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2003-2009 Nissan 350Z

WARNING "They did it Again"

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Old Jan 18, 2006 | 09:17 PM
  #21  
drumminguy81's Avatar
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Originally Posted by Dream
Complain to their hosting service, powweb.com, and/or their registrar, tucows.com. You might get lucky and have their hosting service pull their entire site from under them

From tucows.com, their registrar:

Whois info for, ONDERGROUND-DESIGN.COM:


Registrant:
Belec
820 6th avenue
Laval, Quebec H7R 4K8
CA

Domain name: ONDERGROUND-DESIGN.COM

Administrative Contact:
Belec, Eric surfer2@videotron.ca
820 6th avenue
Laval, Quebec H7R 4K8
CA
450-627-1390
Technical Contact:
Hostmaster, PowWeb hostmaster@powweb.com
2168 S. Atlantic Blvd
#232
Monterey Park, CA 91754
US
626-675-8670


Registrar of Record: TUCOWS, INC.
Record last updated on 18-Apr-2005.
Record expires on 28-Mar-2007.
Record created on 28-Mar-2002.

Domain servers in listed order:
NS1.HOSTMEUP.COM 209.172.50.196
NS2.HOSTMEUP.COM 209.172.50.197


Domain status: ACTIVE
+1 good call
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Old Jan 19, 2006 | 04:36 AM
  #22  
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Originally Posted by Dream
Complain to their hosting service, powweb.com, and/or their registrar, tucows.com. You might get lucky and have their hosting service pull their entire site from under them

From tucows.com, their registrar:

Whois info for, ONDERGROUND-DESIGN.COM:


Registrant:
Belec
820 6th avenue
Laval, Quebec H7R 4K8
CA

Domain name: ONDERGROUND-DESIGN.COM

Administrative Contact:
Belec, Eric surfer2@videotron.ca
820 6th avenue
Laval, Quebec H7R 4K8
CA
450-627-1390
Technical Contact:
Hostmaster, PowWeb hostmaster@powweb.com
2168 S. Atlantic Blvd
#232
Monterey Park, CA 91754
US
626-675-8670


Registrar of Record: TUCOWS, INC.
Record last updated on 18-Apr-2005.
Record expires on 28-Mar-2007.
Record created on 28-Mar-2002.

Domain servers in listed order:
NS1.HOSTMEUP.COM 209.172.50.196
NS2.HOSTMEUP.COM 209.172.50.197


Domain status: ACTIVE
Yes, contact the hosting company letting them know you are serious. They will force them to take the image(s) off the site.
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Old Jan 19, 2006 | 04:45 AM
  #23  
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From: Tennessee
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Drive by, take a nine out and cap his ***. J.P. but in a way its good to show off your car i guess.
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Old Jan 19, 2006 | 04:53 AM
  #24  
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If all else fails, just have some hackers hack the **** out of their site and shut it down......or just have them hack your pics off the site
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Old Jan 19, 2006 | 04:56 AM
  #25  
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From: jacksonville, FL
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also contact the better business bureau or whatever its called there. send a letter to the local municipality where they operate (the commerce dept). send a letter by certified mail to them letting them know that you want recompense in the amount of $$$, or you will sue. Also contact a local attorney. they should take the case for you. this will be an easy one to win.
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Old Jan 19, 2006 | 06:56 AM
  #26  
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What kills me is that they stole your picture, and then put their watermark over the top of it. Idiots. I just have this great picture in my head of a couple of Ali-G style hipsters running this company.
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Old Jan 19, 2006 | 07:51 AM
  #27  
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thats BS about the watermark, you automatically retain copyright the moment you create the image, he may contest it then I guess you'd have to somehow prove you took the picture but the 10,000$ watermark crap is bull****es..
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Old Jan 19, 2006 | 09:58 AM
  #28  
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From: DFW
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Originally Posted by dsmal
Sue 'em. The laws must be similar, that guy is bogus.

EVOstyle jacked one of my photos, although they denied it, they were very courteous and removed the photo.

al
They are being more reasonable now. They don't like all the email that they have received.

They changed it. I win.
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Old Jan 19, 2006 | 01:17 PM
  #29  
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that's a pretty fugly body kit
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Old Jan 19, 2006 | 01:40 PM
  #30  
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Originally Posted by LatinMax
They are being more reasonable now. They don't like all the email that they have received.

They changed it. I win.

woot! .. my350z hit squad in effect
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Old Jan 19, 2006 | 02:04 PM
  #31  
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Awesome news. Let's make sure to spread the news of their idiocy to make sure they never earn any business as well.
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Old Jan 19, 2006 | 02:13 PM
  #32  
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Yeah, my friend had a similar problem....he had a genuine Knight Sports kit on this FD RX7 and this one company took a pic of his car at a show and then used it to sell thier replica version of the kit....

Since he didnt actually take the pic that they used he couldnt do anything, but I think he had Knight Sports themselves contact that replica company...

shady.....
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Old Jan 19, 2006 | 03:01 PM
  #33  
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Originally Posted by LatinMax
Someone stole pics of my car once again and put it on there site to sell body kit parts.

I emailed the website to remove them and they said NO.

Here is the email response I got:
Hello Gabriel

You should know that Federal Law of Canada say that each pictures shown to general public or over the internet doenst have any copyright. The only way you can give copyright to picture is by tagging them with a embed watermark by a digimark program. This cost approx $10 000 per year to get the digimark software and we scan each picture before putting them on the website, your pictures doenst have this watermark. We are not talking about layers OVER the pictures but watermark encrypted INSIDE the pictures, in the code.

You should also know that pictures on cardomain or any other public website are used for general public and they are free to be used by anyone at anytime for business purpose or personal purpose.

You should know, at first, that if you don't want the people or company to use your pictures, well simply don't show them to general public and keep them for yourself.

You should know also that there is a way to ask something and there is a way to earn something. If we get a polite email that ask us gently to remove pictures, we would do it within 5 minutes.. but the way you asked for it.. I will be more than happy to keep them on the website.

Have a nice day

(with a little icon of a baby sucking on a pacifier)



He did not even have the courage to sign his name.

What I find amusing is what do they tell there customers when they don't get it with the side vent?

Check to see if your car is being used also

Here is the link

and the picture from the site




Don't do business with these dishonest people
ERROR!

Thats soooooo incorrect.

The very instant that you click the button to take the picture it has copyright protections. You own the rights to that photo UNLESS in your internet postings you said this is free for anyone to use or recreate, It does not have to show the copyright symbol. HOWEVER! Unless you register your image with the us copyright office you cannot bring forth a lawsuit for your images. You can however register your image after it has been published but certain restrictans apply in regards to lawsuits. The US has aggremments with many countries regarding copyright and im sure Canada is one of them.
( http://www.copyright.gov/help/faq/ )

This link dictates fair use which is when they can use it w/o permission but it violates #1 so its infringent
http://www.copyright.gov/fls/fl102.html

Thus email them back, state that you have registered that image with the copyright office of the US before it was used on thier website and if they do not remove you will follow with civil action, try to bluff them.

Plus since thier webmaster is in Cali, email him with the same email and try to bypass him. Any reputable webmaster will pull the image immediatly to prevent suit upon him.

Or better yet send them an invoice..

Using my calculator i came up with ( http://photographersindex.com/stockprice.htm )
Type of Use:: Advertising
Specific Use:: Point of Purchase
Press Run:: 250,000 to 500,000
Size:: Full page or Major Illustration
Low Price:: $1,300.00
Average Price:: $2,150.00
High Price:: $3,000.00

Last edited by the7ferret; Jan 19, 2006 at 03:07 PM.
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Old Jan 19, 2006 | 03:04 PM
  #34  
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From: DFW
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Originally Posted by Vicarious
that's a pretty fugly body kit
My kit looks nothing like that. That is why they could only use the side skirt (the least modified of the entire car). But I did not want a body kit that look radical, I was looing for more of a limited addition look of a car. I am a real estate agent and I can show homes in my car and very few people have any idea that the car has been completely modified. Have you looked at my car on my site?

Originally Posted by mdracer76
woot! .. my350z hit squad in effect
Thanks for everyone's help. I hope everyone that has their cars on there without their permission finds out and can do something about it.
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Old Jan 19, 2006 | 03:20 PM
  #35  
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From: Down Under & Dirty
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Originally Posted by Netko350Z
Z-Unit....ATTACK!!!!
LOL. That one made my day. I remember that last time Z-Unit attacked on that poor guy in Florida that scammed old boy from North Carolina out a front bumper. Major ownage to that young guy in Florida.
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Old Jan 19, 2006 | 03:33 PM
  #36  
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Here is a ceast and desist letter you can use. We use it everytime someone copies anything from us and it always works.

___________________________________________________________

DATE
BY E-MAIL: xxx@xxxx.com
AND FIRST CLASS MAIL

COMPANY NAME
PERSON NAME
ADDRESS
CITY, STATE ZIP
PHONE

Re: Unauthorized Use of Intellectual Property

Dear Mr. XXX:

It has come to the attention of YYYYY Corporation that you are operating a website found at the following URLs:
http://xxxx.xxxxx.com

We have reviewed your website and have concluded that it incorporates the use copyrighted textual and/or graphical content taken directly from YYYYYYY Corporation’s website without permission from YYYYYY Corporation.

Your actions constitute direct copyright infringement, and make you subject to injunction and liable to YYYYY Corporation for its damages, costs and attorneys' fees. Pursuant to 17 U.S.C. § 501(a), "anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 118, or of the author as provided in 106(a), is an infringer of the copyright or right of the author." YYYYYYYY Corporation hereby demands that you immediately cease and desist from reproducing, distributing, displaying, or in any other way infringing upon YYYYYYYY Corporation's copyrights.

YYYYYY Corporation is prepared to pursue all available remedies to protect its intellectual property rights. However, YYYYYYYY Corporation will refrain from taking immediate legal action upon condition that you provide written assurances by DATE, that you have ceased and desisted from reproducing, distributing, or displaying the copyrighted text or images from the Progent Corporation website. Your written assurances must also state that you have removed all web page content relating to the unlawful use of the YYYYYYY Corporation copyrights.

We await an immediate response from you or your counsel.

Sincerely,

xxx x. xxxxx
TITLE
YYYYYY Corporation
ADDRESS
CITY, STATE ZIP
PHONE

cc: Your lawyer
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Old Jan 19, 2006 | 06:35 PM
  #37  
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From: va.
Default Go after their Web hosting company

>>You should know that Federal Law of Canada say that each pictures shown to general public or over the internet doenst have any copyright.<<

This is categorically untrue about Canadian copyright law, but you're wasting time bickering directly with the thieves. They might be in Canada, but a quick Whois lookup shows that their Web hosting company, "PowWeb," is located in California, where U.S. copyright laws prevail. You need to escalate this.

Technical Contact:
Hostmaster, PowWeb hostmaster@powweb.com
2168 S. Atlantic Blvd
#232
Monterey Park, CA 91754
US
626-675-8670

You need to send, or have a lawyer send, what's known as a DMCA Takedown Notice to the guy's Web hosting company. IANAL, but under U.S. copyright laws, a service provider who is made aware of infringing material available through its service but fails to remove it can be sued for copyright infringement.

See http://www.copyright.gov/legislation/dmca.pdf

"If, upon receiving a proper notification, the service provider promptly removes or blocks access to the material identified in the notification, the provider is exempt from monetary liability. In addition, the provider is protected from any liability to any person for claims based on its having taken down the material."

You need to be sure your photos are actually copyrighted, since you could be sued for making a false claim that a Web site violated your copyrights. But if they actually stole the images, it shouldn't be too difficult to get them pulled down by complaining directly to the Web hosting provider.
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Old Jan 20, 2006 | 05:48 AM
  #38  
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^I think its already resolved, but good hunting.
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