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My reply, I love being a bitch sometimes

What I said in return:



Why *SHOULD* I be "nice" about it?

You stole from me. You didn't ask me first, and you said yourself YOUR artist friend would have been mad.

... HELLO?!?!? Common sense ringing the doorbell here for you?

And to your accusation "Can you prove it's yours?"

Yes, I can. I maintain the original artwork in my portfolio.

And just because you can "right Click and SAVE an image"

Does not make it public domain and free for you to use at will.

Just because something is on display for people to see on the internet, does not make it's copyright null and void. If you believe that, you're sorely mistaken.

Here's a real world analogy...

Just because there is a print/picture on a paper tray liner at McDonald's you like and are able to take home and scan into your computer... does not give you the right to use the copyrighted and/or intellectual property on your own items to make a profit.


HERE is the Law regarding Copyrights and Intellectual property laws in Black and white:

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Intellectual property is divided into two categories:

1) Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and

2) Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.

A rather in-depth and factual accounting of what laws you breeched by thinking you can take items off the internet without express written permission:

http://www.icip.lawnet.com.au/ch5.htm

Another legal reference in regards to intellectual property and the Internet...

http://www.cybercrime.gov/iplaws.htm#Xa

The most pertinent excerpts are below.


17 U.S.C. 506.

Criminal Offenses


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

§ 506. Criminal offenses


(a) Criminal Infringement.--Any person who infringes a copyright willfully either–

(1) for purposes of commercial advantage or private financial gain, or
(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,

shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.
(b) Forfeiture and Destruction.--When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.

(c) Fraudulent Copyright Notice.--Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice.--Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation.--Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

(f) Rights of Attribution and Integrity.--Nothing in this section applies to
infringement of the rights conferred by section 106A(a).


18 U.S.C. 2319.

Criminal Infringement of a Copyright


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

§ 2319. Criminal Infringement of a Copyright

(a) Whoever violates section 506(a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b) and (c) of this section and such penalties shall be in addition to any other provisions of title 17 or any other law.

(b) Any person who commits an offense under section 506(a)(1) of title 17--

(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
(2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.

(c) Any person who commits an offense under section 506(a)(2) of title 17, United States Code--
(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;
(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.

(d)

(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
(2) Persons permitted to submit victim impact statements shall include--


(A) producers and sellers of legitimate works affected by conduct involved in the offense;
(B) holders of intellectual property rights in such works; and
(C) the legal representatives of such producers, sellers, and holders.
(e) As used in this section--

(1) the terms "phonorecord" and "copies" have, respectively, the meanings set forth in section 101 (relating to definitions) of title 17; and
(2) the terms "reproduction" and "distribution" refer to the exclusive rights of a copyright owner under clauses (1) and (3) respectively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 120, of title 17.

18 U.S.C. 2318.

Trafficking in Counterfeit Labels for Phonorecords, Copies of Computer Programs or Computer Program Documentation or Packaging, and Copies of Motion Pictures or Other Audio Visual Works, and Trafficking in Counterfeit Computer Program Documentation or Packaging


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

§ 2318. Trafficking in Counterfeit Labels for Phonorecords, Copies of Computer Programs or Computer Program Documentation or Packaging, and Copies of Motion Pictures or Other Audio Visual Works, and Trafficking in Counterfeit Computer Program Documentation or Packaging


(a) Whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in a counterfeit label affixed or designed to be affixed to a phonorecord, or a copy of a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program, shall be fined under this title or imprisoned for not more than five years, or both.

(b) As used in this section--

(1) the term "counterfeit label" means an identifying label or container that appears to be genuine, but is not;
(2) the term "traffic" means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of; and

(3) the terms "copy", "phonorecord", "motion picture", "computer program" and "audiovisual work" have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17.

(c) The circumstances referred to in subsection (a) of this section are--
(1) the offense is committed within the special maritime and territorial jurisdiction of the United States; or within the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49);
(2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense;

(3) the counterfeit label is affixed to or encloses, or is designed to be affixed to or enclose, a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program, a copyrighted motion picture or other audiovisual work, or a phonorecord of a copyrighted sound recording; or

(4) the counterfeited documentation or packaging for a computer program is copyrighted.

(d) When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed.
(e) Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).


And as to your other childish insults, randomly thrown and ill thought out. I do not think I'll dignify them with commentary, there are two people in this dispute, I am the victim, not you.

I am not sorry you are upset, think of my shock seeing this last night?

How many other times have you done this I didn't know about?
Had I not noticed it at all, it would have continued?

I think my 'high horse' is rather justified.

Your being indignant over this matter and at my ire at being a victim of theft really only confirms my initial reaction and perception of your character... you frankly had no respect for others and I am disinclined to show you the same respect you failed to give to me.

This matter is closed, for now. But rest assured I will be watching. And if I see you've done this to fellow artists, as I saw last night. You victimized my personal friends too, if you do it again, I will not hesitate to inform them... again.

Sincerely,
D. Sanders
"The Fablespinner"

Comments

( 2 comments — Leave a comment )
spubba
Aug. 16th, 2003 02:12 pm (UTC)
I still think you should sue her... you just might win.
spubba
Aug. 16th, 2003 02:51 pm (UTC)
It worked. Your fucktard has pulled down all of her auctions, at least the ones we know about.
( 2 comments — Leave a comment )

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