Allodoxaphobia wrote:
> Bert Hyman wrote:
> > dmay @ bigpond.net.au (David May) wrote:
>
> >> Just found this fabulous web site
>
> > I know! You're an amnesia victim and you simply forgot that this is
> > your own Website!
>
> > Domain Name.......... postcardzhume.com
> > Admin Name........... David May
>
> Rule #1 and Rule #3 (#3 mostly):
>
> http://bruce.pennypacker.org/spamrules.html
Unfortunately, it is worse than just that, since David May has also
invoked Rule#0 (theft) too.
Under this spammer's website, he has the following in the fine print
on his "Terms and Conditions" page ( http://www.postcardzhome.com/terms.htm
)
"The User hereby grants Postcardzhome.com a non-exclusive license to
post the Image on its web site and to deliver it to its audience
through different media channels."
TRANSLATION: you're giving this spammer the permission to use your
copyrighted photos for free, forever, in any way that he wishes to.
IMPLICATIONS:
This fine print allows this Spammer to collect all of his customer's
images to then resell them to anyone as Stock Photography, without any
compensation back to the original copyright holder. If you don't
think that this is his intent, then why is there also this little
phrase too:
"By uploading files you agree to hold all copyrights for the image and
to have previously obtained a model release from each person included
in your picture. This includes children, deceased persons, natives of
another language; cases in which a parent, a guardian or another
authorized person should read, agree and sign the model release."
Afterall, if he was merely offering a custom postcard printing
business with no intent to publish *your* work to anyone other than
*you*, this legal clause would be entirely unnecessary.
This illustrates that his intent is to make sure that he can use
*your* copyrighted photos in any way that *he* wishes without him
getting into any trouble. For example, if you took a photo of me,
without me signing a model release form, and I found it later being
sold as Stock Photography originating from Mr. May and I were to sue
Mr. May, he would escape any liability by citing the above clause and
refer my lawsuit to you as the responsible party...even though you
never had any intent for your picture to be resold to a third party.
Unfortunately, this is a very, very, very common little sting that a
lot of dishonest scumbags are doing this way, with the most common
examples being found with Online Photo Contests.
-hh
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