Copyright infringement on pan0.net

classic Classic list List threaded Threaded
5 messages Options
Reply | Threaded
Open this post in threaded view
|

Copyright infringement on pan0.net

Matthias Taugwalder
Dear Sir or Madam,

The IVRPA (International VR Photography Association) as an
international association, represents a large number of panoramic
photographers world-wide and their interests. It has come to our
attention that an user of your site has uploaded copyright protected
content to your website pan0.net, including the work of some of our
members. We would like to point out that copyright is internationally
standardized and must be respected.

Therefore we ask you to remove all images originally marked with "©
All Rights Reserved", before Wednesday July 15th, 2009 at 12:00 noon
UTC. You don't have the right to use these images on the pan0.net
website without prior consent from the authors.

Additionally, we ask you to respect the Creative Commons Licenses by
attributing the images to the correct author immediately, on all
images that where originally marked with "Some rights reserved". Note
that only providing a link back to the originating page in itself does
not constitute attribution, unless the author or licensor specifically
agrees it does.

If you do not meet our demand, we will advise and fully support our
members in their legal actions to have their content removed from your
website.


The IVRPA board of directors,

Donald G. Bain
Carlos Chegado
Willy Kaemena
Jürgen Schrader
Aaron Spence
Matthias Taugwalder
Jan van der Woning

---
International VR Photography Association
http://www.ivrpa.org
Reply | Threaded
Open this post in threaded view
|

Re: Copyright infringement on pan0.net

erik_leeman
Thanks guys, much appreciated!

Kind regards,

Erik Leeman

--- In [hidden email], Matthias Taugwalder <matthias.taugwalder@...> wrote:

>
> Dear Sir or Madam,
>
> The IVRPA (International VR Photography Association) as an
> international association, represents a large number of panoramic
> photographers world-wide and their interests. It has come to our
> attention that an user of your site has uploaded copyright protected
> content to your website pan0.net, including the work of some of our
> members. We would like to point out that copyright is internationally
> standardized and must be respected.
>
> Therefore we ask you to remove all images originally marked with "©
> All Rights Reserved", before Wednesday July 15th, 2009 at 12:00 noon
> UTC. You don't have the right to use these images on the pan0.net
> website without prior consent from the authors.
>
> Additionally, we ask you to respect the Creative Commons Licenses by
> attributing the images to the correct author immediately, on all
> images that where originally marked with "Some rights reserved". Note
> that only providing a link back to the originating page in itself does
> not constitute attribution, unless the author or licensor specifically
> agrees it does.
>
> If you do not meet our demand, we will advise and fully support our
> members in their legal actions to have their content removed from your
> website.
>
>
> The IVRPA board of directors,
>
> Donald G. Bain
> Carlos Chegado
> Willy Kaemena
> Jürgen Schrader
> Aaron Spence
> Matthias Taugwalder
> Jan van der Woning
>
> ---
> International VR Photography Association
> http://www.ivrpa.org
>


Reply | Threaded
Open this post in threaded view
|

Fwd: Copyright infringement on pan0.net

Matthias Taugwalder
In reply to this post by Matthias Taugwalder
Hi all

For your information please note the attached copy of IVRPA's reply to
pan0.net regarding copyright infringement on pan0.net. The full
correspondence including pan0.net's reply is available at
http://ivrpa.org/node/2856 .


Matthias Taugwalder
on behalf of the IVRPA board of directors

---------- Forwarded message ----------
From: Matthias Taugwalder <[hidden email]>
Date: 2009/7/22
Subject: Re: Copyright infringement on pan0.net
To: <hidden>


Dear Mr. <hidden> and Mr. <hidden>

Thanks for your in-depth reply to our message regarding “copyright
infringement on pan0.net”.


About The IVRPA

First we want to remind you with whom you are dealing. The
International VR Photography Association (IVRPA) is the established
organisation of professional VR photographers. All members of our
Board of Directors are volunteers, so we don’t get paid to write to
you. Since we are an association for professionals run by
professionals, we take copyright issues and infringements very
seriously. This is one of the benefits our members pay for.

Your bending and misinterpretation of copyright is an insult to the
panoramic community. If you look through our list of members, you will
see that we rank among our members some of the key players and
well-known panoramic photographers world-wide. We’ll leave it for you
to decide if your treatment of photographers’ rights will help you to
be taken seriously and establish a reputable website for panoramic
content.


About Copyright Principles

We will try to explain to you how copyright works. The basic copyright
principles are the same all over the world, so there is little
difference between US, EU or even Bulgarian law. But let’s have a look
at those:

-       Copyright has been internationally standardized by treaties
and conventions.
-       Copyright is a right, granted to you by law, to control the
copying, reproduction, distribution, derivative use, and public
display of your photographs, and to sue for unauthorized use
(infringement) of your work.
-       Copyright ownership arises automatically when you create an image.
-       It is recommended that all photographs carry a copyright
notice, but it is no longer required by law.
-       As the copyright owner, you have to license someone to use
your image before they can legally do so.
-       This means that you can’t just take the agreement of the
photographer for granted  to use his/her image. You need an explicit
consent for that.


About Bulgarian Copyright

You will probably say now that this does not apply to Bulgarian
Copyright Law, but let’s take a closer look:
Bulgarian Copyright Law (Consolidation), 16/06/1993 (2002),
see http://www.kipo.ke.wipo.net/clea/en/text_pdf.jsp?lang=EN&id=458

-       “Copyright on works of literature, art and science shall arise
for the author upon creation of the work” – Art. 2
-       "The author shall be the natural person whose creative
endeavours have resulted in the creation of a literary, artistic or
scientific work." – Art. 5
-       "Until otherwise is proved, the author of a work shall be
deemed to be the person whose name or other identifying mark is shown
in the customary manner on the literary, artistic or scientific work."
– Art. 6
-       “A work may be made available to the public under a pseudonym
or anonymously. Until the identity of the author is disclosed, his
copyright shall be exercised by the natural or legal person, who first
has made the work available to the public with the author's consent.”
– Art. 7 (1) and (2)
-       "Moral rights under items 2 and 4 of paragraph (1) of the
preceding Article shall be non-transferable. Transfer of other moral
rights may only be explicit and in writing." – Art. 16

So in fact the Bulgarian copyright is very similar. The basic
copyright principles apply in Bulgaria as in other countries.


Facts

Let’s sum up the facts:

1)  You are the owners and responsible people for the pan0.net
website, which hosts panoramic content.

2)  You copied “real content” into your website to test your system.
This is what you told one of the members of the flickr equirectangular
group, see http://www.flickr.com/groups/equirectangular/discuss/72157620918068114/72157620983915020/

3)  You did this without any prior information of the photographers
who own the images, nor did you have any explicit consent from them to
do so.

4)  Some the images on flickr.com were released under the Creative
Commons license, but additionally to those you also grabbed
copyright-protected images. These were explicitly declared as
copyright-protected “© All rights reserved”.

5)  Images under the Creative Commons license are not correctly
attributed on your website with the original flickr.com username.
Correct attribution is requested by the Creative Commons license.

6)  You are not even permitted to show copyright-protected images on
pan0.net without any explicit consent from the author.

7)  The original copyright owners don’t have to prove to you that they
own the copyright content. Their ownership may be assumed, since those
images have been already published on flickr.com.



Who We Represent

As you said correctly, we can only represent our members in this case.
So far two of our members are affected by this copyright infringement.
Please see below their flickr.com user names and the URLs to the their
stolen works:

aldo - CC Attribution-NonCommercial - http://ivrpa.org/user/1206

-       http://pan0.net/upano.php?pano_id=114 vs.
http://www.flickr.com/photos/aldo/448246554/
-       http://pan0.net/upano.php?pano_id=175 vs.
http://www.flickr.com/photos/aldo/220894961/
-       http://pan0.net/upano.php?pano_id=176 vs.
http://www.flickr.com/photos/aldo/220895611/
-       http://pan0.net/upano.php?pano_id=61 vs.
http://www.flickr.com/photos/aldo/3250494562/


erik-nl - All Rights Reserved - http://ivrpa.org/user/2942

-       http://pan0.net/upano.php?pano_id=1 vs.
http://www.flickr.com/photos/erik-nl/2623086304/
-       http://pan0.net/upano.php?pano_id=10 vs.
http://www.flickr.com/photos/erik-nl/2633924711/
-       http://pan0.net/upano.php?pano_id=101 vs.
http://www.flickr.com/photos/erik-nl/453111322/
-       http://pan0.net/upano.php?pano_id=106 vs.
http://www.flickr.com/photos/erik-nl/2682803470/
-       http://pan0.net/upano.php?pano_id=11 vs.
http://www.flickr.com/photos/erik-nl/2624528139/
-       http://pan0.net/upano.php?pano_id=122 vs.
http://www.flickr.com/photos/erik-nl/685929595/
-       http://pan0.net/upano.php?pano_id=2 vs.
http://www.flickr.com/photos/erik-nl/2781869550/
-       http://pan0.net/upano.php?pano_id=25 vs.
http://www.flickr.com/photos/erik-nl/2813738260/
-       http://pan0.net/upano.php?pano_id=33 vs.
http://www.flickr.com/photos/erik-nl/870578880/
-       http://pan0.net/upano.php?pano_id=34 vs.
http://www.flickr.com/photos/erik-nl/458131716/
-       http://pan0.net/upano.php?pano_id=52 vs.
http://www.flickr.com/photos/erik-nl/2797590478/
-       http://pan0.net/upano.php?pano_id=6 vs.
http://www.flickr.com/photos/erik-nl/2689595987/
-       http://pan0.net/upano.php?pano_id=7 vs.
http://www.flickr.com/photos/erik-nl/2634755050/
-       http://pan0.net/upano.php?pano_id=71 vs.
http://www.flickr.com/photos/erik-nl/686499913/
-       http://pan0.net/upano.php?pano_id=8 vs.
http://www.flickr.com/photos/erik-nl/2790121887/
-       http://pan0.net/upano.php?pano_id=9 vs.
http://www.flickr.com/photos/erik-nl/2631400119/

You will find attached to this message, their written agreements that
IVRPA may represent them and act in their interest.



Our Demands and Actions

Despite copyright-protected content or content published under the
Creative Commons license, all of our members want their works to be
removed from your website. Therefore we request you to remove the
content (as named above) immediately.

Please note that:

1)    a complete (but anonymized version) of our correspondence has
been published at http://ivrpa.org/node/2856 ,

2)    a copy of this message will be sent to your hosting provider,
which is according to http://tinyurl.com/lns3ka “Paradise hosting”,

3)    a copy of this message will be sent to the IVRPA members,
panorama-related mailing lists (as PanoToolsNG and WWP) and posted on
discussions forums (as panoguide.com),

4)    a copy of this message will be posted at the flickr.com
Equirectangular user group,

5)    Flickr.com has been informed about this abuse.

6)    Furthermore, you have been and will be banned from IVRPA
membership, as long as this copyright infringement on pan0.net
persists.

If you do not meet our demands, we can assure you, that enforcing the
rights of our members in this case will be one of our key priorities
until this situation has been resolved.


The IVRPA board of directors,

Donald G. Bain
Carlos Chegado
Willy Kaemena
Jürgen Schrader
Aaron Spence
Matthias Taugwalder
Jan van der Woning

---
International VR Photography Association
http://www.ivrpa.org


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

--
<*> Wiki: http://wiki.panotools.org
<*> User Guidelines: http://wiki.panotools.org/User_Guidelines
<*> Nabble (Web) http://www.nabble.com/PanoToolsNG-f15658.html
<*> NG Member Map http://www.panomaps.com/ng
<*> Moderators/List Admins: [hidden email]
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/PanoToolsNG/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/PanoToolsNG/join
    (Yahoo! ID required)

<*> To change settings via email:
    mailto:[hidden email]
    mailto:[hidden email]

<*> To unsubscribe from this group, send an email to:
    [hidden email]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/

Reply | Threaded
Open this post in threaded view
|

Re: Fwd: Copyright infringement on pan0.net

Seb Perez-D-2
On Wed, Jul 22, 2009 at 08:50, Matthias Taugwalder
<[hidden email]> wrote:
> For your information please note the attached copy of IVRPA's reply to
> pan0.net regarding copyright infringement on pan0.net. The full
> correspondence including pan0.net's reply is available at
> http://ivrpa.org/node/2856 .

I'm sorry to bring up this old thread, but I noticed that some of my
images have been recently added to the same account in pan0.net,
without my permission of course - and then I checked that none of the
images that had been identified as used without permission in the
original thread (aldo, erik-nl, and several other Flickr members of
the equirectangular group) are still on pan0.net.

So, nothing came out of the letter the IVRPA had sent to the
infringing people and the host?

Best,

Seb
Reply | Threaded
Open this post in threaded view
|

Re: Fwd: Copyright infringement on pan0.net

Trausti Hraunfjord
Reasoning with thieves doesn't work.  Such people are ruthless and
dishonest.

It is always better to PREVENT theft properly, rather than trying to recover
the stolen goods after the theft.

I have encouraged people to get through the security of a project I provided
in this thread:

http://panotoolsng.586017.n4.nabble.com/HTML5-the-true-tragedy-tp2242683p2244158.html


...but until now no one has been able to.  There was of course one who
claimed the following:

*decompiling flash file is not what I'd call "hard", you know. after all,
the spec is all open...
so you don't protect anything.*
- Raphaël Jacquot -

And we all know that he was completely wrong... even he knows it, therefore
he hasn't brought any evidence of the contrary.

When protection is available, people should go for it, rather than having
their works stolen and then having to deal with the aftermath, which may
include lawyers (another breed of thieves), worries, disappointment etc...
and in the case of a commercial project that you have sold to a client that
gets stolen, you WILL have a problem with the client who of course expects
the project he paid, to be safe and sound, and not become something people
can just pick up as they please.  Providing your clients with a secure
project, is only natural.  If you are a hobbyist, then you many not really
care if your panos are stolen and used by others illegally, even when it is
done in a way that may help generate an income for the thief. .... but
professionals do have a responsibility toward their clients, and of course
towards themselves.  After all it is their work that may get stolen.

Trausti
______________________________
http://flashificator.com/
http://flashificator.com/forums
http://flashpanoramas.com/player
http://flashpanoramas.com/forum
Protecting FPP panoramas:
http://flashificator.com/forums/viewforum.php?f=20





On Wed, Jun 23, 2010 at 4:25 AM, Seb Perez-D <[hidden email]> wrote:

>
>
> On Wed, Jul 22, 2009 at 08:50, Matthias Taugwalder
> <[hidden email] <matthias.taugwalder%40gmail.com>> wrote:
> > For your information please note the attached copy of IVRPA's reply to
> > pan0.net regarding copyright infringement on pan0.net. The full
> > correspondence including pan0.net's reply is available at
> > http://ivrpa.org/node/2856 .
>
> I'm sorry to bring up this old thread, but I noticed that some of my
> images have been recently added to the same account in pan0.net,
> without my permission of course - and then I checked that none of the
> images that had been identified as used without permission in the
> original thread (aldo, erik-nl, and several other Flickr members of
> the equirectangular group) are still on pan0.net.
>
> So, nothing came out of the letter the IVRPA had sent to the
> infringing people and the host?
>
> Best,
>
> Seb
>  
>


[Non-text portions of this message have been removed]



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

--
<*> Wiki: http://wiki.panotools.org
<*> User Guidelines: http://wiki.panotools.org/User_Guidelines
<*> Nabble (Web) http://n4.nabble.com/PanoToolsNG-f586017.html
<*> NG Member Map http://www.panomaps.com/ng
<*> Moderators/List Admins: [hidden email]
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/PanoToolsNG/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/PanoToolsNG/join
    (Yahoo! ID required)

<*> To change settings via email:
    [hidden email]
    [hidden email]

<*> To unsubscribe from this group, send an email to:
    [hidden email]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/