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Comments
I like your entire post. +1
You sure it wasn't done in MS Paint?
Still a sexy header to my web page.
Because some like to tell tall stories here is the full run down of emails, no refusal on my part, and all this took less than 8 hours?
some people love drama...now how silly does this all look?
( sorry its in reverse order, last email first )
RE: Contact Form: Aaron's contact information
From AzazaVps.com
To Damien Burke
Date Today 12:26
Priority Highest
Message 1 of 64 < >
its been removed.
ello,
I am sorry, but that is not how copyright law works. The fact is you have copyrighted content on your website without permission from the original creators, it does not matter where you got it, or how you got it. You are illegally using a piece of work created by someone else.
If you did not bother to check the legitimacy of what your people have been doing, you deserve everything that was posted. The people you hire directly represent you and your company; you're responsible for their actions because you contracted with them.
Your web designer doesn’t appear to have done anything other than take two images from other websites and slap them on the default WHMCS skin. Your website does not appear to be unique other than the logo at the top of the page. Now, I will ask that you take down the image from your website willingly - otherwise I will continue submitting DMCA complaints with your upstream providers.
I look forward to your prompt action & response in regards to this issue.
Damien Burke
Chief Executive Officer
SupremeBytes, LLC
P.O. Box 13746 | Columbus, Ohio 43213
Office (614) 636-4923 | Phone (614) 636-4875 | Fax (614) 636-4877
http://www.supremebytes.com
-----Original Message-----
From: AzazaVps.com [mailto:[email protected]]
Sent: Friday, May 10, 2013 7:52 PM
To: Damien Burke
Subject: RE: Contact Form: Aaron's contact information
HI,
I will look into it now, however my web designer advised me the site
was unique, I will talk with him shortly to confirm whats going on.
apologies.
Please for future note, rather than undermind someones business on a
public forum if you have a concern, do it directly with the
person/business in question
Hello Martin,
I have noticed from a recent lowendbox post your website has an image on the homepage (http://www.azzavps.com/solus_openvc.png) that was taken from our website here: http://www.supremebytes.com/virtual-private-servers.php
If you would be so kind, could you please remove this image from your website?
Damien Burke
Chief Executive Officer
SupremeBytes, LLC
P.O. Box 13746 | Columbus, Ohio 43213
Office (614) 636-4923 | Phone (614) 636-4875 | Fax (614) 636-4877
http://www.supremebytes.com
CONFIDENTIALITY DISCLAIMER:
This message is intended only for the use of the individual(s) or entity(ies) to which it is addressed and contains information that is legally privileged and confidential to SupremeBytes, LLC.
-----Original Message-----
From: AzazaVps.com [mailto:[email protected]]
Sent: Friday, May 10, 2013 5:03 PM
To: Damien Burke
Subject: Re: Contact Form: Aaron's contact information
[email protected] will be fine.
why not look up the whois on the domain rather than post on a public
forum?
On 2013-05-11 08:54, Damien Burke wrote:
[1]
Hello,
Please provide me a private email address where i can contact the
owner of Azzavps.com. Thank you.
Links:
[1] http:///AzzaVps.com
--
Value VPS's from $3 per month!|AzzaVPS.com
plus my name is Aaron ( eg my first/christain name ) thanks for all the comments regarding the wording.
lets all not forget in this that it was not me that grabbed the image it was my web designer! who ive since talked too.
@joelgm have you ever heard of copyrighting a whole webpage? Your arguments does not make sense.
In this case, the image consisted of the openvz logo, solusvm logo, and the three word tagline -- all as one. You'd realize it if you change the background to another color than white. Because this is viewed as ONE image, no matter how it was done. How are you supposed to trademark the tagline of an image with a solusvm logo, an openvz logo. Think of it.
Do you believe that one can circumvent copyright by merging multiple copyrighted images into a larger image?
sounds like twice the copyright breach to me.. ;-)
Come on guys, no more drama. The coupons have expired.
Thanks for the thread. Issues like this encourage us to learn more about things, and I found that it is a copyrighted digital image if it is registered.
Wonder how many folk who have the SolusVM logo asked Solus for permission to use it
@azzavps Just one last remark. In the offer (comments) thread, Damien was told to "contact your lawyer". However, I'd imagine that, had you had an actual company lawyer, that lawyer would have requested a listing of materials used by the web designer, including appropriate licensing. This leads me to believe that you, in fact, do not have a company lawyer.
If (and note that I say 'if') you do not have a company lawyer, I would strongly advise against trying to make yourself look bigger and/or more corporate than you are. Just be upfront about things.
This is probably not about copyright but more of business ethics and professionalism, you don't just go copying other website images as it's unprofessional. Illegal? probably not but still.
This thread just went full retard.
@joelgm i actually contacted dmca just waiting for their response.
Unethical
BTW, I'm a designer too.
@DamienSB Few things about copyright law in the United States (since I noted you live in Ohio):
Copyright does not protect titles, names, short phrases, and slogans (that would be protected under trademarks); familiar symbols or designs.
One must register the work with either the U.S. Copyright Office before filing a copyright infringement action. (Copyright Act, 17 U.S.C. 411(a)). The Supreme Court upheld this in Reed Elsevier, Inc. v. Muchnick (2010).
Thirdly, there must be a minimal standard of originality required for a copyrightable claim to be filed with the U.S. Copyright Office per 17 U.S.C. 102(a)(5). Since your image contains two third-party logos and a non-trademarked phrase, I don't think the image holds the minimal standard of originality.
"Contacted DMCA"?
@everyone, copyright in the US has been automatic for a while now. You do not need to register your works for them to be copyrighted.
http://www.soluslabs.com/buttons/ SolusVM provides images you are free to use. You just cant change how they look. OpenVZ does the same.
You didn't take it off your server till after the thread was posted.
Just saying.
What about the ethics of copying the SolusVM logo, probably without permission?
@DamienSB you just posted a link to a bunch of images. Providing images doesn't mean that they're providing images that you are free to use. For example, MySQL has guidelines on the usage of their logo at http://www.mysql.com/about/legal/trademark.html that explicitly grant the ability to use it without asking permission, under certain conditions. OpenVZ's logo, according to Wikipedia, doesn't qualify for copyright because it's just a geometric shape or something (still trademarkable though).
Lol, e-mail isn't secret unless both parties agreed it to be. Furthermore, nothing in the e-mail was confidential, so the statement isn't binding in that sense.
@perennate I hate sharks.
This message is intended only for the use of the individual(s) or entity(ies) to which it is addressed and contains information that is legally privileged and confidential to SupremeBytes, LLC.
Nice try, but the legal significance or enforceability of such a disclaimer is zero. It's often called "cargo cult mentality".
The only reason for that, is to scare children. I know it's empty words. I don't plan on taking anything to court - so why does it matter?
This thread wasn't to get proof for legal action - it was to prevent that and force their hand. It is taken down, so this is over, yeah?
This:
-Jason Smith of the SolusLabs Management Team
You were saying?
Let keep it KISS - Keep It Short & Simple
This drama actually involve a designer work that used by another people without permission. So the the designer or in this case @DamienSB ask @azzavps to remove the work. It more like ethical matter, and it already solved when @azzavps remove it.
Is that correct?
Yes.
On another note, they copied a lot of content and god knows what else.
http://www.limyvps.com/faq
http://azzavps.com/knowledgebase/3/FAQ.html
Future reference: http://i.snag.gy/Rwude.jpg
@Zen I'm afraid that my name is now a registered trademark and I believe that your mention of it was an attempt to generate business for your signature. My lawyer will be in contact to seek damages.
So I cant just take your images??
Looks like Aaron needs to have a nice chat with his developer on what exactly the latter has developed.