Deleted my website

azazel · March 7, 2006

i got these threatening emails about how im going to get sued for having someones pic on my site so i decided to delete my entire website full of atleast 2,000 photos.. *sigh* is there anyway to bring it back.. i just got scared and out of the blue deleted it. :cry lemme know.

snapapple · March 8, 2006

azazel wrote:

i got these threatening emails about how im going to get sued for having someones pic on my site so i decided to delete my entire website full of atleast 2,000 photos.. *sigh* is there anyway to bring it back.. i just got scared and out of the blue deleted it. :cry lemme know.

Eeeeek! That was an extreme reaction. I hope the Smugmug guys can give you an easy way to get it back, short of uploading the whole 2,000 photos over again. If not, hang in there and start from square one. Remember to be careful about copyright infringement and only display your own work. Consider it a lesson learned.

I encourage you to start again. Smugmug is a cool place to share your photos and you'll be glad you invested the time.

azazel · March 8, 2006

it was either face a 800$ copyright fine or delete the whole thing.. i regret it emmensely. All my keywords are gone, pics, etc etc etc.. it will be hard to start over again..

Mike Lane · March 8, 2006

So you were infringing on someone's copyright then? That's no good.

Anywho, this belongs in the smugmug support room where it can get the proper attention.

Also consider writing an email to help@smugmug.com

Moving...

Wireless · March 8, 2006

We can take a look at your account, however I don't have enough information to help out at this point. Can you please send your SmugMug username, and/or the email you registered with to either myself via Private Message, or to help@smugmug.com?

We'll be happy to take a look and see if we can help you out.

devbobo · March 8, 2006

The Copyright Complaints clause is right there in the Smugmug Terms.

To be perfectly honest, I'm surprised you didn't get C&D'd earlier.

And did I mention I am actually happy, those 9/11 photos (especially the WTC jumper photos) were nothing short of tasteless.

Retagger · March 8, 2006

I Agree...

devbobo wrote:

The Copyright Complaints clause is right there in the Smugmug Terms.

To be perfectly honest, I'm surprised you didn't get C&D'd earlier.

And did I mention I am actually happy, those 9/11 photos (especially the WTC jumper photos) were nothing short of tasteless.

I agree. His photos are extremly tasteless and it is a terrorist website. If he did "Steal" someone else's photos as he admitted, he should be sued. Why would Smugmug host a terrorist website? I call on the administrators of Smugmug to immediately stop hosting Azazel's website and stop him from at least spreading his hateful message on Smugmug....... At the very least, Axazel did violate the Copyright clause in the Smugmug terms, and that alone is enough to stop hosting his site.

His site is www.azazel.smugmug.com -- Look for your self. Also look at the links listed on his site to other terrorist sites.

He is also in violation of the section entitled, "Reviews, Comments, Communications and other Content" of the Smugmug terms.

Is anyone else outraged about his site? About Smugmug hosting his site?

Hopefully, by this time tomorrow, Azazel's site cannot will no longer be hosted by Smugmug since he is in violation of at least two (2) sections of Smugmug's terms.

David.....

azazel · March 9, 2006

thats a bit extreme dont you think? im not stealing anything just hosting photos that are on my HD :uhoh

Retagger · March 9, 2006

azazel wrote:

thats a bit extreme dont you think? im not stealing anything just hosting photos that are on my HD :uhoh

I don't think my comments are extreme at all. Your comments on your site are extreme and hopefully your site will no longer be hosted by Smugmug. If the photos are on your hard drive, if they are not yours and you are hosting them on your site - - YOU ARE HOSTING PHOTOGRAPHS THAT YOU HAVE NO LEGAL RIGHT TO ---aka --- YOU STOLE THEM...

David

azazel · March 9, 2006

well there are plenty of sites that do the exact same thing, hosting videos and pictures and even watermark that particular file and claim its their own. I dont watermark, i just like to collect pictures and documents that interest me.. im thinking of making the whole thing private as i dont want any copywrite troubles.. my site was a database, and hopefully if my site comes back up there will be BIG changes. But equating my site as a terrorist site, thats going overboard just a tad...

Andy · March 9, 2006

Retagger wrote:

YOU ARE HOSTING PHOTOGRAPHS THAT YOU HAVE NO LEGAL RIGHT TO ---aka --- YOU STOLE THEM...

David

Hi David,

Thanks for posting, and for writing us email, also.

I don't like the photos or the site, either. But until we're made aware of clear violations of our Terms of Service, I can't do anything except not look at his site... If you have specific complaints about specific photos, pages, galleries, websites that violate our terms of service, please let us know by emailing us.

http://www.smugmug.com/help/emailreal
http://www.smugmug.com/aboutus/terms.mg

Bodwick · March 9, 2006

azazel wrote:

i got these threatening emails about how im going to get sued for having someones pic on my site so i decided to delete my entire website full of atleast 2,000 photos.. *sigh* is there anyway to bring it back.. i just got scared and out of the blue deleted it. :cry lemme know.

Why would the founding member of the 'Global Alliance Militia' get so easily scared? Nothing to worry about, all you've done is steal hundreds of peoples photo's and add a few stupid comments.

It's a shame your obvious skill at web design is wasted on this. Your forum shows the way you think and it does not have any interest to me at all.

You need to get out more...

Watch out you don't get reported as a security risk. Infact you better go hide under your stairs now. Whatever you do don't open your front door as THEY are coming to get you.

Bod.
Founding member of the new Anti Global Alliance Militia Militia.

marlinspike · March 9, 2006

Granted I've only read the home page of his site, but I don't see how his site is a terrorist site. To me it just looks like an anti-war and pro-individual rights site with a bit of conspiracy thrown in.

Angelo · March 9, 2006

don't make your photos available for sale and give credit, even broad boilerplate if necessary, to the photographers who actually took the photos. that should cover you. (but I'm no lawyer)

** moderator edit **
No politics here please.
There are other places for this.

Retagger · March 9, 2006

Violation of Terms of Agreement

Andy wrote:

Hi David,

Thanks for posting, and for writing us email, also.

I don't like the photos or the site, either. But until we're made aware of clear violations of our Terms of Service, I can't do anything except not look at his site... If you have specific complaints about specific photos, pages, galleries, websites that violate our terms of service, please let us know by emailing us.

http://www.smugmug.com/help/emailreal
http://www.smugmug.com/aboutus/terms.mg

Hi Andy,

I did list the sections of the terms of agreement that he did violate. Specifically, the following sections:

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Use of the Services by you is subject to all applicable local, state, national and international laws and regulations. You may post reviews, comments, suggestions, bugs, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Smugmug reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.

COPYRIGHT COMPLAINTS - Azezal admits stealing the photographs

Smugmug respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Smugmug's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at copyrightagent@Smugmug.com or Copyright Agent, Smugmug, 3347 Shady Spring, Mountain View, CA 94040.

TERMINATION - Since he has violated the terms, he can be terminated.

Smugmug may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at Smugmug's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, Smugmug, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that Smugmug deems appropriate to enforce its rights and pursue all available remedies.

Upon your termination of your account, you will not recieve a refund for any subscription fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed to Smugmug on your account, you will be liable for all attorneys' and collection agency fees.

______________________________

The ball is in the hands of Smugmug now. This matter needs to go to the owner(s) of Smugmug and the Board of Directors (If there is one) for their decesion. This is bigger than just getting one person's opinion.

David.....

marlinspike · March 9, 2006

There are ways to display other people's photos that wouldn't be copyright infringement. To me this is a matter that needs correcting, not one that needs removal.

mbrady · March 9, 2006

azazel wrote:

well there are plenty of sites that do the exact same thing, hosting videos and pictures and even watermark that particular file and claim its their own.

Just because no one with the legal claim has contacted them to remove the photos doesn't mean that it's still not a copyright violation.

Andy · March 9, 2006

Hi everyone:

Firstly - we won't be having a flame fest here, so please think before you post. Secondly - if anyone has indications of any violations of our terms of use, the way to let us know is by email to help@smugmug.com, with specific references gallery & photo.

Thank you very much.

Retagger · March 9, 2006

Andy wrote:

Hi everyone:

Firstly - we won't be having a flame fest here, so please think before you post. Secondly - if anyone has indications of any violations of our terms of use, the way to let us know is by email to help@smugmug.com, with specific references gallery & photo.

Thank you very much.

Andy,

For some reason, I cannot "Copy & Paste" my comments into an e-mail. Can you forwarded it to the right person so action can be taken.

I thought that I gave you enough information to go on. I showed several areas where he violated the terms of agreement. If nothing is going to be done, just say so. It is more than just copyright violations. As I have shown, his site does violate the terms of agreement and Smugmug should therefore, terminate his service. It cannot be any clearer. He did violate the terms. Now it is up to you to enforce Smugmug's terms.

David...

Andy · March 9, 2006

Retagger wrote:

Andy,

For some reason, I cannot "Copy & Paste" my comments into an e-mail. Can you forwarded it to the right person so action can be taken.

I thought that I gave you enough information to go on. I showed several areas where he violated the terms of agreement. If nothing is going to be done, just say so. It is more than just copyright violations. As I have shown, his site does violate the terms of agreement and Smugmug should therefore, terminate his service. It cannot be any clearer. He did violate the terms. Now it is up to you to enforce Smugmug's terms.

David...

Sure you can. Highlight, copy, paste... You have to send it please, I can't do it for you. Actually, you did not give me the info I requested, need specific gallery/photo links ... nor did you send it where I suggested

I hate to be a pain, but this is stuff that belongs at help@smugmug.com thank you. It's the only way we can have complete, accurate records.

azazel · March 10, 2006

ok listen guys, i give credit to authors of the photos, i am not stealing but merely hosting them on the site, i dont watermark any pictures not even my own. Its strictly a database that caters to like-minded people (conspiracy minded, anti-war, etc.) basically people in the underground come to my site and search the database. What smugmug does is it makes the pictures easier to find with keywords, as i dont need to search my HD for pictures i can just type in a keyword and bingo. smugmug basically makes my life easier, and if people want to search the database, fine by me, but its basically for my own self-interests.

I dont sell other peoples photos, i make no money off of other peoples work, i have a donate button if people want to donate thats fine, if authors want me to take off their work i will do it, if they want credit i will do it.. I am not a terrorist, i'am an American and am not affiliated with any violent group or militia. Im a nice guy.

Retagger · March 10, 2006

azazel wrote:

ok listen guys, i give credit to authors of the photos, i am not stealing but merely hosting them on the site, i dont watermark any pictures not even my own. Its strictly a database that caters to like-minded people (conspiracy minded, anti-war, etc.) basically people in the underground come to my site and search the database. What smugmug does is it makes the pictures easier to find with keywords, as i dont need to search my HD for pictures i can just type in a keyword and bingo. smugmug basically makes my life easier, and if people want to search the database, fine by me, but its basically for my own self-interests.

I dont sell other peoples photos, i make no money off of other peoples work, i have a donate button if people want to donate thats fine, if authors want me to take off their work i will do it, if they want credit i will do it.. I am not a terrorist, i'am an American and am not affiliated with any violent group or militia. Im a nice guy.

Azazel,

You claim that you are not affiated with a militia, but according to your website, you are the founder of the Global Alliance Militia.

From your site:
Welcome to the Global Alliance Militia, an unofficial militia, focused soley on spreading files and seeking truth, we're the "invisible army" of citizens hell-bent on destroying the United Nations Agenda, Calling for a New World Order. These Benedict Arnolds of Modern times, will stop at nothing to bring a one world governance, and America will be the platform.

Also remember that no one is searching for photos on your hard drive, they are searching the database on Smugmug with photos that YOU have uploaded. Are these your photos? Do you have legal authority over these photos? Did you take these photos? Is there a disclaimer on your site stating that these are not your photos? The answer to ALL of these questions is NO and you are therefore violating copyright laws and are also in violation of the terms of Smugmug.

David....

cambler · March 10, 2006

Just to be clear, giving credit does not absolve you of the crime of intellectual property theft.

Indeed, it shows that you know you've stolen the picture. It's like wearing a sign on your back, while walking down the street, that says, "These pants were stolen from the Gap. Full credit to the Gap, where I shoplifted these pants!"

Retagger · March 10, 2006

cambler wrote:

Just to be clear, giving credit does not absolve you of the crime of intellectual property theft.

Indeed, it shows that you know you've stolen the picture. It's like wearing a sign on your back, while walking down the street, that says, "These pants were stolen from the Gap. Full credit to the Gap, where I shoplifted these pants!"

Hi Cambler,

I agree with you 100%. I am still waiting for a reply from Smugmug reagrding Azazel's violation of the terms of agreement. Hopefully, they will do the right thing and terminate his membership and stop hosting his website.

David...

Mike Lane · March 10, 2006

:deadhorse:deadhorse:deadhorse:deadhorse:deadhorse

:soapbox:soapbox:soapbox:soapbox:soapbox

Dude, why don't you let Smugmug run Smugmug? I'm quite certain they heard you.

Andy · March 10, 2006

Retagger wrote:

Hi Cambler,

I agree with you 100%. I am still waiting for a reply from Smugmug reagrding Azazel's violation of the terms of agreement. Hopefully, they will do the right thing and terminate his membership and stop hosting his website.

David...

David, I answered your previous post here:
http://www.dgrin.com/showpost.php?p=265094&postcount=20

This thread, is not the place - and if you have the specific examples, with links, please do send them to our help desk,

Thanks.

Mongrel · March 10, 2006

Hey Retagger...
Out of respect and appreciation for the hardworking mods and the Smugmug team...

"Post removed"

Sorry Mike....

back to the doghouse....

Mike Lane · March 10, 2006

Mongrel wrote:

From me to you (only...),

BACK OFF with the political crap ok?

*** SNIP ***

Get U.S. out of the United Nations...

Let us all take a step back and knock it off. Consider this an issue that is being handled exactly how Smugmug wants to handle it. Stop with the politics, right or left, authoritarian or libertarian, sincerely or ironically or otherwise. This is not the thread for that.

Retagger · March 10, 2006

No more comments from me here on the forums regarding this issue.

To you Mongrol only - If you look up the definition of "Domestic Terrorism", his site fits. Read his words and compare them to the defintion - maybe you will learn something....Also visit the sites that he is linked to and the members of those sites. Once you put everything together - mabye you will see it clearer.

I think that you are missing the entire point here, Azezal admits that he violated the copyright laws and he thinks that there is nothing wrong with that.

Mike Lane, you even wrote in your comments that Azezal was wrong.

Andy, I did take your advice and sent my comments to the help desk. I will leave the subject to Smugmug. I do realize that this is not the right place for matters like this, eventhough I disagree with his tactics.

I will end this now, as this is my last post on this subject.

David...[/quote]

Mike Lane · March 10, 2006

Retagger wrote:

No more comments from me here on the forums regarding this issue.

To you Mongrol only - If you look up the definition of "Domestic Terrorism", his site fits. Read his words and compare them to the defintion - maybe you will learn something....Also visit the sites that he is linked to and the members of those sites. Once you put everything together - mabye you will see it clearer.

I said stop the politics.

Retagger wrote:

I think that you are missing the entire point here, Azezal admits that he violated the copyright laws and he thinks that there is nothing wrong with that.

Yeah, we all heard you.

Retagger wrote:

Mike Lane, you even wrote in your comments that Azezal was wrong.

Once. And once is enough.

Retagger · March 18, 2006

Mike Lane wrote:

I said stop the politics.

Yeah, we all heard you.

Once. And once is enough.

It has been almost two (2) weeks since Smugmug has become aware of this situation and I have not heard anything either through this forum or by e-mail. I would like to know the what has become of this matter.

Sometimes once is not enough.....