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From:
Sonam Dasara <[log in to unmask]>
Date:
Sat, 12 Apr 2003 13:10:36 -0400
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Hello All,
 
I read with amazement the cavalier attitude of some FML'ers concerning
the theft of a digital image, a graphic with a specific ferret on it -
and I used the word "theft" knowingly: not only am I a web-site developer
by evening, but I am a lawyer by day, and have been one for over 20
years.  Let me address a few points:
 
* "it's not worth much..." -
Really!  What logic!  Let's talk about that: in my state, Ferrets sell
for WELL under the dollar amount for prosecution for even the most minor
of crimes.  If someone stole or killed your ferret, how would you feel if
a prosecutor said to you "Why are you making such a big deal?  It's not
worth much.  Go out and buy another." This button is a work-product of
an individual, who valued it enough to copyright it, and who is proud of
creating it.  Why do some people feel the need to shame the author for
caring about his/her work.  My response to them is: go out and spend $500
for Adobe Photoshop, spend a year or so learning how to use it, and
create your own damn button - don't steal someone else's!  Or go to a
site that gives out free buttons, but read their EULA carefully: they
too expect to be given credit for their work!
 
* In the web-development community, people generally ASK if they can use
a digital image - and guess what?  75% of the time the answer is "Yes,
if you give the author credit".  Obviously those who stole it are too
boorish to ask first, or simply have a need to have viewers believe that
they are a digital artist, when they are not.
 
* "All you have to do is change one pixel..."
Pure urban legend.  Nuff said about amateur lawyers...
 
* "Litigation is expensive".
Yes, it is.  But what I would do is immediately contact the ISP or owner
of the server upon which the stolen image now resides, and inform them
of the copyright violation.  In 99% of cases, they will ask the web-site
owner to remove the copyrighted material, or have the site shut down in
24 hours.  You don't always need to litigate to obtain justice.
 
* It can't be prevented.
Not true.  If you know a scripting language, you can make it VERY
difficult for someone to copy your images, and if they DO succeed, you
can now easily prove that it is theft, and not a "misunderstanding".
 
* What exactly IS the point of stealing another's digital image, and then
putting it on a web-site without permission?  That you are an artist?
That you created it?  That you just wanted to take credit for another's
work?  Hmmm?  All of these lame excuses demonstrate core dishonesty, and
lack of respect for your fellow human being.
 
I guess what I find most disturbing about this is how many FML readers
are attempting to trivialize this.  If one is an artist or writer and has
taken the trouble to purchase expensive software and learn how to use it,
they have the right to feel that any a-hole who can right-click should be
prevented from stealing their hard work.  And as far as trivializing
another's point of view, remember Rudy Guliani's comments about people
who love "those little weasels" needing therapy.  How did that make YOU
feel.
 
I am amazed that I am apparently the first FML'er to respond like this.
But the Lecture is over.  But try to take this away: the breakdown of
the fabric of society usually starts with one small act.
 
Ciao,
Sonam
 
[log in to unmask]
 
ELECTRIC INK  STUDIO
WEB SITE DEVELOPMENT AND DESIGN - Individual and Corporate
www.electric-ink.com
[Posted in FML issue 4116]

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