On Wed, 14 Jun 2006 22:29:48 +0000, Edwards wrote:
> On 2006-06-13, flatfish+++ <flatfish@xxxxxxxxxxxxx> wrote:
>> Criminal no, I don't believe I ever said it was criminal?
>> It becomes a crime when he receives a cease and desist order from the
>> author and still continues to use the image.
>
> No, it "becomes a crime" when the conditions listed here are met:
>
> http://www.copyright.gov/title17/92chap5.html#506
All it takes is the first sentence.
Looks like it qualifies to me.
a) Criminal Infringement. - Any person who infringes a copyright willfully
either -
(1) for purposes of commercial advantage or private financial gain, or
--snip
http://dictionary.reference.com/browse/willfully
Roy now knows what is required of him to use the image and yet he still
uses it so unless he has contacted the author, Eriks email is interesting
in this respect, he is still posting the images *willfully* and without
permission.
Roy also makes money off the web pages where the images are being used.
He could of course argue that the images do not contribute to his hit
count as much as the topics do.
And BTW, for me, this is an ethics problem.
Any reasonable person would have removed the images pending a decision by
the author to allow or disallow their use.
--
flatfish+++
"Why do they call it a flatfish?"
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