My Deflective Icons are "most popular" in Windows7 Gallery .com without any credits
Tuesday, December 2, 2014 by frankell | Discussion: Skinning
I was searching for Windows 7 gadgets and I found
just informing the WC community and asking for some suggestions on preparing the following:
"Notice of Infringing Material"!
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"Hi there,
I'm frankell the author of the Deflective icons (not only the graphics but also the original idea) this is the icons official link in Wincustomize https://www.wincustomize.com/explore/objectdock/16570/
I noticed that your site is showing my icons without any credits or links to my artworks
furthermore apart the full page with your abusive download link
http://www.windows7gallery.com/2012/06/deflective-firefox-icons.html
my icons appear in the right side of every page of your site as second "Popular Post"
frankell
http://frankell.wincustomize.com
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Reply #2 Tuesday, December 2, 2014 7:18 AM
Frankie...yes....use the DMCA notice above, filling in all the relevant details.
Rule number one....always approach people courteously. They may not realise they're doing anything wrong....
...and you attract more bees with honey....
[that is, of course, if your task is to attract bees]...
Reply #3 Tuesday, December 2, 2014 7:46 AM
hi,
well i do see this often with my linux themes.
Some poeple simply don`t write : the pack was licensed under the bla bla license made from xyz. Free for zyx usage.
OR Write the original theme name.
They may not realise they're doing anything wrong....
Right Jafo, if the people who did it are normal friendly humans.
Sadly not always true.
regards bluedxca93
Reply #5 Wednesday, December 3, 2014 8:55 AM
Well I received an answer so, they will definitely look at this issue very serious and will take necessary actions within 48 hours !
Reply #6 Wednesday, December 3, 2014 9:25 AM
For future reference, I have a DMCA template that anyone can use.
https://dl.dropboxusercontent.com/u/3083208/Files/dmca%20template.docx
Reply #8 Wednesday, December 3, 2014 2:29 PM
Many thanks for the feedback DrJBHL, Jafo and bluedxca93 !
...and you attract more bees with honey....
actually I really like honey and I would keep it all for me !
Actually it's pollen and nectar which attract bees, especially blue and purple flowers and clumps of varied flowers (who doesn't like a good buffet?).
If you want bears, however, do try using honey.
Reply #10 Friday, December 12, 2014 2:10 PM
well \bad they just added:
Credits: Frankell (but I'm frankell)
and the link to my profile page in Wincustomize (not to the original icons)
Reply #11 Friday, December 12, 2014 5:14 PM
Well...that's at least something.
Better than you'd see from the Chinese pirate sites.
Don't forget, at least they didn't credit some total twit.
Reply #12 Friday, December 12, 2014 8:45 PM
At least that's an improvement....
But what you need to reply to them is that Copyright Law requires YOUR consent for them to host the works whether credited OR not.
So if they have not sought consent from you FIRST AND received it they cannot host them at all.
Reply #13 Sunday, December 14, 2014 12:45 PM
OK DrJBHL this is better than nothing !
OK Jafo ... can you believe it ? my brother's wife is Indian and she will try to contact that site, any way she also prepares very good apple cakes
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Reply #1 Tuesday, December 2, 2014 6:13 AM
The details on that domain name:
Domain Name: WINDOWS7GALLERY.COM
Registrar: BIGROCK SOLUTIONS LIMITED
Whois Server: Whois.bigrock.com
Referral URL: http://www.bigrock.com
Name Server: DNS1.BIGROCK.IN
Name Server: DNS2.BIGROCK.IN
Name Server: DNS3.BIGROCK.IN
Name Server: DNS4.BIGROCK.IN
Status: clientTransferProhibited
Updated Date: 25-nov-2014
Creation Date: 03-dec-2011
Expiration Date: 03-dec-2015
As you can see, it's in India. Still, on this page http://www.windows7gallery.com/p/dmca.html they have an email address for DMCA notifications.
I think you'll be wanting this, Frankie.
SAMPLE DMCA TAKE DOWN NOTICE
My name is INSERT NAME and I am the INSERT TITLE of INSERT COMPANY NAME. A website that your company hosts (according to WHOIS information) is infringing on at least one copyright owned by my company.
An article was copied onto your servers without permission. The original ARTICLE/PHOTO, to which we own the exclusive copyrights, can be found at:
PROVIDE WEBSITE URL
The unauthorized and infringing copy can be found at:
PROVIDE WEBSITE URL
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please contact me directly.
Thank you.
/s/YOUR NAME
Address
City, State Zip
Phone
E-mail