http://www.eccie.net/showthread.php?p=515999#post515999
Any class action attorney's able to give advice? Would be appreciated. I think that we should have rights as to how our images are used.
Thanks!
Katherine
- guest072811
- 08-18-2010, 08:53 PM
- AustinBusinessTraveler
- 08-18-2010, 09:56 PM
No class action because there's not going to be a group of you willing to step up and sue them.
Have you copyrighted the photos? If not, no big deal, you just have to go ahead and register them.
Of course, you'll need an affidavit stating your name and all of your personal information stating that it is you in the photos. Then you'll need to hire an attorney to track down the site owner (no one lists a site address so I couldn't tell you if it's privately registered or even if its registered in the US). If they are registered privately in the US, since you don't have a registered copyright, you'll have to contact law enforcement and explain all of the details to them so they can approach the private registration company. That may or may not clear everything up (depends on the host in addition to the registration company).
If they are not in the US, you're simply shit out of luck. The only reason people go offshore is to register in countries that could give two shits about copyright/trademark law.
So, I think you should all group together, pay an attorney to start all the legal action (probably a retainer of 10-20K to start, with costs getting out of control quickly). File the affidavits, copyright the photos through the US Copyright office, and go after them.
That said... since we all know that's not going to happen... keep writing e-mails and hoping they choose to do something about it (not likely). ANYTHING you put on the internet is there forever, regardless of what you think.
Examples:
http://web.archive.org/web/200111302...tp://aspd.net/ (ASPD from 11/30/2001)
http://web.archive.org/web/199911271.../www.aspd.net/ (ASPD from 11/27/1999)
http://web.archive.org/web/200801121.../risquebb.com/ (Risque BB's lineup from 01/12/2008 - pics aren't in here, but those are easy enough to get as well).
Conclusion:
Be extremely careful what you put out there about yourself because you have ZERO control over it once posted.
Image control is an industry online as the cost of "putting the genie back in the bottle" is prohibitive for a person with nothing to hide, much less one who has reason to avoid outing themselves.
Have you copyrighted the photos? If not, no big deal, you just have to go ahead and register them.
Of course, you'll need an affidavit stating your name and all of your personal information stating that it is you in the photos. Then you'll need to hire an attorney to track down the site owner (no one lists a site address so I couldn't tell you if it's privately registered or even if its registered in the US). If they are registered privately in the US, since you don't have a registered copyright, you'll have to contact law enforcement and explain all of the details to them so they can approach the private registration company. That may or may not clear everything up (depends on the host in addition to the registration company).
If they are not in the US, you're simply shit out of luck. The only reason people go offshore is to register in countries that could give two shits about copyright/trademark law.
So, I think you should all group together, pay an attorney to start all the legal action (probably a retainer of 10-20K to start, with costs getting out of control quickly). File the affidavits, copyright the photos through the US Copyright office, and go after them.
That said... since we all know that's not going to happen... keep writing e-mails and hoping they choose to do something about it (not likely). ANYTHING you put on the internet is there forever, regardless of what you think.
Examples:
http://web.archive.org/web/200111302...tp://aspd.net/ (ASPD from 11/30/2001)
http://web.archive.org/web/199911271.../www.aspd.net/ (ASPD from 11/27/1999)
http://web.archive.org/web/200801121.../risquebb.com/ (Risque BB's lineup from 01/12/2008 - pics aren't in here, but those are easy enough to get as well).
Conclusion:
Be extremely careful what you put out there about yourself because you have ZERO control over it once posted.
Image control is an industry online as the cost of "putting the genie back in the bottle" is prohibitive for a person with nothing to hide, much less one who has reason to avoid outing themselves.
- Gump42
- 08-18-2010, 10:02 PM
You're out of luck regarding a class action. You need a copyright attorney who will, ironically enough, charge you an hourly rate to screw you.
- AustinBusinessTraveler
- 08-18-2010, 10:18 PM
Well put 42... well put.
- Guest091010-2
- 08-18-2010, 10:39 PM
- Carl
- 08-19-2010, 12:20 AM
- Guest091010-2
- 08-19-2010, 12:30 AM
- Guest092810
- 08-19-2010, 12:52 AM
- Guest091010-2
- 08-19-2010, 01:07 AM
- Artie Lange
- 08-19-2010, 03:26 AM
Carl has a friend (lover) in Houston who not only is a hobby lawyer, but he also invented the legal and hobby professions.
- Slotgoop
- 08-19-2010, 06:53 AM
- Carl
- 08-19-2010, 08:21 AM
- guest072811
- 08-19-2010, 08:35 AM
Wow, now that I am back in front of a computer, please let me expand upon what I wrote.
I know that some of the ladies are willing to go the distance. I appreciate the feedback and if anyone is willing to assit them, please go to the thread and make yourself known. True, things that you place on the internet are not sacred, however, I don't think that anyone expects the showcases of several hundred women hijacked.
As best as I can tell from those effected, this information was taken from several sources within the hobby community and some were surprising. Some of the information is false, some outdated.
Hopefully, they will at least work with those involved to take down the information that can do damage.
I know that some of the ladies are willing to go the distance. I appreciate the feedback and if anyone is willing to assit them, please go to the thread and make yourself known. True, things that you place on the internet are not sacred, however, I don't think that anyone expects the showcases of several hundred women hijacked.
As best as I can tell from those effected, this information was taken from several sources within the hobby community and some were surprising. Some of the information is false, some outdated.
Hopefully, they will at least work with those involved to take down the information that can do damage.
- AustinBusinessTraveler
- 08-19-2010, 08:52 AM
Katherine... you know several women willing to go all the way with this?
Let me give a little idea of what to expect over the next few months from a friends current trademark / copyright dilemma.
Hire an attorney to take you through the copyright process... a good one will cost you at least 5K for each person's images. Wait 10 weeks to 6 months for registration (per the US Copyright Office).
During that 10weeks to 6 months, spend 3-10K per month pulling website ownership information, preparing notices, corresponding with the owners who will tell you to pound sand (until you have a registration, they have no reason to be concerned).
Registration comes! YEAH! Let's all party. Well, my friends company is currently spending 70K/month fighting a trademark / copyright infringement act - and his case is cut and dried... no messy internet or international laws to be concerned with.
I understand the feelings you have and the animosity, but the idea that a group of you will take on a 75K-500K legal battle is not reality. No lawyer will do it pro bono because you're in federal court and the deadlines are a nightmare.
Your best bet is to work with the site owners specifically. If you posted the site name or PM'd it to any of the legal / tech savvy among us, they could help track back the site information so that perhaps you could email the people directly.
Best of luck
P.S. Anyone who has posted pics on CL, BP, eros, or any other site known to be mirrored has already lost those pics in the copyright process for the most part. Essentially you've issued a public license.
Let me give a little idea of what to expect over the next few months from a friends current trademark / copyright dilemma.
Hire an attorney to take you through the copyright process... a good one will cost you at least 5K for each person's images. Wait 10 weeks to 6 months for registration (per the US Copyright Office).
During that 10weeks to 6 months, spend 3-10K per month pulling website ownership information, preparing notices, corresponding with the owners who will tell you to pound sand (until you have a registration, they have no reason to be concerned).
Registration comes! YEAH! Let's all party. Well, my friends company is currently spending 70K/month fighting a trademark / copyright infringement act - and his case is cut and dried... no messy internet or international laws to be concerned with.
I understand the feelings you have and the animosity, but the idea that a group of you will take on a 75K-500K legal battle is not reality. No lawyer will do it pro bono because you're in federal court and the deadlines are a nightmare.
Your best bet is to work with the site owners specifically. If you posted the site name or PM'd it to any of the legal / tech savvy among us, they could help track back the site information so that perhaps you could email the people directly.
Best of luck
P.S. Anyone who has posted pics on CL, BP, eros, or any other site known to be mirrored has already lost those pics in the copyright process for the most part. Essentially you've issued a public license.
- richcran
- 08-19-2010, 09:07 AM
From the smart ass answers you received I would almost bet it is someone setting up some type of scam or info gathering site. If you took the help of some of the 'tech savvy' folks here and started contacted them in means other than their website.....it could make them nervous......probably worth a shot anyway......