I have a friend who has a myspace resource site , he just got a mail telling him he will now be sued for having a myspace layout in his site which is not his property .. In his site , there is the text "All Trademarks are owned by their respected owners. All graphics copyright by their respected creators" .. This is not enough?
Copyright is just what it sounds like - the right to make copies. Your friend should not have anything for download that he does not explicitly have the right to make copies of. That means that your friend should only have material that 1) he created himself 2) that is explicitly in the public domain or 3) that he has explicitly been granted the rights to make copies (for example, by purchasing the rights). If he does have permission to use the images and text on his site, he should clearly state that somewhere, so there is no confusion. I don't know much about trademarks, except that trademark holders have to vigorously defend their trademarks, or they could lose them. Even if your friend isn't sued, his web host could take down his site. I would say that it's just not worth it.
I'm not sure I understand and want to get this straight. (1) Is the layout his property or did he take it from someone else? (2) Does the layout include graphics or some identifying mark that makes it pretty simple to tell where your friend may have taken the materials from? A generic layout isn't usually copyrightable but something tells me that there is a substantial similarity of something more complex. (3) Are you stating that putting up that text is like a disclaimer, that you can use it because you're giving some anonymous person credit for the materials that you are ripping off and including on your site? I hope you're joking. Common sense dictates that taking the property of others at their expense (you aren't paying for it but they have) you should expect someone to come after you for your wrongful action. It scares me to think that anyone could even attempt to justify stealing and try to pass it off as innocent behavior.
I've seen quite a few posts in forums lately about people with a "myspace resources site" copying someone else's layouts and giving them away on their own pages and getting in trouble for it. Most people who spend a lot of time on (web design, myspace layout, whatever) wouldn't be too happy with someone else jacking their design and putting it out there for free without their permission. Most people who spend a lot of time doing a unique layout do so for the sake of being unique and not one of a million cookiecutter layouts.
1- put a submit your layout form and abuse form to the site 2- Disable search engine cache ( <META NAME="ROBOTS" CONTENT="NOARCHIVE"> ) 3- When you sure the s.e cache is disabled email the guy ; We are sorry that layout was user submitted , sorry for that issue we are removing the layout now.byeeee