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DPChallenge Forums >> Photography Discussion >> My stolen photo is STILL stolen
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08/15/2007 11:19:31 PM · #1
Neither PhotoSite nor Faye Mozingo have responded to my cease and desist notices. I'm in a grump tonight, so I'm taking another swing. My only known means of contacting her it to post on her Webshots forum, since PhotoSite isn't accepting new members. I noticed that she's changed one of her album covers there, which indicates she's still active on the site - this has made me angry on the wrong day to make me angry. I'm tired of waiting for PhotoSite to finally shut down while this thief continues to get away with her crime. Further (legal) suggestions are welcome.

My post to her:

"My stolen photo is still on your PhotoSite, despite my requests that you remove it.

My stolen photo is here:
//fmozingo.photosite.com/Album1/480544.html

It was stolen from here:
//www.dpchallenge.com/image.php?IMAGE_ID=480544

You didn't even bother to change the file name.

I know that you are active at that site since the album covers have recently changed. I have once again reported the theft to the webmaster. Unfortunately, I cannot contact you there since PhotoSite is no longer accepting new members.

Please stop ignoring me, stop feigning ignorance, and promptly remove my stolen photo from your albums. If you delete this, I will post it again. I will not stop demanding that my rights as the true copyright holder be respected.

Rebecca Lehmann"
08/15/2007 11:24:35 PM · #2
I believe that once the webmaster has been notified, their ISP becomes liable for infringement as well under the DMCA if they fail to act. Contact the ISP which hosts the site and let them know that the site is hosting infringing (not "stolen") photos and they should shut down the whole site -- that should get the webmaster's attention.
08/15/2007 11:27:02 PM · #3
Originally posted by GeneralE:

I believe that once the webmaster has been notified, their ISP becomes liable for infringement as well under the DMCA if they fail to act. Contact the ISP which hosts the site and let them know that the site is hosting infringing (not "stolen") photos and they should shut down the whole site -- that should get the webmaster's attention.


Is what I need in here somewhere?

Domain Name: PHOTOSITE.COM
Registrar: ENOM, INC.
Whois Server: whois.enom.com
Referral URL: //www.enom.com
Name Server: AUTHNS.LAX.UNTD.COM
Name Server: AUTHNS.IAD.UNTD.COM
Name Server: AUTHNS.DCA.UNTD.COM
Status: ok
Updated Date: 26-jun-2007
Creation Date: 28-mar-1997
Expiration Date: 29-mar-2008
08/15/2007 11:27:15 PM · #4
This page may help, if you haven't already followed the instructions posted there.

~Terry
08/15/2007 11:28:39 PM · #5
Originally posted by ClubJuggle:

This page may help, if you haven't already followed the instructions posted there.

~Terry


I sent it to them a month ago, notarized, and evidence attached. It's been duly ignored.
08/15/2007 11:30:46 PM · #6
More:

Domain name: photosite.com

Administrative Contact:
United Online, Inc.
Networking Department (hostmaster@noc.untd.com)
+1.8182873000
Fax: +1.8182873001
21301 Burbank Blvd
Woodland Hills, CA 91367
US

Technical Contact:
United Online, Inc.
Networking Department (hostmaster@noc.untd.com)
+1.8182873000
Fax: +1.8182873001
21301 Burbank Blvd
Woodland Hills, CA 91367
US

Registrant Contact:
United Online, Inc.
Networking Department (hostmaster@noc.untd.com)
+1.8182873000
Fax: +1.8182873001
21301 Burbank Blvd
Woodland Hills, CA 91367
US
08/15/2007 11:35:31 PM · #7
No, you need to email/call the actual ISP that owns the address space the server(s) resides in.

OrgAbuseHandle: CNAC-ARIN
OrgAbuseName: CNET Networks abuse contact
OrgAbusePhone: +1-415-344-1662
OrgAbuseEmail: abuse@cnet.com <-------------

Name: c13-ws-community-lb.cnet.com
Address: 216.239.116.24
08/15/2007 11:41:59 PM · #8
I would say both. United online is the company hosting the website. While they aren't directly responsible for content they are liable for the data on their servers. I'm guessing CNet won't pull the plug on the connection for the infractions of one person on their network. However, letting them know early on may help pave the way if there are multiple occurences of this issue.
08/15/2007 11:42:03 PM · #9
Oh, wow.

You actually have grounds for a lawsuit against NetZero.

~Terry
08/15/2007 11:48:50 PM · #10
That is totally infuriating and I hope you can resolve it quickly. Interestingly, the comments left on her webshots site are all sweetness and light. This Faye seems to be the epitome of loveliness according to her friends.

By the way, Becky - the link you posted there on her page doesn't work - so it doesn't link to your dpc original shot. Don't know if you can go edit it.

Good luck!!

Message edited by author 2007-08-15 23:50:19.
08/15/2007 11:50:23 PM · #11
Oh god, the last thing I need or want is a lawsuit. My life is crazy enough! Besides, I think it would take a bit more than one cease and desist notice to a single individual for a lawsuit to have grounds. I think that NetZero/CNet/whoever would need to actually flat out tell me "no" on behalf of the entire company before anyone would take it seriously, especially when I can't prove any damages. But PhotoSite is supposed to be in the process of shutting down by the looks of its front page - maybe I can "help".

I'm sending to both the hostmaster and abuse addresses we've dug up. How does this look?

-

To Whom It May Concern:

I have discovered that one of the members at PhotoSite, fmozingo, had infringed upon the copyright of one of my photos. After my various attempts over the last month to contact the member directly either failed or were ignored, I sent an infringement notice, notarized and evidence attached, in accordance with the Copyright Policy posted here: //www.photosite.com/legal/copyright.htm

My request for my photo's removal has been wholly ignored by PhotoSite. The Notice of Infringement was mailed on July 19, 2007.

The infringement is here:
//fmozingo.photosite.com/Album1/480544.html

The original photo, including multiple versions and a how-to guide for its setup is here:
//www.dpchallenge.com/image.php?IMAGE_ID=474278
//www.dpchallenge.com/image.php?IMAGE_ID=480544

Please advise how I may have my photo removed when the infringer and the website hosting her are both unresponsive. I am willing and able to provide further evidence of ownership should it become necessary.

Sincerely,
Rebecca Lehmann
lehmann75@gmail.com
//rebecca.dpchallenge.com

Message edited by author 2007-08-15 23:53:00.
08/15/2007 11:51:35 PM · #12
I'm guessing you are knocking on a door where there's no one home:

PhotoSite is discontinuing service and can no longer accept new registrations.


I'm guessing you saw that though
08/15/2007 11:52:48 PM · #13
Wow...well written Rebecca. That should get the ball rolling.

ETA: I used to take external abuse complaints and respond to them.

Message edited by author 2007-08-15 23:54:59.
08/15/2007 11:54:00 PM · #14
You might change the "had ..." to "has infringed ..." or "is infringing..." since the violation is still occurring in the present.
08/15/2007 11:54:37 PM · #15
Originally posted by Citadel:

I'm guessing you are knocking on a door where there's no one home:

PhotoSite is discontinuing service and can no longer accept new registrations.


I'm guessing you saw that though


Sure looks like it - but they shouldn't be allowed to get away with abandoning legal responsibilities. Faye updated one of her album covers in there sometime in the last few days - that's what's gotten me riled about it again. It isn't some account she's abandoned and for which she's forgotten the password. I'm being flat out ignored.
08/15/2007 11:55:34 PM · #16
Originally posted by Rebecca:

Sure looks like it - but they shouldn't be allowed to get away with abandoning legal responsibilities. Faye updated one of her album covers in there sometime in the last few days - that's what's gotten me riled about it again. It isn't some account she's abandoned and for which she's forgotten the password. I'm being flat out ignored.


Good point...
08/16/2007 12:01:32 AM · #17
Originally posted by GeneralE:

You might change the "had ..." to "has infringed ..." or "is infringing..." since the violation is still occurring in the present.


Perhaps less awkward and more to the point:
"Is claiming copyright for one of my photos"
?
08/16/2007 12:11:16 AM · #18
Sorry to hear your troubles are ongoing.

some more of "her" flower photos can be found here: everyone might want to check and make sure they are not stolen.

and here.

08/16/2007 12:20:32 AM · #19
Anyone notice this comment on her webshots space?
"Hi Faye, I thank you for your most recent compliment on my One Photo a Day Album. I don't want to bring up any unpleasantness but I did some research on your "accusers". Not a single one of them has ever put up a single picture on Webshots. Nor did any of them offer any evidence, or any link to any evidence, of any wrong-doing on your part. I can only conclude that you have been the victim of a vicious smear campaign."

said paulewing 17 days ago

I left a reply in his comments, haven't had any response.
08/16/2007 12:21:11 AM · #20
She also seems to post on some other sites as "maf04". If you go to treknature.com here: you can join and contact her. (how many faye mozingos can there be? hope it helps!

and also as lazzie.

and here

Message edited by author 2007-08-16 00:33:00.
08/16/2007 12:21:28 AM · #21
Just a heads up. Rebecca, I went to the comment you made on her webshots page. It seems you messed up the links to the photos and they're not showing up right. The word "it" is added to the first link and the the word "you" is added to the second link.
08/16/2007 12:22:43 AM · #22
You want to adress that to the Designated Agent...

Here is what I wrote in my last DMCA letter:

To: General Counsel
Earthlink, Inc. 1375 Peachtree Street, NW
Level A
Atlanta, Georgia 30309

Re: Notification of Copyright Infringement
Date: 12/4/2006

From: My address information

I have found that images on a web site that appears to be hosted by Earthlink, Inc. are being used with out my permission and in violation of my copyright. As outlined by the Digital Millennium Copyright Act of 1998 I am writing the listed designated agent for Earthlink, Inc. to have the images removed or access to the web site blocked.

The web site that these images appear on is: //www.xxxx

Starting with the home page at //www.xxxx, the images that are being used without my permission are all of the images used as menu icons with the following file names:

aboutus2.gif aboutus1.gif
studyicy2.gif studyicy1.gif
studjabari2.gif studjabari1.gif
studnadal2.gif studnadal1.gif
ladybacal2.gif ladybacal1.gif
ladyayla2.gif ladyayla1.gif
ladygale2.gif ladygale1.gif
ladyyejide2.gif ladyyejide1.gif
ladyjumoke2.gif ladyjumoke1.gif
ladyzahara2.gif ladyzahara1.gif
ladyjustine2.gif ladyjustine1.gif
bb2.gif bb1.gif
pq2.gif pq1.gif
pl2.gif pl1.gif
nb2.gif nb1.gif
gi2.gif gi1.gif
bg2.gif bg1.gif
gg2.gif gg1.gif
email.gif

On every page within the web site that I looked at, the following images were used:

back2.gif next2.gif
email.gif

All of these images are copies of copyrighted and registered images by Michael D. Jordan. Registration number VA 1-207-747.

I do in good faith believe that the use of the listed images in this complaint are not authorized by the copyright owner, its agent, or law.

As required by the DMCA, this information is accurate and under penalty of perjury, I am authorized to act as the owner of the exclusive right of the images that have been infringed on and that the use of these images have not been authorized.

=====

This is the format required by the DMCA. If you don't have your registered you will need to leave that part out, although if they are registered, they will sit up and take notice a whole lot faster. Places like this know that most non-registered copyright holders don't have the money to even attempt to sue for copyright infringement and it's safe to ignore them.

Mike
08/16/2007 12:33:21 AM · #23
Originally posted by Redjulep:

That is totally infuriating and I hope you can resolve it quickly. Interestingly, the comments left on her webshots site are all sweetness and light. This Faye seems to be the epitome of loveliness according to her friends.

By the way, Becky - the link you posted there on her page doesn't work - so it doesn't link to your dpc original shot. Don't know if you can go edit it.

Good luck!!


I can't edit it. I don't think it matters too much, though. She won't click on them. I'm just reminding her that I'm here and have not forgotten.
08/16/2007 12:34:44 AM · #24
MikeJ - thank you. I've already sent my query off, so we'll see what they say in response before I make use of your format.
08/16/2007 03:46:47 PM · #25
Paul seems to now understand the situation:
I hereby publicly retract all comments I made in defense of mozingo1. I also apologize to those of you who had images stolen by the person who goes by that WS moniker. At the time I made those comments, I had no evidence of any wrongdoing on her part. Thanks to the hard evidence provided by Webshots members Rebecca Lehmann and CanonCanuck, I now see that copyright was indeed violated by mozingo1. Also, the day after I wrote my defense, Webshots trashed most of mozingo1's pictures and most of her messages to that date. I can only conclude that I was wrong. The egg is on my face now!
-paulewing on PhotoSite, 13 hours ago

Originally posted by BeeCee:

Anyone notice this comment on her webshots space?
"Hi Faye, I thank you for your most recent compliment on my One Photo a Day Album. I don't want to bring up any unpleasantness but I did some research on your "accusers". Not a single one of them has ever put up a single picture on Webshots. Nor did any of them offer any evidence, or any link to any evidence, of any wrong-doing on your part. I can only conclude that you have been the victim of a vicious smear campaign."

said paulewing 17 days ago

I left a reply in his comments, haven't had any response.
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