WEB need some advice on this situation...

Discussion in 'OT Technology' started by Oh its me 20, Aug 11, 2008.

  1. Oh its me 20

    Oh its me 20 New Member

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    I operate a website targeted to a very niche demographic where there is only one other competitor. This competitor has been doing it for years (my site is only a few months old). This competitor has been making some attempts to prevent my site from gaining traction (obviously because he doesn't want any competition).

    To indirectly get back at him, I purchased some Facebook social ads, and used a photograph that he was in to promote my site. Now he is sending emails to me saying that its illegal to do so, and is threatening legal action.

    He may or may not own the photograph that I am using. However, I asked him to produce documentation or a link proving it was his. He wouldn't but insisted that it is him in the photo (which i knew).

    Do I really have anything to worry about? Should I leave the ad up or take it down?
     
  2. DnA02

    DnA02 Hey, how YOU doin?! OT Supporter

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    so what did he do to you?
     
  3. Oh its me 20

    Oh its me 20 New Member

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    Our sites both target a specific location. So he and his employees would take down signs, flyers, business cards, etc. that would promote our site. He would also bad mouth our site to local business that are helping to promote it.

    Basically his actions aren't directly harmful to the site itself, but he is making an effort to prevent us from promoting.
     
  4. DnA02

    DnA02 Hey, how YOU doin?! OT Supporter

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    well i cant be much help to ya but maybe you should look into DMCA laws, usually if someone wants another person to take some sort of content down, they usually have to attach a DMCA form i think.

    also, since i dont know what the picture is, he might be able to sue you if the picture is libel towards him.

    just fyi, my knowledge with these types of situations are limited and im no lawyer:o
     
  5. kingtoad

    kingtoad OT Supporter

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    Does he or his company own the Photograph? You can potentially get in trouble if you're using rights to an image that you don't own.
     
  6. Oh its me 20

    Oh its me 20 New Member

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    I'm not sure. The copyright on his site is from 2007 (not that he couldn't update it in 2 seconds if need be).

    The photo itself isn't anything special. Just basically a group shot of people with him in it, taken with a standard point and shoot. Its basically one of those photos of people hanging out from one of their "meetings". Its a very general scene and the majority of people are wearing hats and sunglasses.
     
  7. White Stormy

    White Stormy Take that, subspace!

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    you ripped the picture from his web site? :hsugh:
     
  8. Jesse

    Jesse PSN: iamajesse; XBL: Inhale My Rod; G8 GT crew; Ne OT Supporter

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    If you manipulate it enough (photoshop) he can't claim it's his. The "enough" is a bit of grey area though.
     
  9. Oh its me 20

    Oh its me 20 New Member

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    actually no. It was on another person's personal site.
     
  10. Oh its me 20

    Oh its me 20 New Member

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    I flipped it horizontally. :wiggle:
     
  11. Oh its me 20

    Oh its me 20 New Member

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    My only concern is if there is a chance I have anything to worry about, or if this guy is making blind threats.
     
  12. Jesse

    Jesse PSN: iamajesse; XBL: Inhale My Rod; G8 GT crew; Ne OT Supporter

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    That'll probably win in court :coolugh:
     

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