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Fwd: Copyright infringement on pan0.net

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  • 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
    Message 1 of 3 , Jul 21, 2009
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      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 <matthias.taugwalder@...>
      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
    • Seb Perez-D
      On Wed, Jul 22, 2009 at 08:50, Matthias Taugwalder ... I m sorry to bring up this old thread, but I noticed that some of my images have been recently added to
      Message 2 of 3 , Jun 23, 2010
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        On Wed, Jul 22, 2009 at 08:50, Matthias Taugwalder
        <matthias.taugwalder@...> 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
      • 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
        Message 3 of 3 , Jun 23, 2010
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          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.*
          - Rapha�l 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 <sbprzd@...> wrote:

          >
          >
          > On Wed, Jul 22, 2009 at 08:50, Matthias Taugwalder
          > <matthias.taugwalder@... <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
          >
          >


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