1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

I'm being sued after a purchase for this forum - Help!

Discussion in 'Legal Issues' started by colin008, Feb 6, 2009.

  1. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #21


    I was just giving you a hard time, don't take it seriously. It just seemed like a fair jab since you posted your comment in the same post as telling everyone how extradition applies in this case and the plaintiff could have someone extradited over a civil case and recover those costs.
     
    browntwn, Feb 7, 2009 IP
  2. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #22
    :D Ok :D

    I should have clarified it in my original post that I was talking more about the criminal portion :D

    Sorry :D
     
    hostlonestar, Feb 7, 2009 IP
  3. Sem-Advance

    Sem-Advance Notable Member

    Messages:
    6,179
    Likes Received:
    296
    Best Answers:
    0
    Trophy Points:
    230
    #23
    No not hotels..... we keep them in Guantanamo and other secret locations the CIA have :eek: Time is of no matter, we're the US and can hold people forever.....

    :D:D
     
    Sem-Advance, Feb 7, 2009 IP
  4. HealingTone

    HealingTone Peon

    Messages:
    62
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #24
    Try contacting them personally first. Apologize, grovel if you have to. Explain that you bought them in good faith and that you did not know about copyright.

    If that fails then seek advice.
     
    HealingTone, Feb 7, 2009 IP
  5. ~kev~

    ~kev~ Well-Known Member

    Messages:
    2,866
    Likes Received:
    194
    Best Answers:
    0
    Trophy Points:
    110
    #25
    Negative - the first and only thing you should do is seek real legal advice from a real lawyer.
     
    ~kev~, Feb 7, 2009 IP
  6. kolucoms6

    kolucoms6 Active Member

    Messages:
    1,198
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    75
    #26
    So, is it ok if anyone puts OBAMA picture on his/ her marketing website(selling some product) OR again ILLEGAL ?
     
    kolucoms6, Feb 7, 2009 IP
  7. jonathon

    jonathon Active Member

    Messages:
    523
    Likes Received:
    18
    Best Answers:
    0
    Trophy Points:
    60
    #27
    The extradition treaty is no longer valid with the U.S. and is under Judicial Review.
     
    jonathon, Feb 7, 2009 IP
  8. Sem-Advance

    Sem-Advance Notable Member

    Messages:
    6,179
    Likes Received:
    296
    Best Answers:
    0
    Trophy Points:
    230
    #28
    Where did you pull that from thin air?

    I would tend to doubt the two largest allies are not going to let each others criminals run around in their countries....:rolleyes: Politicians are into each others pockets deeply......

    Dont believe everything you read in a newspaper....

    France does not extradite criminals..... but Abbie Hoffman was brought back to the US to face murder charges of Holly Maddox 30+ years earlier.....

    Heres another name where there was not an extradition treaty -- Manuel Noriega ;) one way or another we get the criminals we are after.....
     
    Sem-Advance, Feb 7, 2009 IP
  9. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #29
    If you are not the one that took the picture in a public place, then yes, it is illegal.
     
    hostlonestar, Feb 7, 2009 IP
  10. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #30
    So the US can't extradite anyone that is under indictment/wanted by a foreign court? But yet, we can give over suspected terrorists to any other country we feel like?

    BTW, its not just one treaty, its a treaty with each and every country. So that is quite a few treaties that are, according to you, null and void. I haven't heard anything from any official channels about that, so until I do, I will take that with a grain of salt. The media loves to get certain details wrong.....
     
    hostlonestar, Feb 7, 2009 IP
  11. jonathon

    jonathon Active Member

    Messages:
    523
    Likes Received:
    18
    Best Answers:
    0
    Trophy Points:
    60
    #31
    The U.S. can't extradite UK citizens as the Gary McKinnon case is now in judicial review and that covers all UK citizens.

    http://news.bbc.co.uk/1/hi/uk/7846442.stm
     
    jonathon, Feb 7, 2009 IP
  12. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #32
    Your source does not say anywhere in it no UK citizens will be extradited. It just says they're not going to extradite HIM. There is quite a bit more people in the UK than this one guy.

    There is a difference between the US not being able to extradite anyone, and the US not being able to extradite this one guy.

    Your source even says the application for judicial review has not been heard yet........
     
    hostlonestar, Feb 7, 2009 IP
  13. kolucoms6

    kolucoms6 Active Member

    Messages:
    1,198
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    75
    #33
    Better, I should AVOID it :D

    Anyways , thanx a lot.
     
    kolucoms6, Feb 8, 2009 IP
  14. bogart

    bogart Notable Member

    Messages:
    10,911
    Likes Received:
    509
    Best Answers:
    0
    Trophy Points:
    235
    #34
    How much do they want for the images?
     
    bogart, Feb 8, 2009 IP
    wisdomtool likes this.
  15. 2012gifts

    2012gifts Guest

    Messages:
    31
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #35
    Call them and work out a deal. They will have to prove that they incurred a loss. How did you using images on a small, almost unknown forum that you own, cause this individual any losses?

    The burden of proof is on them. They have to
    1. prove your unknown site hurt them
    2. provide evidence that they own the image
    3. prove that the image you are using is indeed the same as theirs
    4. prove how much their image is valued at
    5. prove that the total damages they say we incurred is actually that high (they need real proof that you using the image cost them money or damaged them. (just because they said it does, does not mean it actually did, they need evidence)

    I would go find how many unique hits (visitors) you receive a day

    Find how much money that image has made them in dollars in the past

    Calculate how much downtime your site has had (you can say it was not up the whole time due to so and so server issues, therefore minimizing damages)

    Find any small detail you can use to minimalize them. Stats, hits (your site and theirs)



    Consider this: Even if they own the image: what damages would you do to them if they are some lame ass self employed person who lives in an apartment, but incorporated himself. He gets maybe 100 hits a day, a daily income of almost nothing.

    If he is a nobody, just because you used him image, it does not mean it actually hurt him
     
    2012gifts, Feb 9, 2009 IP
  16. clickalot

    clickalot Peon

    Messages:
    101
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #36
    Don't call them yet Colin. Work out where you stands first with a lawyer. Then, let them deal via letter. I sent you a PM.
     
    clickalot, Feb 9, 2009 IP
  17. venturefox

    venturefox Notable Member

    Messages:
    1,327
    Likes Received:
    38
    Best Answers:
    0
    Trophy Points:
    245
    #37
    I'm pretty sure the extradition treaty between the US and UK is still valid. I think it's absolutely hilarious you even brought up "extradition" in this particular case. I would like to think no English court would ever deport someone for a few copied images like this and quite rightly too!

    The U.S authorities may however arrest you if you ever visit there after the courts find you guilty - that depends how you settle this issue though.
     
    venturefox, Feb 9, 2009 IP
  18. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #38
    Venturefox, I was off in my own little word for a little bit there, but I don't edit the content of my posts unless I'm adding something or fixing it so I didn't change it.

    If you fail to appear in court than a warrant will be issued for your arrest. At which time, if the city/state/whatever court jurisdiction the suite is filed in, wants to pay for extradition, then it would become an issue there. However, more than likely, this would not happen in this case as the value will not be that much of the losses.

    And @ the OP, the burden of proof in civil court is not the same as criminal court, it is only a preponderance of evidence, which is about 51%. So that is all the person has to sue for. More than likely, any half decent attorney can come up with a way to prove some loss. Not very much, but a little bit, on the part of the "owner". Get a lawyer, and have your lawyer try to work a deal. The very first thing they must prove is that you willfully violated their copyright, and didn't believe in good faith you were violating it, nor that a reasonable person would believe they were if they were in your shoes. If a reasonable person would believe they were purchasing the images rightfully, then you should be good in a lawsuit. They also have to establish copyright ownership. Those are musts.
     
    hostlonestar, Feb 9, 2009 IP
  19. Karen May Jones

    Karen May Jones Prominent Member

    Messages:
    3,469
    Likes Received:
    290
    Best Answers:
    1
    Trophy Points:
    380
    #39
    OMG, take it to judge judy. Better yet, call gretta van susturn *sp?*.

    I thought in civil they don't issue bench warrants, but rather issue in favor of the complaining party?? (with enough proof)
     
    Karen May Jones, Feb 9, 2009 IP
  20. venturefox

    venturefox Notable Member

    Messages:
    1,327
    Likes Received:
    38
    Best Answers:
    0
    Trophy Points:
    245
    #40
    Say this were true, the case for extradition would have to be sent through the UK court system first and it would get thrown out for being absurd. When you look at the trouble our courts have trying to deport someone who hacked the Pentagon I doubt theres any issues here. So, let's forget anything about extradition and look at the real issues the OP faces.
     
    venturefox, Feb 9, 2009 IP