Re: Copywright infringement...needing help/advice

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On 5/03/02, Jason wrote:
> Hello out there to all lawyers and learned folks. I have
> come across a problem. I own and maintain a website on
> which I have compiled a "checklist" for some original
> art/nonsports cards (please take a moment to check out my
> site and hit the FAQ section to understand what these cards
> are all about). This list was created and formatted by
> myself and took many many hours...maybe 75-100 or more of
> my man-hours are invested in the research, HTML coding,
> spell checking, etc. My problem is that, after a long
> hiatus (almost 7 months), I am back to updating and
> tweaking my site...I was aware of other collectors' sites
> and checked them out for new info and such. I ran into a
> site that has stolen my Checklists and passed them off as
> his own. (side note, there are 4 checklists on my site--two
> of which were furnished and distributed freely by the
> actual nonsports card companies and cannot be
> copywrighted. But 2 are mine--the MCC98 checklist (which
> is the one that was heisted) and the Marvel Legends
> checklist).
>
> Furious at all my hard work and dedication to creating THE
> master checklist for these particular cards, which was
> lifted from my site and published on anothers.
>
> Now I know I do not own the copywright for the character
> names nor that of the artists who drew them, but I DO own
> the effort put forth to create this checklist (formatting,
> man-hours, hosting fees, research, etc.). And with the
> copywright listed on those pages, as well as the
> wording "This list may NOT be reproduced, published, or
> edited in whole or part, without my written permission--
> also, linking to this webpage or any other page within this
> site must also have my permission."
>
> So I decided to email this fellow (owner of
> www.sketchagraph.com) and make a few small demands...this
> is what I sent him today:
>
> "I recently began updating my site again after a long
> hiatus...so I began to surf around the old sketchagraph web
> sites I used to visit. I came across yours
> (sketchagraph.com) and noticed something strange and then
> horrible--you STOLE my MCC98 sketchagraph checklist! Not
> only did you steal it, but you make no mention of where the
> list originated (linking back to my site), who compiled it
> (ME-Jason Swanson), and you paid NOTHING for all my hard
> work for the coding, research, etc--for its use on your own
> site. I have probably over 100 hours invested in that list
> alone (and I have SEEN every one of those cards, via email,
> websites, auctions, stores, etc--so all cards are
> verifiably REAL). Bottom line, you did not have permission
> to snag that list or the HTML coding of that list.
>
> Here's what you're going to do...you will place a link back
> to my website (sketchagraphs.com) on every single page of
> those checklists, since that is INDEED where the lists came
> from (and acknowledge such origins). You will publicly
> thank me for their usage on the pages, and also you will
> apologize to me on each and every page for not getting my
> permission to use those lists in the first place.
>
> Finally, you will scour your "lists" and complie a list of
> the sketchagraphs NOT on my site (so you will be repaying
> me in sorts by working on this list for me), so I can
> update mine as well. I will place a "thank you" for your
> contributions as well on the top of my page. But I only
> want cards that you have SEEN and verified existed, not
> just crap someone told you they saw. Together we will form
> a new partnership in updating the MASTER list which is MINE
> and then you can update your own as well--we will keep each
> other up to date on any findings.
>
> If you refuse to do these tiny things, then I will be
> forced to seek legal advice on how to proceed on copywright
> infringment, as it states clearly on the startpage AND the
> MCC98 checklist page ,"This list may NOT be reproduced,
> published, or edited in whole or part, without my written
> permission--also, linking to this webpage or any other page
> within this site must also have my permission."
>
> Get back to me on this ASAP.
>
> Sincerely,
>
>
> Jason Swanson
> owner www.sketchagraphs.com
> "
>
> I thought that was more than fair and demanded nothing as
> far as monies; the only demand was for recognition for my
> hard work and an appology. Things would have been fine if
> he would have complied, although I would still have been
> very uneasy about how easily I was robbed.
>
> But then I received this response in email from him:
>
> "The Sketchagraph website has been around a lot longer than
> your site, sorry I
> will change nothing.
> "
>
> So I have laid out all of the info...please, shed some
> clarification on this situation for me and let me know if
> anything can be done to him (keeping in mind I am only 24
> and work a minimum wage job and have little cash available
> for a lawsuit).
>
> Thanks ahead of time.
>
> Sincerely,
>
> Jason

Re: Copywright infringement...needing help/advice, 7/24/02, by D.

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