77
Replies
Phillip,
Does that mean you can post twice as much?
Hunt
PS, just got logged out for the fifth time today. Some times, I can stay logged-in for three full days. Today is not one of those...
the_wine_snob wrote:
Phillip,
Does that mean you can post twice as much?
Hunt
No I only reply to threads that interest me or that I can help in 
dave milbut wrote:
1. Steal Ramón's ram image and remove copyright logo.
2.
3. PROFIT!!!
Profit for Ramón and his trial attorneys. 
Let's see… I temporarily unplonked this bloke as my curiosity was stirred by seeing his initials as the last poster in the thread in the forum index.
As usual this bicycle-riding French Canadian (the space before the question mark gives him away 
) is under the delusion that people owe him explanations. I don't and you don't either.
For the rest of you who may be interested in the frivolity of the forums terms of use, I'll point out that I do in fact have three decades of uninterrupted courtroom experience through June of 2005. Corporate lawyers are pretty much useless as litigants, that's why corporations use outside law firms when they get sued.
All those one-sided clauses you see all over the place are null and void.
Remember those "Not liable for theft or loss of items left in your car" notices you see in parking garages? Null and void. Of course they're liable! The notices are meant to intimidate people into swallowing their losses and not suing—and in that sense they are effective to the degree you allow them to be.
Just think: if I set up a sign on my lawn saying that by setting foot on my property you forfeit all your rights and will be shot on the spot, do you think the police are going to let me get away with murder if I shoot you? Of course not.
Nobody is going to sue a little church newsletter for misuse of a photograph, it just isn't worth it. But with deep pockets like Adobe's, there will be literally swarms of trial attorneys eager to file suit on your behalf, entirely on a contingency basis.
Don't let Adobe bully you into believing otherwise. If they misuse your photographic work, they'll pay. And their attorneys know it too.
Heaven knows what Canadian law is like, but I'm basing my position on US law as practiced in the Northern District of California, where Adobe's headquarters are located.
[EDITED typo in date]
=========
* Plonk again!
As I suspected; you were stating something as fact with nothing to back it up ! I'm surprised that one supposedly called to the bar, doesn't research a subject before stating one as an authority on such subject.
P.S. I thought you had me plonked again ?! Make up your mind there fella. 
You can't cite any precedent to the contrary, SDA (sorry, I've forgotten your first name). [Nor could Adobe.]
Such a ludicrous defense against charges of copyrights infringement as "there was a public notice" or "the terms of use" (where no consideration was given to the copyright holder) doesn't even get litigated. It gets thrown out by the court in the first round of arguments without request for a briefing even if some half-a$$ed attorney is willing to offend the court with such a frivolous argument.
If your property is stolen from your car in a parking garage with such a ridiculous public notice, go ahead and make a claim. If the garage owner denies it, his attorney will settle on the courthouse steps.
If Adobe misuses your image(s) (which, by the way, I doubt the Adobe legal department would even let Adobe do, ever) go ahead and sue. You will recover. The Adobe legal department will see to it that the case gets settled. Corporate attorneys are eminently chicken, that's one of the reasons they retain outside litigant firms. (Another reason is the awareness of their weaknesses as litigants.)
Nevertheless, it's understandable that creative professionals are incensed by the mere suggestion of such a presumptuous clause.
Don't be so concerned about my plonking and unplonking exercises. It's a two-mouse-click operation: one to enable or disable the script, one to reload the page. As to whether I do or don't, that's none of your business in the first place. No one tells me when to plonk or not to unplonk.
AdChoices