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"Creative" Copyright Policy


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#1
Derek Tonn

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In going through the sites of some of our former clients/associates' websites as I've been updating content on our own website, I recently stumbled across the following "creative" copyright policy: http://www.artistict...opyright-Notice

I doubt that page will be live very long...as I'm sure the State of Vermont and US government will take a "keen interest" in any company operating in this manner! However, I have heard through the grapevine that this all stems from essentially an ugly "professional falling-out" between the owner of this company and an independent illustrator he was working with.

Our firm also had a negative experience working with this particular company (though I won't get into specifics, for legal reasons). That said, I've never seen anyone so brazenly and publicly defy US Copyright law related to artists and their copyrighted materials. At least not here in the US. China? ....no comment. :P
Derek Tonn
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mapformation, LLC

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#2
François Goulet

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We have to give that to them... they have guts

#3
Derek Tonn

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Yes sir. Guts is an under-statement. Although I couldn't resist forwarding that information on to a relative of mine who happens to have taken multi-billion (with a "b") dollar patent and copyright infringement cases to trial for Fortune 500 companies around the globe. And won. I'm sure that copyright notice will be good for a few laughs around their water cooler.
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#4
François Goulet

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I should have said "guts and lack of common sense".

If you're stupid enough to yell it, you deserve to be caught (even though the only right thing to do is "just don't do it").

#5
Laura Miles

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It's plainly illegal to infringe on others' copyrights...there is much precedent for this in the legal system in the mapping industry...therefore their only defense would be that they hadn't infringed...which they just said they do all the time! Love it.
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#6
Jean-Louis

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That is a very strange thing....
Definitely, it looks as if this note was inserted without their knowledge. Probably by an irate former collaborator who has access to the website.

On another note, Copyright violation may be illegal but it is difficult, expensive and time-consuming to pursue. Unless there are megabucks involved (and for most mapwork it is not the case) infringements are very rarely pursued beyond chest-pounding letters.
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#7
Derek Tonn

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Nope. From what I've been told, that was done at the direct request of the owner of that company...thumbing his nose at a friend of mine and his attorney. Basically daring them to sue him. I chalk it up to the fact that he must have recently learned he has months to live (terminal illness) or something...as that type of thing is just plain stupid. More than stupid...and also very sad. That someone would have that little respect for the law and his fellow human beings.
Derek Tonn
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mapformation, LLC

datonn@mapformation.com
http://www.mapformation.com

#8
ravells

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Nope. From what I've been told, that was done at the direct request of the owner of that company...thumbing his nose at a friend of mine and his attorney. Basically daring them to sue him. I chalk it up to the fact that he must have recently learned he has months to live (terminal illness) or something...as that type of thing is just plain stupid. More than stupid...and also very sad. That someone would have that little respect for the law and his fellow human beings.


Well if they do sue, it looks like they have an admission right there.

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#9
Jean-Louis

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That makes it even more bizarre Derek.

Perhaps then, this would confirm my second hypothesis. ie that he is aware that these issues are all about ego competition and that in small copyright cases, nobody actually goes beyond threats of suing because the process is so convoluted, uncertain and expensive for a small operator.

Mind you, this is because one of the biggest snags in pursuing somebody for infringement is that the onus is on you to prove that the person has consciously and willingly infringed. Maybe this guy is so blinded by the ego-contest that he has just destroyed his own defense giving his opponent a very rare opportunity.

Outside of the big leagues when there is large money at stake (for lawyers!), I would be curious to know if anyone in this forum has an experience of successfully winning an actual case against someone who has infringed.
Jean-Louis Rheault
Montreal


#10
Laura Miles

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...in small copyright cases, nobody actually goes beyond threats of suing because the process is so convoluted, uncertain and expensive for a small operator.


Just wondering if anyone has any experience in this? I have heard before that it is expensive and time-consuming to pursue, but have also heard that is a myth.
Laura

#11
rudy

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Wow. That's quite a statement to make. I wonder how they feel when their copyright is infringed . . . maybe we should all be copying their maps.

#12
Jean-Louis

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Wow. That's quite a statement to make. I wonder how they feel when their copyright is infringed . . . maybe we should all be copying their maps.


That is in fact true Rudy.I am pretty sure that the statement would seriously complicate the already difficult process of protecting their own stuff.

Laura, I think enforcing can be both easy or complicated depending on the issue. I know a small map company who got a 6 figure settlement against a distributor who got into to the business of reproducing and selling their products behind their backs. But the same people also spent just as much pursuing other cases that were a total waste of time and large money.
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#13
ravells

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Wow. That's quite a statement to make. I wonder how they feel when their copyright is infringed . . . maybe we should all be copying their maps.


Except you would probably be copying maps that they have copied without permission!

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