Unauthorized use of copyrighted materials

[tomyorke]

It has come to my attention that material copyrighted to me, Thomas A Yorke, has been posted by ZUES on May 10th 2009 at 04:22PM. This was an unauthorized posting of my proprietary materials and I trust this will be removed immediately or I will be forced to take further legal action. There are numerous other copyrighted materials in that same subject belonging to others that should also be addressed, however, my concern is my own material.

Posters should be made aware of copyright laws pertaining to art.

Respectfully,
Thomas A Yorke

 

[n8phu]

Perhaps an email to the help desk would help your situation, along with a description of your material and where it was posted (IE DLS or message board)....................

 

[zatovisualworks]

Hi Thomas,

In these troubled times over here when many seem to question the minimum rights which creators possess by the mere fact of creating by lowering, underestimating and blurring the increasing commercial use that the 'new' policy on DLS is fostering, one had been fearful that these cases would arise again.

If proven so, my whole sympathy and respect from this side of the Third Parties.

Anyhow, more information on the case would be appreciated. How? Where? How much? Etc.

The I-was-afraid side of Alberte :wave:

 

[builder300544]

Hi Thomas,

In these troubled times over here when many seem to question the minimum rights which creators possess by the mere fact of creating by lowering, underestimating and blurring the increasing commercial use that the 'new' policy on DLS is fostering, one had been fearful that these cases would arise again.

If proven so, my whole sympathy and respect from this side of the Third Parties.

Anyhow, more information on the case would be appreciated. How? Where? How much? Etc.

The I-was-afraid side of Alberte :wave:

Hi,

Why you feel you have to constantly have a go at the DLS is beyond me.

If you had bothered to find out what the OPs problem was you would have found out that it was a forum posting of a picture.

Considering that Zues is a 14 yr old I,m sure that copyrights never entered his head when posting.

Cheers, John

 

[wholbr]

Hi Everyone.

It has come to my attention that material copyrighted to me, Thomas A Yorke, has been posted by ZUES on May 10th 2009 at 04:22PM. This was an unauthorized posting of my proprietary materials and I trust this will be removed immediately or I will be forced to take further legal action. There are numerous other copyrighted materials in that same subject belonging to others that should also be addressed, however, my concern is my own material.

Posters should be made aware of copyright laws pertaining to art.

Respectfully,
Thomas A Yorke

As someone who through his working life both past and present has had much experience of contact with the civil courts can I offer some advice.

Unless you're proprietary material is of high financial value or is of utmost importance to your business then I would not advise that you in anyway entertain civil court action.

The above is always a long and protracted process which is highly expensive. I have no experience of copyright litigation but in the field of workplace health and safety I have always found the foregoing to be the case almost without exception.

Therefore, unless you have very good reason (not just pride) and very deep pockets I would not even countenance any thought of legal action, especially if that action is to take place across international borders.

With all respect
Bill

 

[tomyorke]

With all due respect, that property is something that helps me make a living, so yes, it is important to me. I am aware of the age of the poster and can understand his lack of knowledge, however, it is up to the owners of this list, who are now informed, to remove the item in question. It matters not to me if this is something done on this side of the pond or the other. It is part of my way to earn a living. Those two particular pages do not amount to much in that regard, however, it is still theft and takes money from me. I am not trying to be unreasonable here, just protecting my income. If this is let pass, then perhaps more will also be let go and so on to a point where it certainly will effect me and others. The decent thing is to delete the offending post.

Thomas A Yorke

 

[wholbr]

hi everybody

~ snip~Hi Thomas, In these troubled times over here~snip~

what troubled times. You seem to be the only poster "over here" who constantly finds problems. There have been some very good and humorous threads on the forum in recent weeks thoroughly enjoyed by many of us without any problems or " troubled times"

Bill

 

[wholbr]

hi tomyork and everybody.

With all due respect, that property is something that helps me make a living, so yes, it is important to me. I am aware of the age of the poster and can understand his lack of knowledge, however, it is up to the owners of this list, who are now informed, to remove the item in question. It matters not to me if this is something done on this side of the pond or the other. It is part of my way to earn a living. Those two particular pages do not amount to much in that regard, however, it is still theft and takes money from me. I am not trying to be unreasonable here, just protecting my income. If this is let pass, then perhaps more will also be let go and so on to a point where it certainly will effect me and others. The decent thing is to delete the offending post.

Thomas A Yorke

I am sure therefore many of us on the forum will accept your explanation for wishing to carry out your legal action. Please keep us up to date with how the litigation against the 14-year-old poster goes forward if that be the case.

Bill

 

[zatovisualworks]

Hi,

Why you feel you have to constantly have a go at the DLS is beyond me.

Yes, John, is beyond you. Don't worry about it. My worry, not yours. Please, no need to worry because I'm worried for the worrying DLS. May I? Or need your permission? Hope not.

========================================================================================

The Prætorian Guard strikes again! I guess because especially one of them remained ignored.

The beyond-doubt side of Alberte :wave:

 

[a2233138]

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[builder300544]

Yes, John, is beyond you. Don't worry about it. My worry, not yours.

========================================================================================

Hi Alberte,

That is where we differ. It is eveyones worry when a "respected" member of the forums is constantly deriding the DLS (and I think in some instances actively discouraging people from using it).

I also feel that sarcasm does not become you.

Cheers, John

 

[a2233138]

Hi Alberte,

That is where we differ. It is eveyones worry when a "respected" member of the forums is constantly deriding the DLS (and I think in some instances actively discouraging people from using it).

I also feel that sarcasm does not become you.

Cheers, John

hello i am a chinese .do you know?

 

[zatovisualworks]

Dear John,

Not my intention to 'trainznap' this thread at all but...

I've been supporting, fostering, advising, promoting, paying for the DLS for long years (like many others, and more important than me). But I think I've gained a bit of right to speak respectfully when I feel something is not going the way I feel it should. Just a little bit of speaking, not much, I don't need very much, please, believe me.

Yes, John, thank you for labelling me as 'respected'. And I feel 'respected' (well, 100 % almost impossible in life) because I respect others' opinions and decisions. And I respect you with all my heart. And I respect the myriads, hope they were millions!, of creators who still support and trust the DLS to be the best way to go. Simply I'm disappointed. Please, my apologies for making you know so many times. I'll try to slow down... but disappointment isn't going to disappear, I'm afraid. And I would like things to be back to the pre-September 2010 status. Let me have some hope in my trainzy life. Fortunately my 1:1 life is very happy, rather healthy, wholly sound and safe.

And, yes, John, this has always been a DLS territory and will keep being so for years. That won't hide the fact there are some (don't count us, please, maybe just a dozen) disappointed ex-DLS-enthusiasts. My next station reads "valid until 2034". A long way to go, and I'm still walking it.

This place -and old Auran fostered that- has always been a very tolerant site where friendly or foe 'customers' were allowed to express their feelings with joyful respect. I would like it to keep being so.

All my respect and consideration, John.

The still worried side of Alberte :wave:

============================================================

BTW, should we all address our attention to our Chinese 'new' 'friend'? Maybe it would be interesting what's behind the Wall, who knows?

 

[CaptEngland]

It has come to my attention that material copyrighted to me, Thomas A Yorke, has been posted by ZUES on May 10th 2009 at 04:22PM. This was an unauthorized posting of my proprietary materials and I trust this will be removed immediately or I will be forced to take further legal action. There are numerous other copyrighted materials in that same subject belonging to others that should also be addressed, however, my concern is my own material.

Posters should be made aware of copyright laws pertaining to art.

Respectfully,
Thomas A Yorke

Seeing that this was posted on May 10th 2009 (1 year, 10 months ago), I'm very sure that you have lost $$$ due to one post that most of us have little interest in.

Ok, maybe you are right to be mad and as you said it's your copyright (or is it the publishers copyright?). Did you ask the poster to delete this post first? If not and why not, why has it taken you so long to find out about it?

To my way of looking at it, I would think that no court would take your claim too seriously if.
A: You did not take action to ask reasonably for the said post to be removed.
B: You can not prove that this one post has seriously damaged your livelihood.

At the end of the day, I'm sure the poster did not mean to lose you any business, and I would of been happy if it was me, to of asked him to say on his post where he found the item and the authors name. After all, maybe people would be interested in buying this article and you could use his post as a sort of free advertisement?

I look at this sort of thing as a free plug. It's like the music firms suing people for playing music in public (that's happened in Britain ). If people can see/hear the artist, then maybe more sales can be made.

Good luck on your case. Hopefully you can make an example of this young chap, and end up getting rich on destroying a young persons life.

Regards.
CaptEngland

 

[domsarto]

This post by Zeus led to an order been received, if the forementioned thread is to believed.

I suppose the purpose of this thread is really to encourage people to look up the offending thread and possibly then look up the site named where the diagrams are available.

Now back to my fishing.

 

[VinnyBarb]

Hi Alberte,

That is where we differ. It is eveyones worry when a "respected" member of the forums is constantly deriding the DLS (and I think in some instances actively discouraging people from using it).

I also feel that sarcasm does not become you.

Cheers, John

Hi, that is where some of us DO differ as you say, I am with Alberte on this re the DLS. I also have had my fair share of troubles, issues and "run ins" with problems/issues of the DLS. Some of these were sloppy coding re wrong icons placed on new created locos, which showed these as "reskins" only. I had been complaining of these for over a year until something was done to fix it. (Thank you Terry and Lionel :wave. Other instances were not displaying of current, legitimate content in the black DLS pages, although uploaded and being current eg. TS09/10 content, after complaining and told this was a bug, it was fixed. But there are still the current issues with the DLS remaining, among these is not getting any d/loads with a FCT, etc.

Other issues still remaining are also illogical and stupid from a user's point of view and not too well thought out by AURAN/N3V re forcing all off and away from the older versions of TRS/TC as some of us users for various reasons explained ad nauseum in the past can not obtain/buy the latest versions of Trainz. Another bone of content is forcing us of having to use a FCT to access all areas of the DLS to get needed content from.

I just like to point out I bought and do have almost all of the published Trainz versions, often several copies of some editions (TRS04, TRS06, TC and several route CDs/DVDs) and also have had FCTs since I joined AURAN some 6 or more years ago. Currently I do have a "lifetime" FCT ticket in force till 2035.

If we, as content creators and/or users of the DLS DO NOT complain, often for long periods, for over a year long as was in one particular case with me, what do you think will or won't be done about it? This is NOT "deriding" the DLS, this is saying, get the hell on to it and bl**dy well fix it the way had been in the past when all was working as it should be.

I rest my case .

VinnyBarb

 

[meatloaf747]

[quote=tomyorke;756423]It has come to my attention that material copyrighted to me, Thomas A Yorke, has been posted by ZUES on May 10th 2009 at 04:22PM. This was an unauthorized posting of my proprietary materials and I trust this will be removed immediately or I will be forced to take further legal action. There are numerous other copyrighted materials in that same subject belonging to others that should also be addressed, however, my concern is my own material. Posters should be made aware of copyright laws pertaining to art. Respectfully, Thomas A Yorke[/quote]



Yeap sue !!! Try holding the parents liable for the actions of their 14 year old son. Sue them for their house, so this 14 year old has no where to live !!! Then when you've got the 14 year olds parents house, go for his college education fund, so the young lad doesn't get an education...

Once you've got this 14 year olds college education fund, you might as well go for his piggy bank. Austin's got $7.95 in that...
And while you are at it, you might as well go for the shirt on his back. After all, you want to make an example of this suspected "14 year old" crim, don't you?

Now that this "14 year olds" homeless, penniless, shirtless & uneducated, are you happy? :wave:

Certainly goes down as the crime of the century in my book...- * - (mst 14yo's canta eben spill thee vird "copprght" att ths aga) !!! :hehe: - Most 14 year old don't know which way is up or down EITHER, let alone know what the word "copyright" means) !!! "14" for heaven sake !!! ****** - (Get a life)...

(Maybe if you where a fellow Trainzer, someone might give a toss)........

Respectfully, Mac...

 

[Euphod]

If it were I, a simple change of address for one picture would "turn it off" here, and yet "keep" it there.

 

[NikkiA]

If it were I, a simple change of address for one picture would "turn it off" here, and yet "keep" it there.

And therein lies the rub to this 'legal action', what zues did (as far as I can tell) wasn't *copy* an image, but hotlinked it, which the courts have generally ruled is NOT a copyright violation (for pretty obvious reasons).

Edit:

On retrospect, I think I might have been looking at the wrong post by zues, and the post in question is a pair of imageshack links, in which case, it would be far easier to file a DMCA takedown request with imageshack, bearing in mind the legal implications of such an action of course (false DMCA takedown notices, eg if you don't hold the copyright - eg work done for hire - or if the usage is a clear use of the fair use doctrine, can result in the target of the takedown notice being able to counter-sue for quite a large sum)

 

[ct_krogen]

i never coulf find this message can yoi pm me the link