their Id... without any licenses or authorizations while he sales them as authentic replicas, which can put confusion in the mind of the buyer !
If you send an email to lucasfilm, paramount, Warner, Fox, etc... they will certainly sue him... And I rather be face to face with an Alien than a Fox's lawyer...
For the military Id, I don't know how canadian and US authorities are working together, but you might report it to the Canadian international police authoritiy :
International Policing
If it could helps...
I'm pretty sure I can purchase surplus american police and military items that are reasonably current at the local army surplus store. A few years ago I bought a sherriffs uniform to be used on an amateur horror film, and the date on the label was only a year or two old.
I'm pretty sure you can't get current Canadian uniform items, only older issued items...
Yeah all the stuff at our army navy is old and for stuff like badges and other items you have to prove you're law enforcement.
Oh, what an intelligent idea… only that Dietrich's ass would also be in the line of fire as well as the RPFs - he made the "show me" cards from Fringe for the RPF and the studio would also claim copyright infringement for selling the show me cards them here…Thibault said:
We want this %&$& down without getting our ass handed over afterwards, he put time and effort in copying them from screencaps - the lazy 6a$tard is just grabbing them off…
Last edited by DaddyfromNaboo; Mar 24, 2011 at 3:09 PM. Reason: Using the language filter through sheer will force
I agree with Yenchih Lin. If we go through the license holders for the intellectual properties that would draw a lot of unwelcome attention to ourselves. That could possibly not just end with the ID's they might come after us for everything.
Yea, not sure how well that would go down.naschell said:
"Hey FOX, this guy is selling copies of stuff I copied from you...."
The mil ID's I can understand, the movie stuff, not so much. I spoke to my FBI buddy and he said if you guys reported it to them, it would be handled.
Hum...
An intelligent Idea, maybe, maybe not.... But I gave you a legal solution, as a lawyer...
Because, for your drawing and the rest ... sorry for you guys, and I would not like to be in your situation, but you are screwed...
1. Your drawing are not protected, I mean, They are not "Patented"(don't know the right english word but you will catch me).
And by the way, they can not be... and I am sure you know why ! ( a clue : The concept belongs to the owner of the exploitation rights)
2. You are protected because you don't make commercial and profits.... The fact of selling some cards for friends does not makes this a real commerce.
And even more, you are not selling them in a website for a large public and does not produce the feeling of licensed products...
Finally, you have not the "interest to reclaim" something from this guy... Only the rights manager could do that...
For exemple, If you are a singer and put on youTube an imitation or your own version of "Toxic" From Britney Spears, it does not makes you the ability and the right to sue the girls whom download it or the original version...
Last edited by Thibault; Mar 24, 2011 at 1:35 PM.
Maybe one of our Candian members can chime in. Im sure there is some Canadian law that protects copyright abuse like this.
I can't say for sure...but in terms of downloading issues that have come up in recent years, we're far more relaxed than america, for example...
http://en.wikipedia.org/wiki/File_sharing_in_Canada
Here's an overview of canadian copyright law
Canadian Copyright Act | Overview
Here's a link to a government site on copyright consulting:
Copyright Consultations - Home
In my opinion, just asking a question from government agencies here in Canada will usually get you some answers...
Try not to turn this thread into (yet another) discussion about rights, patents etc.
What to do about this fellow should be the goal.
Unfortunately, short of blacklisting him here on the RPF, I must honestly say that there is very little else that can be done.
Sorry to sound so 'harsh', but this is a situation we have seen time and time, and time, and time again, and the result is always the same.
Just trying to maybe bring reality into perspective a little.
Worrying so much is not good for the health.
I learnt that the hard way.
My apologies, I agree, this guy is doing something that most would agree is just scummy. I doubt you'll have any more luck going after him here, than I would trying to go after someone down in the states. Make people aware of who he is and do what you can to make sure the community on here is aware of what he's doing. Other than that, if he's determined to do it, he'll just pop up with another name and start all over...
I think a simple letter sayingWes said:
"To whom it may concern,
this website is selling such and such that claims to be official. I suspect that this site is infringing on copyrights held by you. Thought I would bring it to your attention
thanks
me"
wouldn't bring the hammer down on the RPF or the artist. I don't think they would investigate where the art came from, they would probably assume that he created it and leave it at that and simply slap a CID on him. But I am speculating.
I still haven't heard anything back from the FBI.
I meant this a little bit ironicThibault said:
Yeah, this is what we know.Because, for your drawing and the rest ... sorry for you guys, and I would not like to be in your situation, but you are screwed...
1. Your drawing are not protected, I mean, They are not "Patented"(don't know the right english word but you will catch me).
And by the way, they can not be... and I am sure you know why ! ( a clue : The concept belongs to the owner of the exploitation rights)
Now this part sounds interesting indeed. But still, we can't affort to pay a lawyer or hand this to a legal department where we have to pay. We just don't want to see the hard work just taken.2. You are protected because you don't make commercial and profits.... The fact of selling some cards for friends does not makes this a real commerce.
And even more, you are not selling them in a website for a large public and does not produce the feeling of licensed products...
Finally, you have not the "interest to reclaim" something from this guy... Only the rights manager could do that...
For exemple, If you are a singer and put on youTube an imitation or your own version of "Toxic" From Britney Spears, it does not makes you the ability and the right to sue the girls whom download it or the original version...
Telephoned with Dietrich and came to the same conclusion - sadly we found out beside our talk, that he has an amazon marketplace account and an etsy account (what Dietrich suspect). He's everywhere. And unfortunately, we have come to a dead end, we don't know, what we can do about this now. The only thing we can do, is to relate to our fellow american RPFs, who has better connection to the LE agencies to shut him down.JonnyAmateur said:
That is why your best solution is to report his activity to the license owners....
And I bet $1000 that his activity will stop within the 48h when they will see that he sells item wearing the name "Alias" "X-files", "Stargate", etc...
This is your only chance to have some reparation...
Maybe this will help.
From Hostgator, their, well, host:
2.) Content
All services provided by HostGator may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless HostGator from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@hostgator.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
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(Bolding of text, from me)
YenChih Lin said:
If you really want, the ones "sold" here were not sold, you were paying a friend for materials used for the creation for Cosplay. Not for profit. Which in legal terms is where you get into trouble.
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