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Thread: Our Rights are protected!

  1. #1
    Junior Member maridah is an unknown quantity at this point maridah's Avatar
    Gil
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    Default Our Rights are protected!

    Per the GNU Artwork License: Any images released onto the internet may be copied for modifcation or reuse. If modified, original creator must be credited. If copied, no credit must be given.

    I'm pretty sure Deviant Art followed GNU policies and licenses. Final say will be left to Kaitou Ace and Princess Minako.
    As you neither asked for nor received permission to use the Work nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

    I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies.

    GNU will not protect you from being sued.
    My roommate won a case just like this and took thier house, car, and finances.
    This is our material, we have legal rights over it. If this site does not remove it, expect legal action. It is that simple.

  2. #2
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    It is not my decision whether or not the image is infringing. Please contact the person who posted the image in their gallery, and ask them to delete it. If they do not delete it, then we will step in.

    We are not liable for the images posted in the galleries controlled by our members. Upon signing up, the member agrees that we cannot be held liable for their postings. They are solely responsible for this content. Do not mistake my post as a defense for those infringing. We do remove images if the original artists requests it of the member and the member ignores the request.

    If the member ignores your request, please email me at gfrank@neoservers.com along with a link to the image on both your gallery and the member's gallery.

    Thank you.
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  3. #3
    Junior Member maridah is an unknown quantity at this point maridah's Avatar
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    Thank you. I shall.

  4. #4
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    Not a problem at all. Feel free to pass that message on to others who have faced this same issue at AnimeGalleries.net.

    Good day.
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  5. #5
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    I can understand that you can be angry if someone stole your art (I would be too) but to start sueing people? Grow up!
    Last edited by red storm; 01-02-2005 at 04:36 AM.
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  6. #6
    Junior Member Hakumei is on a distinguished road Hakumei's Avatar
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    Quote Originally Posted by red storm
    I can understand that you can be angry if someone stole your art (I would be too) but to start sueing people? Grow up!
    Even if sueing is a drastic measure, it still is a possibility. These people are getting credit for what they did not do. It's just like someone taking a chapter out of a book and calling it their own. They could essentially do whatever they want with it.

    And I don't know, I think that taking legal action isn't an immature thing to do, unless of course you're suing McDonald's because they sell fatty foods.

    No offense intended ^_^;

  7. #7
    Lawful Good~*I <3<3<3~Torm*~ Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah has a reputation beyond repute Zedekiah's Avatar
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    Well, this and various McDonald's cases does have some similarities.
    But the thing is, at this place, they don't post these pics for their own credit, it's more or less an upload application. And to my not-so-great surprise, it was Inu Yasha that was mostly afflicted in this matter. If you'd take a look at 75% of most Inu Yasha fans here at these forums, you'll realize they're not even able to comprehend the rules of copyright on the internet, let alone follow or enforce them.

    So I truly understand how you feel, but charging with legal action will be somewhat like putting up a 6 year old up for court because he was caught stealing candy in the local general store... A warning, face to face talk with the "culprits" and a little wake up call would be all that's needed.

    And of course, this isn't in any way meant to offend either Inu fans or their creators. So please, if you're insulted, humor me or ignore it.

    Love, N.


    The rewards of tolerance are treachery and betrayal.

  8. #8
    Junior Member Hakumei is on a distinguished road Hakumei's Avatar
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    Quote Originally Posted by Nokizaru
    A warning, face to face talk with the "culprits" and a little wake up call would be all that's needed.
    I completely agree with this statement. However, I don't see that happening.

    That's all I'm really looking for, telling these fans that what they're doing is wrong, and that they should take the pictures down.

    Once that happens, I won't complain anymore.

  9. #9
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    The solution to this has been presented. There is no need to argue rights. If you want to argue rights, post a thread in the right forum.

    One other note: Law suits are not always for money. A person can sue to have forced changes made.
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  10. #10
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    Default

    Quote Originally Posted by Hakumei
    Even if sueing is a drastic measure, it still is a possibility. These people are getting credit for what they did not do.
    Actually, that's not the issue here. It is that fanart belonging to other people has been found in personal galleries hosted on AnimeGalleries.net. It has already been stated that should an artist want their work removed, they're asked first to say as much to the member with the gallery. Should they not receive the action they're looking for, they're perfectly welcome to request the same of the administration, who will remove the work.

    The fact is, many of these people see art online (both professional and fanart) that appeals to them. While they perhaps should be asking permission just to save and upload each of those pieces...that simply does not happen.
    Last edited by Zedekiah; 01-02-2005 at 05:00 PM.

  11. #11
    Junior Member Hakumei is on a distinguished road Hakumei's Avatar
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    Quote Originally Posted by Reiako
    Actually, that's not the issue here. It is that fanart belonging to other people has been found in personal galleries hosted on AnimeGalleries.net. It has already been stated that should an artist want their work removed, they're asked first to say as much to the member with the gallery. Should they not receive the action they're looking for, they're perfectly welcome to request the same of the administration, who will remove the work.
    So, the artist themself has to come ask? Alright, I'll relay that to the artists.

    Quote Originally Posted by Reiako
    I do NOT think the answer is to think about and threaten with lawsuits. It disgusts me, actually, when the simple and logical answer is to ask.
    I do not wish to go as far as a lawsuit. The problem is, I've asked the actual posters to take down the art, but was ignored. And that's why I think the admins/mods should start taking those artworks down. What you've said is that if the poster will not comply, the mods will take action. It's just that I haven't seen the action, nor have I heard that it's coming. That's ALL. I don't WANT a lawsuit. Maridah only brought that up as an extreme example.

    I do not mean any offense to the mods, I just want to see action. Is that really so wrong?
    Last edited by Hakumei; 01-02-2005 at 05:42 PM.

  12. #12
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    Come now, we altered that and she agreed to restrain herself on that part :s
    It's just that none likes the thought of this mess..

    Let's all be happy, no?


    The rewards of tolerance are treachery and betrayal.

  13. #13
    Junior Member Hakumei is on a distinguished road Hakumei's Avatar
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    Quote Originally Posted by Nokizaru
    Come now, we altered that and she agreed to restrain herself on that part :s
    It's just that none likes the thought of this mess..

    Let's all be happy, no?
    I'll be calm... I can't say happy necessarily. I'm glad that you altered that, thank you.

    I just want to know... how will we fix this problem? If you just need someone to scout out for stolen pictures, I'm willing to help. At the expensive of being repetitive, I just want to see action.

  14. #14
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    Hm.
    Well first off, action is taken when someone contacts me about their art being in a gallery, that they want removed. It has always been taken, and there has yet to be an artist who emailed me about their work, whose works weren't removed. Except for one case where the artist never got back to me to actualy give me links to the images, but thats a special case I think.
    Mods don't do anything, because it isn't their job at the moment.
    It's certanly best for it to be the artist who emails me. The copyright holder brings a complaint against one of our users, and the material is removed. Thats how any web host does it.
    And that is what we are in this case. A gallery in the Anime Galleries public galleries, is like a site on geocities. We are not liable for content there, and we do not moderate it, except in case of complaints, or to deal with inapropriate content (pornography, etc). Our legal obligation is to remove the material upon complaint from the copyright holder, and we do that. So paragraphs of legalese do not, as a rule, impress anyone. And it is certanly better to first attempt to contact the owner of that particular gallery, just as, with a geocities site, you would contact the site owner first, before emailing abuse@geocites (or so I always have done).

    There is another reason why it is better to hear from the artist themselves, that is, so I am aware that what is done is indeed at the request of the copyright holder, instead of it being done due to an interpretation of what the copyright holder may feel about it.
    We do not have another system of doing it right now, but it is certanly not out of the question that another one may be added along the way. We are looking into ways that this proccess can be streamlined.

  15. #15
    Goddess (Mom <333) Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako's Avatar
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    This is a public storage of images. Its not that they are claiming credit for it, they are storing pictures that they like. If anything it is a flattery of you and your talent. Its like shouting at someone for storing your image on their harddrive and showing it to their friends saying "Hey I found this really cool image of Inuyasha (using noki's example) on the net, its fanart that someone drew!!!"

    I personally feel that you are overreacting. I create backgrounds and most of them are up on the site, whether or not their good or bad isn't the issue, the issue is that if someone downloads them and stores them on their site, as long as the tag line that here is where they got it from is there I don't mind. You're name is on the art, so if anything its free publicity for you.

    So far we have been more than accomidating to you so please don't wave legal jargon in our faces as if we arn't responding. Those who have personally emailed us, the owners, have had action taken and we've been very nice about it.

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  16. #16
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    Default art theft

    Greetings all. It has come to my attention, thanks to such observant users as Maridah and tasuki-no-miko, that some of my inuyasha fanwork has been used without my permission, particularly in "sasami_n_kikyou_rule"'s gallery. Such images as the haircut and such, I have drawn, and I am absolutely irate, and yet, not surprised to have found them here. My website is www.nimbusthedragon.com, if you require further proof. I demand that "the haircut" be removed, as it is my piece of work, and because I cannot speak for all the other inuyasha fanartists who have been unceremoniously ripped off here, this is all I ask. This kind of behaviour is immature, disrespectful, revolting and punishable by law, and I demand that my rights be protected, now that I have found this. By the way, I have tried to contact the person in question, but have received no response, and it is in good will that I come to the admins for help. Additionally, when I click on this particular user's name, it redirects me to a page on which it says "this username does not exist", though my art remains posted nonetheless. Furthermore, it is quoted beneath the personal galleries section that it is a place to show off your graphic skill. I didn't realize that graphic skill included posting other people's work under your username.

    Regardless of your opinions towards art theft, whether you think it's flattery or not, I think it's simply the right thing to do to consider my opinions, since I am the one who worked on the piece itself, I am the one who put my heart and soul into the creation. I realize Inuyasha is overdone, and that to you, it might not seem very serious, but to people like me, who study art, and who live and breathe it, a piece of fanwork definately represents a lot of time and energy in the making. It would only be fair for you to consider how hurtful it is to have art stolen, and I do hope you understand where I'm coming from. Thank you for your attention. Best Regards,

    Elizabeth Lee
    Last edited by nimbusthedragon; 01-02-2005 at 11:34 PM. Reason: forgot important point

  17. #17
    Junior Member maridah is an unknown quantity at this point maridah's Avatar
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    As several others have just pointed out, It is not as easy as telling the gallery owners to take work down. They will ignore the requests or pretend they don't know what you are talking about (that is what one did to me)


    This site has been notified of the mess and yet tons of stolen works remain. Artists who have complained still find thier work up.

    Obviously, it took threats of legal action to even get the attention the subject deserves. If this site doesn't change some things, you would be smart to contact a lawyer. Plenty of artists will be even angrier than I, and those will not even bother with a warning or request.

  18. #18
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    We've stated numerous times to send a message to Kaitou Ace or Princess Minako if the member refuses to take down the image. We've stated numerous times that we will take them down if the member fails to do so after being contacted. How can we be expected to take down images that are stolen if nobody has bothered to inform us of the particulars?

    Maridah and nimbusthedragon: send one of the two listed above a private message and include a link to every single image which you have created. Then we may take action against the stolen artwork.

    Please take notice that we have close to 90,000 images on www.animegalleries.net. There is no physical way that we can check every single image to find out if it was created by the user or not. Do you see the whole issue with that? We are performing a service quite like many of the new image hosting services that have come out recently; the only difference is that ours is to show off images, not provide a place for other sites to use. So please take that into consideration.
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  19. #19
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    nimbusthedragon:
    I need a link to the image. It looks like this:
    http://www.animegalleries.net/img/xxxxxx
    Give me that link, and I will remove your image.


    maridah:
    Artists who bring a work to our attention have it removed. This has been done this way for ages now, and your legaleese has had nothing to do with it whatsoever, and no matter how much you pat yourself on the back, our policy has not changed since the start of the site.
    We are the webhosting company, not the infringers.
    Each person who signs up with us, is an individual consumer at the site. It's a free service supported by ads, just like a lot of other webhosting providers out there.
    Artists who do not contact us about their material certanly have no leg to stand on when it comes to suing us. They may when it comes to suing the people who uploaded it. Our responsibility starts when we are contacted with a link to the image, and a request for it to be taken down, and that request has to come from the copyright owner. Otherwise, how do we know, that it is a valid request? There are tens of thousands of images, and hundreds of people signed up. Until a request comes in, for all we know, they may be the artist, or the artists brother/sister/friend etc. You can't just say "I think that these images are here without the permission of the artist" and have us just remove them, without giving some consideration to our users as well.
    And which artist who complained has not had their work removed yet? Every link provided by an artist to one of their images, has had it removed.

  20. #20
    Train of thought En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger has a reputation beyond repute En Svensk Tiger's Avatar
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    Quote Originally Posted by maridah
    As several others have just pointed out, It is not as easy as telling the gallery owners to take work down. They will ignore the requests or pretend they don't know what you are talking about (that is what one did to me)


    This site has been notified of the mess and yet tons of stolen works remain. Artists who have complained still find thier work up.

    Obviously, it took threats of legal action to even get the attention the subject deserves. If this site doesn't change some things, you would be smart to contact a lawyer. Plenty of artists will be even angrier than I, and those will not even bother with a warning or request.
    First if all, sorry for hanging around in this forum in the first place, but this is just too much. When this was posted in misc, I was pretty entertained by it, and here I am to tell the people who don't listen what I think.

    1: You say steal. So if I found a picture I liked on the internet, saved it in an image gallery online (the only reason I would do such a thing is if I actually liked the picture) that would be theft? Maybe in the legal sense, but still. Unless your feelings are hurt, what harm has been done?

    2: We aren't actually talking about The Last Supper of Leonardo Da Vinci. As the examples shows, this is mostly fanart. InuYasha fanart. Get over yourselves. Drawing cheesy anime pictures does not make you an artist. Unless you are really good. Which most are not.

    3: Who are you going to sue? Me? The users who upload? The site?, who hosts, which the admins stated , is not responsible. And sue without asking politely but firmly for removal first? Come on, get a grip.

    Just stop whining. People die every day. People also copy anime fanart every day. Who you gonna call? Ghost Busters?

    ok, I'm out, sorry Andreas, but I couldn't help myself.
    Last edited by Zedekiah; 01-03-2005 at 10:57 AM.

  21. #21
    Junior Member Hakumei is on a distinguished road Hakumei's Avatar
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    I'm going to step down from this thread:

    I'm pretty sure I understand the way things run now -- Kaitou Ace and Princess Minako, you might be hearing from me soon about certain thefts.

    I don't want to argue, I certainly doubt that I'm going to sue or anything that major. However, I will be informing all of the artists about this and the actions that they should take.

    Thanks for actually replying thoroughly to this thread, and I'm out. Good luck to you, maridah and nimbus.

    I just don't want to argue anymore.

  22. #22
    Junior Member Skysenshi is on a distinguished road Skysenshi's Avatar
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    Quote Originally Posted by En Svensk Tiger
    First if all, sorry for hanging around in this forum in the first place, but this is just too much. When this was posted in misc, I was pretty entertained by it, and here I am to tell the people who don't listen what I think.

    1: You say steal. So if I found a picture I liked on the internet, saved it in an image gallery online (the only reason I would do such a thing is if I actually liked the picture) that would be theft? Maybe in the legal sense, but still. Unless your feelings are hurt, what harm has been done?

    2: We aren't actually talking about The Last Supper of Leonardo Da Vinci. As the examples shows, this is mostly fanart. InuYasha fanart. Get over yourselves. Drawing cheesy anime pictures does not make you an artist. Unless you are really good. Which most are not.

    3: Who are you going to sue? Me? The users who upload? The site?, who hosts, which the admins stated , is not responsible. And sue without asking politely but firmly for removal first? Come on, get a grip.

    Just stop whining. People die every day. People also copy anime fanart every day. Who you gonna call? Ghost Busters?

    ok, I'm out, sorry Andreas, but I couldn't help myself.
    1. What harm has been done? You aren't giving credit to the people who worked hard on the pics that were stolen. Some of those people spend hours on their peices and you think harm has not been done.

    2. What You Say!? Tell me I'm not when I work in the industry and still draw fanart. Satoshi Urushihara draws Street Fighter FANART! Yet he is considered one of the greatest hentai artists around. Hell, tell him he's not a pro because he draws fanart

    3. You're damned right that you can be sued. Whether it is fanart or not, the artists still have rights to the ideas/images portrayed in the fanarts stolen. I know several lawyers and they have all told me the same, an artist, whether they draw fanart or original, is still protected by the copyright law. To some extent the host site is at fault for providing the space without properly checking the content. If the image has copyright info on it, then it should not even be allowed to pass. This site seriously needs someone to get an approval system together to avoid this problem all together.

    And I will call the damned Ghost Busters if they could get these people to stop stealing fanartists work!
    Last edited by Zedekiah; 01-04-2005 at 08:20 AM.

  23. #23
    Junior Member maridah is an unknown quantity at this point maridah's Avatar
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    Quote Originally Posted by En Svensk Tiger
    First if all, sorry for hanging around in this forum in the first place, but this is just too much. When this was posted in misc, I was pretty entertained by it, and here I am to tell the people who don't listen what I think.

    1: You say steal. So if I found a picture I liked on the internet, saved it in an image gallery online (the only reason I would do such a thing is if I actually liked the picture) that would be theft? Maybe in the legal sense, but still. Unless your feelings are hurt, what harm has been done?

    2: We aren't actually talking about The Last Supper of Leonardo Da Vinci. As the examples shows, this is mostly fanart. InuYasha fanart. Get over yourselves. Drawing cheesy anime pictures does not make you an artist. Unless you are really good. Which most are not.

    3: Who are you going to sue? Me? The users who upload? The site?, who hosts, which the admins stated , is not responsible. And sue without asking politely but firmly for removal first? Come on, get a grip.

    Just stop whining. People die every day. People also copy anime fanart every day. Who you gonna call? Ghost Busters?

    ok, I'm out, sorry Andreas, but I couldn't help myself.
    Insulting me by saying I am not an artist is the most childish think you could have done. Congrats!

    Yeah. I'm not a real artist! That's why Ive made hundreds selling my work! I use that money to pay bills often.



    Go do some research into copywrite laws before you make any more posts here, dear. You are a big-mouthed know-nothing with no respect for other's work.



    We did ask for things to be removed first. That was the VERY first thing. When things were not taken care of, that is when we went to the forum.



    As for who can be sued, the site and the individuals who opened & posted in such galleries are liable. Despite what 'waver' account creators were asked to 'sign', this site isn't Geocities. They do not give out subdomains like a professional hosting company. The galleries in question are on the actual website, so the owners are liable for the content there in.



    Even places like Geocities remove questionable material because they KNOW that they are held responsible. If they provide the webspace, they are liable.



    As for the art that is still up even after an artist has complained:







    http://www.animegalleries.net/album/search/category/0/img/51

    http://www.animegalleries.net/album/search/category/0/img/49

    http://www.animegalleries.net/album/search/category/0/img/48

    http://www.animegalleries.net/album/search/category/0/img/242

    http://www.animegalleries.net/album/search/category/0/img/253

    http://www.animegalleries.net/album/search/category/0/img/259

    http://www.animegalleries.net/album/search/category/0/img/280



    There is so much more. I have been in contact with each of the artists (whos stuff is above) and I KNOW that they requested the removal of there art.



    So if, as you (mods/admins) all are claiming is true, why is this all STILL UP?



    I know why. You dont care. If you did, the stuff would be gone and the users would be banned.



    There is so much more to say, but I am too busy to keep at this post all the time.

  24. #24
    boopaloop! Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys has a reputation beyond repute Daenerys's Avatar
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    None of those images show up for me, so obviously, they aren't up anymore.

    We are held responsible, that is true, but we asked YOU to contact the person who's gallery it was uploaded on. I didn't really read all the pages of this post, because honestly, I don't have time. But if you did do this, you were told to report to us if they still hadn't removed it after some time.

    All this arguing is pointless. I haven't seen the work in question, or proof that you own the work in question, so there's nothing really more that I can say other than the stuff you're posting about is already gone.
    making emo kids[/URL] cry since 1998


  25. #25
    Goddess (Mom <333) Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako has a reputation beyond repute Princess Minako's Avatar
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    actually we do give out subdomains and do website hosting. Animewebhost? It is a free storage service, and we arn't liable for anything stored in their PERSONAL gallery. I know several lawyers too! ooooohhhhoooOOoohh. I live next to and across the street from some and I hang out at the bar with them, and I did see him yesterday and asked and no we arn't liable becasue we are just a simple hosting company and the waiver which is agreed to when you sign up for an account negates any responsibility.

    If we are contacted in a NICE and POLITE manner, not automatically assuming we are jerks that don't care about anyone, we will do so out of respect. Neither I nor Ace was contacted in such a way. You contacted the gallery owner and then went on a holy war against us threatening frivilous law suits that wouldn't hold up in court. So why do I want to help you when you automatically attack me? Try giving us respect first and we might respond in kind.

    EVERYONE who has contacted us with a link to their picture stating they are the artist and it is fan art has had it removed. Lastly, SIGN YOUR WORK. If you don't want people to take credit for it, put your name on it. Why even animewallpapers.com requires your name on the bottom of the wallpaper that you make. People steal their wallpapers ALL THE TIME, I have yet to see pooky go on a holy rampage, she politely emails the site owner stating that these specific wallpapers are actually made by/for aw.com could you either 1, give credit, or 2, take them down. Wallpapers take as much time and talent as fan art does. I'd say try that tactic, you catch more bees with honey.

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