ChrisD's 400E on ebay again...
Out Of Control!!
Joined: Jun 2003
Posts: 14,362
Likes: 1
From: Staples Center
w211 & w124
^^ HAHAHAHA typical lawsuit happy attitude is what make a lot of americans look bad to the rest of the world. Hiring a lawyer for every little thing in life is low end.
It's just a couple of frigging pictures on ebay....don't want them out there, don't post them on the net.
It's just a couple of frigging pictures on ebay....don't want them out there, don't post them on the net.
These guys are operating a business and using pictures they have no permission to use to sell a product that isn't even represented in the picture. You're the one with the typical lackadaisical attitude that most Americans have when they see or know of something that isn't right but just turn the other way and act as if it isn't happening. You're probably the type that would see an old lady getting her purse snatched on the sidewalk and just cross the street to avoid the situation and act as if it didn't happen.
I can't stand frivolous lawsuits as much as the next guy but this is flat out wrong what they're doing, whether or not the actual owner of the pictures wants to do anything about it. Even a member in this thread said his friend is having a terrible experience with their product and its obvious as to what type of quality to expect from a company with such shady advertising practices.
MBWorld Fanatic!
Joined: Feb 2007
Posts: 1,297
Likes: 1
From: Connecticut, New Haven
95' AMG SeeThreeSix
Who here has an Ebay ID? I say we all message the seller notifying him in rapid fire, no need for lawyers, or discussions on ethics. Networking for the win? 
It's not a huge deal, if it were me I'd take it as a compliment but at the same time I would EXPECT a polite email asking for permission to use my kicka$$ shots eh?
It's not a huge deal, if it were me I'd take it as a compliment but at the same time I would EXPECT a polite email asking for permission to use my kicka$$ shots eh?
MBWorld Fanatic!
Joined: May 2005
Posts: 2,494
Likes: 17
From: REHOBOTH BEACH DE
88-300CE TWIN TURBO, 99-C43, 05-G55K, 71-280SL, 94-E320 CAB, 08 CLK63 BLACK SERIES
Typically response of the uninformed....everybody wants to get paid and for what.
The applicable section of Federal Law is posted below.
Use of the picture for a commercial purpose would be deemed "fair use" as it has not diminished the value of the picture.
Chris can get relief through a "notice and take down procedure"
If anyone is concerned about their pix being considered "public domain", then they should include the copywrite info on the face of the photo.
The most important factor is the effect of the use on the potential market for the copyright owner's work. If posting the image on the website leads to a reduction in sales of the copyrighted work or discourages people from accessing the copyright owner's website, a court is more likely to find that the use is not fair and has an adverse impact on the copyright owner's market.
In civil law if there is no monetary damage then there is no cause of action.
TITLE 17 > CHAPTER 1 > § 107
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
MBWorld Fanatic!
Joined: May 2005
Posts: 2,494
Likes: 17
From: REHOBOTH BEACH DE
88-300CE TWIN TURBO, 99-C43, 05-G55K, 71-280SL, 94-E320 CAB, 08 CLK63 BLACK SERIES
^^ HAHAHAHA typical lawsuit happy attitude is what make a lot of americans look bad to the rest of the world. Hiring a lawyer for every little thing in life is low end.
It's just a couple of frigging pictures on ebay....don't want them out there, don't post them on the net.
It's just a couple of frigging pictures on ebay....don't want them out there, don't post them on the net.
MBWorld Fanatic!
Joined: May 2005
Posts: 2,494
Likes: 17
From: REHOBOTH BEACH DE
88-300CE TWIN TURBO, 99-C43, 05-G55K, 71-280SL, 94-E320 CAB, 08 CLK63 BLACK SERIES
These guys are operating a business and using pictures they have no permission to use to sell a product that isn't even represented in the picture. You're the one with the typical lackadaisical attitude that most Americans have when they see or know of something that isn't right but just turn the other way and act as if it isn't happening. You're probably the type that would see an old lady getting her purse snatched on the sidewalk and just cross the street to avoid the situation and act as if it didn't happen.
I can't stand frivolous lawsuits as much as the next guy but this is flat out wrong what they're doing, whether or not the actual owner of the pictures wants to do anything about it. Even a member in this thread said his friend is having a terrible experience with their product and its obvious as to what type of quality to expect from a company with such shady advertising practices.
I can't stand frivolous lawsuits as much as the next guy but this is flat out wrong what they're doing, whether or not the actual owner of the pictures wants to do anything about it. Even a member in this thread said his friend is having a terrible experience with their product and its obvious as to what type of quality to expect from a company with such shady advertising practices.
With all due respect you seem to have much too much time on your hands.
14320 posts in 6 years averages 2386.6 posts per annum...or 6.54 posts per day
And the incredible thing that the majority have nothing to do with any vehicles
I only say this as I'm amazed when I look at your stats and don't recall anything constructive you've ever added about a Mercedes
MBWorld Fanatic!
Joined: Feb 2007
Posts: 1,297
Likes: 1
From: Connecticut, New Haven
95' AMG SeeThreeSix
Ed,
You are absolutely correct. I remember there was a case a while back regarding an art museum that was unhappy with pictures of art that were posted online. Ultimately this case ended up setting the precedent for this type of thing, no more "loopholes".
You are absolutely correct. I remember there was a case a while back regarding an art museum that was unhappy with pictures of art that were posted online. Ultimately this case ended up setting the precedent for this type of thing, no more "loopholes".
MBWorld Fanatic!
Joined: Apr 2005
Posts: 2,849
Likes: 3
From: Long Beach, Ca
lots of cars
Brian
With all due respect you seem to have much too much time on your hands.
14320 posts in 6 years averages 2386.6 posts per annum...or 6.54 posts per day
And the incredible thing that the majority have nothing to do with any vehicles
I only say this as I'm amazed when I look at your stats and don't recall anything constructive you've ever added about a Mercedes
With all due respect you seem to have much too much time on your hands.
14320 posts in 6 years averages 2386.6 posts per annum...or 6.54 posts per day
And the incredible thing that the majority have nothing to do with any vehicles
I only say this as I'm amazed when I look at your stats and don't recall anything constructive you've ever added about a Mercedes
How about we learn from this and move on. Next time someone completes a project and wants to post pictures, just upload them to flikr or add the copyright from your photographer on it. Let's move on now....
OP just close the thread!
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Out Of Control!!
Joined: Jun 2003
Posts: 14,362
Likes: 1
From: Staples Center
w211 & w124
Brian
With all due respect you seem to have much too much time on your hands.
14320 posts in 6 years averages 2386.6 posts per annum...or 6.54 posts per day
And the incredible thing that the majority have nothing to do with any vehicles
I only say this as I'm amazed when I look at your stats and don't recall anything constructive you've ever added about a Mercedes
With all due respect you seem to have much too much time on your hands.
14320 posts in 6 years averages 2386.6 posts per annum...or 6.54 posts per day
And the incredible thing that the majority have nothing to do with any vehicles
I only say this as I'm amazed when I look at your stats and don't recall anything constructive you've ever added about a Mercedes
MBWorld Fanatic!
Joined: Mar 2006
Posts: 1,246
Likes: 3
From: North NJ
94 Wagon and 94 Cabriolet
MBWorld Fanatic!
Joined: Dec 2006
Posts: 1,907
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From: So Cal
92 500e, 95 E34 525I Touring
