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  #21  
Old 04-13-2011, 03:38 PM
ronaldhanko ronaldhanko is offline
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I'm with you, Tom. There are probably people out there who use others' photos without being fully aware, but Ebay sellers and companies like Seattle Orchids should know better. It is shocking to me that it took them several weeks even to remove the photos. Whether they like it or not, it is theft.
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  #22  
Old 04-13-2011, 03:43 PM
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Marty Marty is offline
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Quote:
Originally Posted by gnathaniel View Post
Marty, I agree with most of what you said, but I take exception to the idea that we "cannot blame the thief."
--Nat
I was hoping that you'd look little beyond the literal. Yes, the thief is the ultimate culprit to blame. We're not living in a utopian world though. We all know that thieves are out there and always present. Utopian way is to blame the thief and then cry uncle. Realistically speaking, large part of the responsibility falls on the bike owner to protect their property and ensure proper protection measures are taken.

I'm not calling anyone a thief here, just illustrating the example. If I have a perfect quality photo and I decide to post it and allow 5 billion people to download it to their desktop, I have given up on protecting my property. Yes, you're still the copyright holder, but IMO it's a bit silly to give everyone a copy and then expect everyone to play nice, given the society is filled with unethical or unaware people.

It's very simple really. You can't part with the photo, don't post it online. Print it, frame it, hang it on the wall and enjoy it.

I'll do another bad metaphor It's like going into a bad neighborhood full of thugs and flashing a wad of cash or expensive jewellery and then being surprised when you get mugged. Knowing the neighborhood, Is the thief still to blame 100% ?

I guess I'm a little bit bent on prevention here, given the circumstance. Don't want photos lifted knowingly or not, don't flash them. Last month OrchidBoard was visited by 300 thousand people that viewed over 7 million pages.

If you don't want to get junk mail, make sure you don't post your email address on the forums. Harvesting bots scan posts for content all the time.

Forums are like the floor in a public bathroom
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  #23  
Old 04-13-2011, 04:01 PM
Brotherly Monkey Brotherly Monkey is offline
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Quote:
Originally Posted by ronaldhanko View Post
I'm with you, Tom. There are probably people out there who use others' photos without being fully aware, but Ebay sellers and companies like Seattle Orchids should know better. It is shocking to me that it took them several weeks even to remove the photos. Whether they like it or not, it is theft.
the funniest part is making vague threats of legal action for pointing this out
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  #24  
Old 04-13-2011, 06:52 PM
Paul Paul is offline
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I would still have to disagree with you, Marty. Yes the thief IS still 100% to blame. In your example, while it would indeed be unwise for someone to flash their money around in such a neighborhood (or anywhere else actually), no one forced the hypothetical thief to steal.

BM, I too found it rather amusing that Seattle Orchids tried playing -- in a vague way that it was -- the defamation of character arguement/threat. If it is true, it isn't defamation.
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  #25  
Old 04-13-2011, 10:50 PM
PaphMadMan PaphMadMan is offline
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Quote:
Originally Posted by RosieC View Post
Tindomul closing the thread was not censorship...
Do you have a better word for the prohibition of free communication? A newspaper that is prevented from publishing a story is even more effectively censored than one where all available copies are confiscated after the issue is distributed.
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  #26  
Old 04-13-2011, 10:57 PM
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cb977 cb977 is offline
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May I step in here?
Just how long are we going to beat the same drum?
Tom had every right to be upset, Tin had the right to close the thread AFTER the warning had been issued, explanations have been given, apologies have been made...life goes on!

Let's not allow this thread to become the main topic here in the forums...pretty please?
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  #27  
Old 04-13-2011, 11:17 PM
FairyInTheFlowers FairyInTheFlowers is offline
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Quote:
Originally Posted by cb977 View Post
May I step in here?
Just how long are we going to beat the same drum?
Tom had every right to be upset, Tin had the right to close the thread AFTER the warning had been issued, explanations have been given, apologies have been made...life goes on!

Let's not allow this thread to become the main topic here in the forums...pretty please?
I agree. Now I am not trying to offend anyone, but sometimes things happen, it might have or might not have been your fault. Yes you can get upset about, and yes you can tell others about it, but when you drag it on, I think it makes it more painful for everyone, including yourself! Just my
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  #28  
Old 04-13-2011, 11:46 PM
shadytrake shadytrake is offline
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I would say the US considers this a pretty important issue now in the digital age. Maybe the below information will make one think twice before "borrowing" an image without permission. It certainly reminded me.

"* Civil penalties ("damages"). The pirate is on the hook for up to $150,000 for each misused photo"

Thanks for reminding me, Tom. It is a serious problem and the artist should be given the opportunity to either be paid or give permission for their artistic property.
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  #29  
Old 04-15-2011, 07:54 PM
peeweelovesbooks peeweelovesbooks is offline
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I agree with the moderators that people need to be careful with what they post on the internet.

I strongly disagree with the idea that people are somehow "assuming the risk" of their copyrighted images being stolen just because they post them only. This flies in the face of copyright AND criminal law.

I also understand why Tom feels so strongly about this issue: it is his work, it is being used without his CONSENT OR KNOWLEDGE for profit.

However you cut it, it's unscrupolous, unethical and quite frankly, a not very wise business practice. The orchid world is very small; and word does indeed get around.

I will be very honest and say that I love this board over all others because of the spirit of camraderie and friendship that cannot be found anywhere else. The mods here are wonderful and the people who frequent this board have become my friends, even if I've never met most of them. I hope the board stays the same after this.

I frequently buy plants on ebay, and I will tell you this: as a lawyer, as hobbyist, and as a friend, I abhor behavior like this. So, from my end, I will tell you that I WILL NEVER buy another orchid from this vendor, or any affiliated company.

I hope Tom changes his mind and does not leave the OB.
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  #30  
Old 04-15-2011, 08:22 PM
ronaldhanko ronaldhanko is offline
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You are absolutely correct, Maria.
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