If they were not able to show they were taking steps to rectify the issue, this could certainly be used IMHO
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Pick any 12 of the more popular "Tylor" photos.
Use Google reverse-image search on each photo.
Find nearly 1000 unique impressions of the photos combined on "free wallpaper" sites worldwide.
Take screen shots. Print-out screen shots single-sided.
Pile is 2-and-a-half inches thick.
File for summary dismissal and submit pile of papers documenting the scam
Profit?
S.G.
File for summary dismissal and submit pile of papers documenting the scamAre you merely suggesting it's worth a shot? Or are you an experienced attorney saying you believe you would have a high probability of winning the summary dismissal?
Profit?
S.G.
They suspect that originally a hacker gained access to the high resolution images. Once distributed to free wallpaper sites, they spread out widely.I don't think anything that would be described as "hacking" hacking is required.
There has been a lot of speculation about how the HAN images got dispersed on so many free wall paper sites. Nobody's really sure and there is a lot of conjecture flying around.
So I asked them.
Here is the content of my letter:
Hi,
I notice that some of the print photographs you sell are available on free digital wallpaper sites like http://www.webshots.com. It seems like some of your artisans are posting their images on these sites and they are offered "Free" or for a very low download price. The exact terms of these "Wallpaper sites" are vague. But many individuals believe it includes permission to use these images on their own web site. This has resulted in several recent "Demand Letters" issued by Hawaiian Art Network for copyright infringement.
Although I am a strong advocate for copyright, this situation has led to a great deal of confusion in the marketplace. Are you aware of this situation? Are your artists at liberty to distribute their images through other outlets? Has H.A.N. contacted these sites and asked them to stop providing these image?
Thank you for your attention to this matter.
Jerry Witt
I was pleasantly surprised to get a reply the very next day. The position of HAN tracks with what has been said here. They say they HAVE issued takedown notices (hundreds), but many in the Eastern European sites don't respond. They suspect that originally a hacker gained access to the high resolution images. Once distributed to free wallpaper sites, they spread out widely.
I invited the representative of HAN to join the discussion here and I hope he takes up the offer.
So I asked them.
I was pleasantly surprised to get a reply the very next day. The position of HAN tracks with what has been said here. They say they HAVE issued takedown notices (hundreds), but many in the Eastern European sites don't respond. They suspect that originally a hacker gained access to the high resolution images. Once distributed to free wallpaper sites, they spread out widely.
I invited the representative of HAN to join the discussion here and I hope he takes up the offer.
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