Cichlids of Victoria

CichlidsofVictoria.com is dedicated to the discussion and husbandry of African Cichlids especially the Victorian species
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 Post subject: Re: Does anybody know this guy? (blue rock krib)
PostPosted: Tue Jul 12, 2011 6:41 am 
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No drama Jim just sheer curiosity.
I think the interested party's should PM some info. I know I wouldn't want to buy vics blindly!

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Tue Jul 12, 2011 6:41 am
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 Post subject: Re: Does anybody know this guy? (blue rock krib)
PostPosted: Tue Jul 12, 2011 7:31 am 
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AlphaWild wrote:
Just to add my 2 cents....the reason I looked up the guy's actual name was for my own knowledge. He seems to have a good selection of fish, and if I decide I want those fish, I want to ask around about this guy. Maybe my friends have bought good fish from John Q. Cichlid in the past, before he started up an internet business, and that's good info to know. I presumed the original poster wanted that same info for the same reason. I don't think there's anything illegal about posting the owner's name of a business which is completely public record. But it might be poor internet etiquette, which is why I didn't post it. Now, I do believe anyone can sue anyone over anything these days, but even so, I don't see any realistic threat of that here. Doesn't hurt to think twice before posting someone's name/info for any reason though.


Exactly.

We do appreciate your looking out for us, Troy.


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 Post subject: Re: Does anybody know this guy? (blue rock krib)
PostPosted: Tue Jul 12, 2011 8:13 am 
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Fern wrote:
:shock: Most of his pics are stolen! Most of the vic pics were stolen from here!


Big Jim wrote:
I have seen most of those pictures before. Who is this guy?


He has 17 Victorians listed for sale and 15 pictures. Of those 15 pictures, 9 were taken from my web site.

Kevin

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Tue Jul 12, 2011 8:13 am
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 Post subject: Re: Does anybody know this guy? (blue rock krib)
PostPosted: Tue Jul 12, 2011 9:44 am 
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If I remember enough from LA law, In the simplest terms it goes like this... If I were to say...

1) "John Q Cichlidface is stealing photos"

In this instance there is potential for a lawsuit, though given the facts the lawsuit would likely not go well for John since slander must be based on unwarranted accusations (last time I checked).

2) "John Q Cichlidface is stealing photos, he is a terrible businessman, don't trust him, he may send you dead fish or maybe just pictures which he didn't take himself of dead fish."

In this instance as soon as you say he is a terrible businessman the door opens for a successful lawsuit, because now you are slandering. Even if a person named John stole pics, you have now said things which may or may not be true, but have no hard facts to support them.

3) " It seems that John Q Cichlidface may be using photos without permission. If this is true I don't feel it is a very good way to go about drumming up business.I feel the true mark of a good businessperson is to build a reputation on honesty and I especially feel promotion of their goods is best done through display of the actual goods on hand rather than stock photos, or others photos.

In this instance (my personal favorite) You have never stated anything as a fact except your personal feelings on business practices which may or may not pertain to Mr Cichlidface. So, what you have done here is conveyed a message without ever saying "He did it, He is bad, he will send you dead fish". In this situations John Q Cichlidface would be an idiot to even consider taking you to court. The polite language used also goes miles in court rooms when you state your case, not to mention showing your standards for high business practices.

Also don't forget John has to also pay for a lawyer unless he is one or wants to play one, and he MAY ******** off a large community of people, some of which MAY have had intellectual rights infringements at the hands of John, and perhaps have potential lawsuits of their own to file.


This is all just to point at the law, not at the person that inspired this thread. I am always looking for new Cichlid sellers, and I can understand how someone could not really understand that using other peoples pics without permission especially for business purposes is a no no. I feel the best thing this person could do since half the Vic keepers in the US frequent this site is to simply log in, say hello, and tell us a little about their self. I wouldn't even ask for an apology, just a statement that the pics will be removed. In doing this I feel the person would show the highest class, and potentially bolster their sales.


Sorry for the long post, but just thought it may help, don't want a forum full of people afraid to say their FEELings on what MAY be ;)


Tue Jul 12, 2011 9:44 am
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 Post subject: Re: Does anybody know this guy? (blue rock krib)
PostPosted: Tue Jul 12, 2011 2:51 pm 
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I agree, with everyone in this matter. It can be frustrating to see your photos being used somewhere other than where you put them. I have spoken to John Q. Cichlid. His name is Nelson. I have chatted with him several times over the past couple of years, I cannot verify his character other than by saying I have spoken to him on the phone and that I have sent him fish. He has explained to me that he paid a web developer to build his website and the web developer was responsible for posting the photos that do not belong to him. The web developer told him that he need not worry about the photos as they had not been copyright yet. Obviously his web developer has not read copyright law.

I have registered several items to copyright and I can tell you, the only time a copyright is useful is when you wish to sue someone for infringing upon your rights. If you have posted a photo to a website you own, then the work receives copyright protection from the day you post it on the website that you own. Once posted, it is then considered Published and Copyright.

Do I need copyright registration to fend off people who use my images without permission. NO
Do I need copyright registration in order to sue someone for a monetary settlement for infringing upon my rights. YES

Below is a Q&A I found on the Copyright website.

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.

http://www.copyright.gov/help/faq/faq-g ... tml#mywork

I hope this clarifies the copyright situation.

I do not see anything here that would lead me to believe that Nelson was trying to rip any any one off or cause drama. I see a guy hiring a web developer that knows very little about the laws around web, photo, literary copyrights.... He is removing all photos that do not belong to him.

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Tue Jul 12, 2011 2:51 pm
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 Post subject: Re: Does anybody know this guy? (blue rock krib)
PostPosted: Tue Jul 12, 2011 5:00 pm 
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In reply to the original question 'does anyone know this guy?'
Yes, He called me long time friend with good quality fish. I have bought plenty of fish in the past from him and they were all top quality!

He is taking down all the photos and didn't mean to offend, he was using them as representations of the fish. Kevin, Your pics are top quality, no wonder so many were borrowed.

Again I will say good guy, good fish, no harm no foul guys :mrgreen:

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 Post subject: Re: Does anybody know this guy? (blue rock krib)
PostPosted: Wed Jul 13, 2011 8:11 am 
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Glad to hear it was a simple misunderstanding. I think allot of fish keepers are happy to share pics to help out if simply asked.


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 Post subject: Re: Does anybody know this guy? (blue rock krib)
PostPosted: Sat Jul 30, 2011 5:17 pm 
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I went and check and all the pictures are down, good job on his end.

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"When injustice becomes law, resistance becomes DUTY!"
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Sat Jul 30, 2011 5:17 pm
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