Re: [cobalt-users] Off content question......

[Jeff Lasman <jblists@xxxxxxxxxxxxx>]

Mike Fritsch wrote:

> One of our former resellers(left because we didnt offer cheap personal name
> servers) has stolen a few(5) graphics from our site. We know they were
> stolen because one of them still links to our order form. Also all the
> pictures stolen have the same name as on our site.
> 
> My question is has this happened to anyone?

This happens all the time.

Yes, if you designed the graphics, you have a copyright in them (but if
you let a program such as Front Page design them for you, you really
don't).

> And is there anything than we can do?

Sure.  You can write him, you can tell him to cease and desist, and you
can sue him.

If you sue him you may win.  You may not, unless the entire site look
and feel is similar to yours, and even then you may not.  This law is
not near as cut-and-dried as you'd expect, or like.

If you win you may or may not be able to collect.

You'll be out a lot of time, a lot of money, and as other people find
out you sued him over a few graphics, a lot of goodwill, and maybe even
some business besides.

You have to ask yourself if it's worth it or not.

Some, honorable, people will ask you if they can use your work.  Some
won't.  The important thing is to make a decision that's best for you;
not just to "punish" someone else.

If I had a nickel for every time I could sue someone but didn't, I
wouldn't have to sue anyone; I'd be rich <smile>.

Example:  A few years ago I walked into a bathroom in an office
complex.  The lights were off, the floor was flooded, I slipped and
dislocated my shoulder.  The medical costs exceeded $3,000 and the time
off from work exceeded $7,000.

The building owner's insurance company assured me that they were not
liable.

My attorney (of course I did consult an attorney) assured me they were. 
But he wanted me to travel to doctors, not work, and take a lot of time
off my life to fight, so I could get anywhere from $10,000 to $100,000
or more, and so he could pocket a good bit of change, too.

My shoulder healed nicely, and I decided to lick my wounds and go back
to work.

That doesn't mean you or anyone else shouldn't sue, it just means you
should look at the issues involved and make a decision that's right for
YOU.

Jeff
-- 
Jeff Lasman <jblists@xxxxxxxxxxxxx>
nobaloney.net
P. O. Box 52672
Riverside, CA  92517
voice: (909) 787-8589  *  fax: (909) 782-0205