8 replies to this topic

[rtrski]

http://scubadivingim...ing-photos.html

Site says "here's some pictures submitted by users". Strangely enough, they managed to get two of my photos within minutes of my posting them on Flickr. At least they linked then with a link-back per Flickr TOS, but my account is marked Rights Reserved and I most definitely did NOT "submit" them to their site.

I'd be flattered (my first thefts!!!) if I didn't think it was just automated based on tags. (sigh)

Update: Sent the contact email a message asking them to remove them, pointing out that my photos were marked "ARR". Got a pretty quick response from a Jan van Romburgh basically saying "we don't claim rights, photos are public" and linking me to the Creative Commons and API info on Flickr. Too bad the API TOS specifically says that he's still responsible for making sure appropriate rights are even available for HIM to link them without my permission:

Paragraph a. ii. [You agree to...] Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, Flickr doesn't own the images - Flickr users do. Although the Flickr APIs can be used to provide you with access to Flickr user photos, neither Flickr's provision of the Flickr APIs to you nor your use of the Flickr APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Flickr), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Flickr photos in compliance with the photo owners' requirements or restrictions...

Edited by rtrski, 26 July 2009 - 07:30 PM.

[Nick Hope]

Something strange going on. A moment ago your link was redirecting to a page on Spike.com called "What's the Best Way to Have Sex While Scuba Diving?". Now it's not loading at all.

Don't forget you can send a DMCA-compliant take-down notice to oblige the web host to take the photos down.

[rtrski]

Well, I'm trying to get Flickr to decide whether he really violated TOS or not. He's only posting 'thumbprints' which a search site would be allowed to do - so the issue is misrepresenting them as "user submittals" to his site - which appears just to be a placeholder as he camps the domain, along with some 900 others.

Gotcha on not including a link - should've done that myself but too late to edit OP now.

[TheRealDrew]

"What's the Best Way to Have Sex While Scuba Diving?".

Sounds like a new thread for the Galley, doesn't it?

[stewsmith]

i dont go much on their bouyancy skills

Stew

[FLAFROG]

Interesting site,also interesting to me is about 2-3 seconds starting with diver swimming down away from camera with doubles on and divers working are from film footage I shoot during project Sea-Lab in 1964 at Argus Island,Bermuda

Bernie

[diverdon]

Today they are using edpdiver'a photographs.

[rtrski]

I'd suggest - if your photos or videos were originally hosted from Flickr, that you email them too with the details of the guy's site and ask them "is this within the TOS for the Flickr API to use thumbnails from our photos in this manner without our permission, regardless of our rights assignment"? I've still not gotten an answer, so hopefully more people asking about the same website might prod them along. (They tried to fob me off with a non-answer and I replied that wasn't satisfactory, it was a simple yes or no, so they "elevated" it to an "expert" who has yet to reply.)

To my reading of the TOS it's not permissible - but to his by linking back to the original (correctly) and only posting thumbs, he thinks he's in the right. We need Flickr's determination to get him to stop...and of course if they say "thumbs can be posted by search sites, we don't care what 'text' he wraps around them", then we know we don't have a leg to stand on aside from opting out of the API entirely. Which I'd rather not do as I'd like photos to show up in searches...I just don't want them to claim I'm somehow a grateful "user" who "submitted" pictures to some unvisited crap placeholder site loaded up as he camps the domain name he's just hoping to sell off.

Edited by rtrski, 03 August 2009 - 05:44 AM.

[Cerianthus]

If we all can find out what key words their site is reacting to, we could post some black STOP THIEF images.......