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Is this copyright infringement?


SsZERO

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Last time I checked, if you are authorized to sell a particular product from a particular manufacturer, and you use a "stock" photo on your site, there is nothing wrong with that. PRetty much all websites do this. But today I got an email telling me otherwise. This really seems like a hot heaping helping of BS, but before I go ahead and give them my 4-word review, I'd like to ask if anyone else on here has been harrassed by this alleged company, Netenforcers. I find it odd how Crutchfield would claim that Blaupunkt is their copyright.

 

Here is the email I got:

 

Re: Violation of Blaupunkt Copyright To, www.holomaxx.com It has come to our attention that you have made an unauthorized use of our copyrighted work entitled Blaupunkt (the "Work") in the preparation of a work derived there from. Blaupunkt, has reserved all rights in the Work, and has registered copyright therein. Your website entitled [www.holomaxx.com] is using Blaupunkt Images and/or Text from Blaupunkt's copyrighted material. Unauthorized web pages containing Blaupunkt material: http://www.holomaxx.com/trade/product_info...products_id/199 http://www.holomaxx.com/trade/product_info...products_id/198 Net Enforcers Inc, is a copyright and trademark enforcement company hired by Blaupunkt Inc. Our Client Crutchfield demands that you immediately cease the use and distribution of all infringing material derived from our clients website, including electronic copies and that you desist from this or any other infringement of our rights in the future. If Net Enforcers, Inc has not received an affirmative response from you within three working days indicating that you have fully complied with these requirements, our client will take further legal action against you and the illegal activity will also be reported to your State Attorneys Office for DMCA violations. If you are unaware, the enforcement of the DMCA has become a serious issue, with convictions already ruled in California. If there are no changes on the said site, then legal prosecution will be sought and the websites will be removed from the internet as per the Digital Millennium Act of 1998 and will continue to be unavailable until the infringing material is removed. Furthermore, your site's Internet Service Provider will be contacted and under the DMCA of 1998, your website will be unavailable to the internet until the said copyrighted material is removed. Below are the written definitions of the laws behind copyrighted material: Contrary to popular belief, the fact that material is posted on the world wide web does not mean it is in the "public domain" or otherwise free to be taken, copied or used by others. Creators of web content probably have copyright, trademark, and other rights in the material they create. Copying, modifying and possibly linking to content created by others could expose you to legal liability. What is a copyright? A copyright is the protection given in the United States to certain original works of authorship, including text, pictures, music, etc. The owner of a copyright holds the exclusive rights to duplicate, distribute and create derivative works from his work. Websites often contain text, photographs, and the names/trademarks of companies. More information about Copyright law can be found at: http://www.copyright.gov/title17/ Material from the DMCA of 1998 Convention: (i) to remove or alter any electronic rights management information without authority; Integrity of Copyright Management Information Article 12 of the WCT provides in relevant part: Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne As you neither asked for nor received permission to use the Crutchfield Material as the basis for advertising of your website, of same, we believe you have willfully infringed our rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504©(2) therein . Confirmations of cooperation can go to the following email address: [email protected] If Net Enforcers, Inc receives a email stating cooperation and the website is then verified of this change, then the pending case will be closed. If you have any legal questions of what you can and can not do, you may consult DMCA (Digital Millennium Copyright Agreement) representation in your local phone book. Net Enforcers can not provide any legal advice or recommendations for your website. We look forward to a reply with complete cooperation and hope this matter can be resolved in the most efficient manner. Sincerely, Enforcement Team Net Enforcers, Inc. [email protected] The Online Internet Enforcement Specialists.................

 

Sender IP Address: 68.211.249.231

Sender Hostname: adsl-211-249-231.mia.bellsouth.net

 

DNS Entry for Netenforcers.com:

 

DMK Corporations (XGTFHYFSJD)

PO Box 30192

Long Beach, CA 90853

US

 

Domain Name: NETENFORCERS.COM

 

Administrative Contact:

Enforcers Inc., Net (QDVLYCKAEI) [email protected]

2300 Corporate Blvd.

Suite 214

Boca Raton, FL 33431

US

123-456-7890 fax: 310-943-1791

Technical Contact:

DEPT, DNS MANAGEMENT (AC641) [email protected]

Colony One On-Line, Inc.

101 SE 2nd Place

Suite 106

Gainesville, FL 32601

US

352-335-5100 fax: 954-827-3982

-= SsZERO =-

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My first thoughts are as follows. This sounds like a lawyer with nothing better to do. Though if you got the graphics from another site without their permission and with the description, even though you are selling their product it would seem they are with in their legal rights.

 

I do not think that they had thought this through completely as there is nothing that I can see wrong with the graphics or description used. That would lead anyone to think you are trying to make them look bad in anyway. Though the graphics that they are talking about may be the one with the blaupunkt name after the bluedot.

 

I work for a company that has maintains a tight control over how their name can be displayed.

 

I would suggest contacting a lawyer to help in getting a better idea of what exactly needs to be done if anything. Personally if companies are allowed to do things like this no one will sell anything.

 

I will be eager to see how this develops though.

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Well, the description is our own original work. Specs are specs. The picture i am using is the same picture used by countless other vendors, and the blaupunkt logo was obtained from blaupunkt.com. If blaupunkt contacts me, I would take it seriously. But I am really not buying into this netenforcers.com crap. Crutchfield has no exclusive rights to any of the material on my site.

 

I suspect that whoever operates netenforcers.com also operates a retail business similar to my own, therefore making him a competitor. Considering that I have the #1 spot on Google for the products mentioned, I can only see that whoever this is is trying to weaken the competition.

 

I see no merit to any of the claims presented, and I am probably going to report this douche to the FTC and DoJ as a scam...which is what it most likely is.

-= SsZERO =-

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Here is a strikingly odd coincidence:

 

http://groups.google.com/groups?hl=en&lr=l...UTF-8%26hl%3Den

 

In this thread, another store selling car audio has been targeted for alleged copyright infringement...BUT, check this out:

 

Google Search: visonik capacitors

 

http://www.google.com/search?num=50&hl=en&...acitors&spell=1

 

Notice how the product which is "infringing" is in the #1 spot on Google. Definitely, this looks ot be a scam. Apparently the idiot(s) behind this company are simply trying to gain a competitive edge.

 

If anyone can confirm the legitimacy of "Net Enforcers Inc.", please speak up.

-= SsZERO =-

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Don't even pay attention to that letter. The images you have on your site are Blaupunkt pics, and if you did actually violate some copyright law, then they would the ones who would come after you; NOT CRUTCHFIELD. Crutchfield is simply a retailer and has no copyright protection at all for Blaupunkt's pics.

 

My thoughts are that this is some company that is trying to either eliminate competition for Cruthfield or for itself.

 

I also think it is funny that they say they will drop the charges if you remove the pics. This never happens. If every company did this, then what would stop people from stealing everyone else's work. All you would have to do is remove the work from your site if you get caught.

 

No, if they were for real they would be going after you for money that you made from the use of "their" images. Also, a copyright infringment notice like this wouldn't be sent by email, they would send an actual letter by mail, probably with a return receipt.

 

I get notices like this from time to time, and I pay them no attention. I am a law student and If I were you I would pay no attention to this unless you receive something IN THE MAIL from an actual law firm and not some internet company claiming to represent another company.

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DubZ28 is correct.

 

A real law firm will send a letter certified mail. That way there is reciept of somebody accepting the letter.

 

A "real" letter would contain contact information. More than just an email address. There should be phone #'s, an address, etc... If there isn't anything, then email them back asking for it, tell them your attorney wants to contact them concerning the issue. Let them know that an email address isn't sufficient for any type of legal matter. If they refuse to give you a valid address or phone # hang up the phone and call the Better Business Bureau.

 

Scams like this are so common anymore, and unless I am contacted by certified mail, I would blow it off as spam. There isn't a lawfirm out there that will proceed with legal action because ONE email demand letter wasn't answered. It's not sufficient enough evidence and would be thrown out of court.

 

That's my .02

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I suggest contacting Crutchfield to see if they would like a copy of the letter/eMail.

 

I am certain they had nothing to do with it's creating and sending and would likely be interested in contacting the party that is using their name. ;)

"Great spirits have always found violent opposition from mediocre minds. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence." - A. Einstein

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I file DMCA notices all the time. Check Blankput's website -- is their authorized DMCA agent listed as Crutchfield?

 

If not, this is bunk.

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  • 8 years later...

Hi I was wondering are there any websites or other related resources that have a detailed explaination on how to build an e-commerce websites?

 

 

The v2.3.1 download comes with a documentation.pdf file that explains some of what you will need to know, however most all of your information will come from this forum.

 

 

 

 

Chris

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