Posts by Networksavvy

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Networksavvy says

IE9 here and it’s fine. Strange considering how people say it’s the worst browser around. :D

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Networksavvy says

Seems a bit off to me, not entirely sure what it’s based off. I used to live in Tokyo 1½ years ago, and at that time, I knew maybe 3 people that had iPhones. I highly doubt Apple managed to take over half the market in 1½ years, that just seems absurd. Most people in Japan own AU, Softbank or Docomo phones, which aren’t represented there at all. You could say then fall under “WAP” or “Other”, but I’m 100% sure those phones make up more than 19% of the market. Practically everyone I knew in Japan had a phone from one of those companies. Maybe it’s not from the total amount around, but only sales from February? That would still seem incredibly off to me, but could at least partially be explained by a good month for Apple, and the appearance of new phone lines that use new OS’s.

I completely agree. These figures are completely laughable. Apple CONVINCE you that they have the best market share, the reality is far different however.

In some areas the iPhone is losing points to Android.

http://www.ismashphone.com/2010/08/iphone-vs-android-market-share-its-complicated.html

­The latest market share figures for smartphone operating systems (OS), from Kantar Worldpanel ComTech, show that Android has increased its share of smartphone sales in the UK to 37.4% (up from 8.3% a year ago), while Apple’s iOS has seen its market share reduce to 22% in the same period. The figures have been published today for the 12 weeks ending 20th February 2011.

http://www.cellular-news.com/story/48197.php

http://www.guardian.co.uk/technology/2011/apr/18/smartphone-market-android-win-nokia-rim-lose

The statistics in that picture are a joke.

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Networksavvy says

I think the real issue is that you refer members but only get money if they deposit funds. Which means if they spend $1000 but only pay using paypal directly you don’t get a penny.

Since they offered direct payments instead of depositing it’s basically died out. Maybe that was envatos plan.. to kill reduce the amount of money they have to dish out for referrals but still keep the incentive.

Lets’ face it, I should get X% of the the first item purchased irrespective of whether it done via deposit or just a direct purchase through credit card.

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Networksavvy says

Here’s an idea I’ve been throwing around in my head ( perhaps, some of you can benefit from it for your local area too ? ).

So for example; let’s say I open a website dedicated to customizing Flyers and providing Printing Services to my clients.

If I purchase a Flyer(s) and use them for Preview purposes, that constitutes a Project . . .

Then when a client orders a Design – I would re-purchase the Flyer again – Customize and provide to my client the Printed Pieces which they will distribute free of charge.

Would this be how the License would operate (?) in regards to:

“For example, you may incorporate the Work, such as a graphic, in a brochure you design for your client. An unlimited number of copies of the brochure incorporating the Work may be made but the Work cannot be incorporated in any other application. The brochures must be distributed to recipients at no charge to the recipient.

(i) Notwithstanding the restriction on Resale, if you acquire the Work on behalf of your client you may recoup from your client the cost of acquiring the Work.

From the License page here: http://graphicriver.net/wiki/support/legal-terms/licensing-terms/

I can guarantee that is exactly what a lot of people here are doing, buying as much as they can and then reselling them on to clients. It’s effectively sub-contracting without the development times. Not a new concept but it works. Of course you sort of limit the designs you have by not producing them your self.

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Networksavvy says

I know you’re upset and understandably angry at them but if you can hold fire posting too much in anger here then it would be best – I’m not saying we are offended but you run the risk of actually being liable for damages yourself, eg; the company could sue you for damaging their rep. (For example see “Woman Sued for $50,000 Over a Tweet”). Also run the risk of Envato (again, understandably) stepping in to close and remove this thread for the same reason.

That aside, what you have done so far has delivered the results you wanted: you asked for the work to be removed so it was.

A cold reality is that it may have been a complete mistake by the company to blame whereby they didn’t understand that they used someones work without the proper licence – with no real evidence on either side (regardless of the actual screenshots – this is about simply “knowing”) that they didn’t simply mis-understand then the whole case could be just written off. If you go forward putting money into legal fees just to find out some rookie designer made a mess-up then you will gain nothing and still lose out.

Again, I understand you are angry at them – and so would I be – but you will really struggle to seek damages given the situation. They didn’t damage the rep of you or your business and they didn’t cause you to lose any earnings; claiming on stress and hardship will be difficult if not impossible.

Pace yourself and take time with this – don’t rush and seek proper legal advice from other people of law if possible.

Again, this does not constitute legal advice. I wish you the best of luck.

This +1

he seems to think there’s some merit to my case, though I’ll only know what he thinks when I see him.

He thinks it has merit because he gets paid regardless of the result!. You are going to get battered if you go to court mate. You can’t claim damages on something you were allowing people to freely download from deviant art. You can’t claim for something that you have no proof of other than a screen shot. The first thing the magistrate is going to say is “If it did so much damage and was doing so much damage why wait so long?”

Calm down and move on mate, they have taken it down – end of. Otherwise you are going to court without a leg to stand on (and your solicitor doesn’t care because you are going to pay him up front, just like ones that specialise in speeding cases), and then you are going to come out of court, out of pocket and potentially getting done for ACTUAL Damage to a companies reputation.

You put something on deviant art that is a simple thing to create, has nothing distinguishing about it, made from other peoples files and you allowed it to be downloaded by having that as an option, but you want some magistrate to believe you put so much work into the item and them using it has damaged you in a way that warrants a court appearance?

Take a step back and think about it mate. We are on your side hence why we are trying to stop you making a big mistake.

I didn’t send them a cease & desist letter, I just emailed them, demanding they remove my work from their campaign. They removed it pretty quickly, but that still doesn’t make what they ultimately did, right. What they did was distinctly and unquestionably wrong – and I intend to make them pay me for the use of my work and the annoyance, stress and heart-ache of it all.

So they did what you asked, and now you want to go to court? that’s the first thing the magistrate is going to notice. He is going to look at you and go “Here is someone who is after financial gain only”.

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Networksavvy says




Of course look’s like they’ve completely changed the Skin of their Theme and your ads are gone. So they may have gotten wind of your peril, and high-tailed it out of there.
I told them about my desire that they remove my work from their site in early Dec’ last year, (2010), they did as I asked.
So what exactly are you pursuing if they have already removed your work?

Them having my work on the site is one thing, but to have it on their site for some possible 9 months before I found out, means that the work was being used to help make them money by the ticket sales for which the work was principally being used for, look at the screenshots I provided.

Do not be confused, the work was used for their 2010 campaign/event – it MAY have been used to also promote the 2011 event too, but I am not 100% sure; but a part of me deeply suspects they’d have tried to have got away with it had I not caught them with my work.

Tickets were priced from £70 to £140 and the event held more than 13000 people. Tickets for the 2010 event were, if the 2011 campaign is anything to be believed, starting to sell in late March or early April 2010. I discovered the work on their site in late November 2010. In all that time my work was being used and I never got a penny – how is that right or to be overlooked?

They made money with the help of my work and I rightly want paying for it. I’m going to fight it tooth and nail, hard and dirty if I have to, (legally of course), but dirty if needs be. I’m going to make sure that these f**kers do not get away with it.

They shafted me – now it’s my turn; I’m fighting back. There’s an old saying, words to the effect of:

A man with nothing to lose is a formidable opponent. I have nothing to lose – I have nothing.

Do you know what the guy in court is going to say? he is going to say “you’re background had no effect on their ticket sales”. Best case is they reimburse you based on some research price. Worse (and most probable) result is that you end up substantially out of pocket.

Are you actually going to take a company to court over a background image? and expect to make any money from it? you are going to get done over in court. Can you provide anything other than screen-shots to prove they used it? what made you wait so long to take action? (and that matters).

Just give it up mate, no magistrate is going to go in your favour over a background image that could of been replaced within minutes with another one, that isn’t in use any more, than took you a year to report and that the only proof you have is some screen-shots.

Your solicitor is trying does not have your best interests at heart, you are going to pay him for a “maybe” and that is all he cares about.

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Networksavvy says


Of course look’s like they’ve completely changed the Skin of their Theme and your ads are gone. So they may have gotten wind of your peril, and high-tailed it out of there.
I told them about my desire that they remove my work from their site in early Dec’ last year, (2010), they did as I asked.

So what exactly are you pursuing if they have already removed your work?

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Networksavvy says

I think the difference these days between the two is style and price, and not much else. Windows 7 is easily the best OS Microsoft have ever released. I never power off my laptop, I just close the lid and reopen to a login screen, never had any issues.

I’d get your self a laptop with an i7 in, and then buy your self an SSD and as much ram as you can fit in. This place is biased towards Apple, but lets be honest, at 15 you are considering spending money on a product that won’t provide you with any benefit, when you should be buying what works for you and using the spare cash to enjoy your self.

Buy your self a decent laptop with Windows 7 on, an i7, get an SSD , get some more RAM and then reinstall Windows without all the crap that’s pre-installed by HP, DELL or whoever and you will have a machine that lasts years without issues and you will have cash spare.

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Networksavvy says

Hi guys!

I would appreciate your thoughts and help…

I’m looking to upgrade my computer since my current system is seriously outdated! I don’t have a huge amount to spend however, so I’m looking for the best system that is fairly affordable (which means no Mac).

Of course I want something that can handle extensive graphics, CS4 , etc. since I’m a web and graphic designer. Also need to be able to use the internet and play a game or two. I know the reviews are varied, but I have my eye on the Dell XPS 8300 . What do you guys think?

Thanks!

I’d build it your self, it’s fairly easy to do, more cost effective and you get exactly what you want.

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Networksavvy says

I knew I had seen this stuff before but as the author was not exclusive to this marketplace I thought it was the real person.

You need to send envato a cease and desist letter something like bellow

Dear [name]:

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the “Work”) in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in [date], [and have registered copyright therein]. Your work entitled [name of infringing work] is essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.]

As you neither asked for nor received permission to use the Work as the basis for [name of infringing 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©(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, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you.

Very truly yours,

How do we know this guy is the real one? and not just some one who’s ticked off for whatever reason.

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