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TylerQuinn says

Thanks for your message Tyler.. I understand the risks, but how does this apply if i’m not a citizen of the US? I see only two options: either they come in my country to open a lawsuit against me, either my country extradites me so that i can go on a lawsuit in the US. Wouldn’t this be a bit too extreme in this case? Anyway..i’m removing the file now :D

I believe if their lawsuit was accepted into a court you would be forced to travel here at your own expense or face contempt, in which case I think they would move to extradite you for not showing up and jail you until the trial. It all depends on what country your in, but Mega proves that no longer matters and if the opposing person has a big enough bank roll they will get you.

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TylerQuinn says


Thanks for your message Tyler.. I understand the risks, but how does this apply if i’m not a citizen of the US? I see only two options: either they come in my country to open a lawsuit against me, either my country extradites me so that i can go on a lawsuit in the US. Wouldn’t this be a bit too extreme in this case? Anyway..i’m removing the file now :D

Ok this is where it gets complex.

I am no expert, but the lawyer that hit us with a cease desist and turn over writ, stated that because our domain ( tis was purely based on an aged domain we owned ) in fact had owned for 11 years and they contacted us when the site they were protecting became prolific, and 11 years after we had registered our domain.

He demanded we remove the domain immediately, and turn the domain over to his client. I will mention the domian ( of his client, because he was a complete tool. That being fark.com )

Anyhoo, he also stated if we refused to hand over the domain, then we must prevent our domain access to countries his client had IP in.

We refused , and were hit with a multi million dollar lawsuit. We still refused on the grounds that we are in Australia, and his client in America, and that constructively creating a legal case based on the increased popularity of his clients site is not dilluted by the fact we own a similar sounding domain.

They would not back down, and embarked on an aggressive campaign to pursue their legal rights.

3 months later, and sleepless nights we backed down, having got legal advise from a lawyer, who stated internet IP is a minefield, and not something we should take lightly, it doesnt operate on the same plane as crimes in a another country ( normal crime ) where extradition applies, moreover if your site / file etc is accessible within the country of origin of protected IP, then you can be hit for damages and legally held accountable.

We didnt want to take the chance.

@revex it does not matter if they had it for 20. I believe the way domains work si if someone owns a trademark or copyright, or even IP to something involving the domain before the domain is purchased, your in trouble. There was a guy on WickedFire a long time ago who claimed to have copyrights to something like 10,000 domains all on park pages. He would wait for people to register the newer TLDs and country TLDs (usually much more expensive) and then threaten them with lawsuits if they did not turn the domain over to him.

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HomeCrafters says

Love all the feedback saying contact Support – Good luck with that! :(

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VF says

Sevenspark is right about intellectual property and our talks on forum. We live under the same risk and positions where Ken Burns exist (in case the request was genuinely from KB).

However, I guess the exact reason why we authors react with witty comments is we never expected the effect title “Ken Burns” as something proprietary – it is actually a shock not just for Ruben but all the authors who came across the effect itself on their projects! ;)

Btw, personally I can see google as part of culprit for not being evolved enough to cause context based popularity. It actually raises insecure feel of branding / words even on harmless usage cases.

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CodingJack says

However, I guess the exact reason why we authors react with witty comments is we never expected the effect title “Ken Burns” as something proprietary – it is actually a shock not just for Ruben but all the authors who came across the effect itself on their projects! ;)

+1 and I agree with some of the things SevenSpark said as well. But if “Ken Burns Effect” isn’t considered a generic term, what has been done to help prevent that? For example, Adobe has made an effort to protect it’s Photoshop brand:

http://www.adobe.com/misc//trade.html#photoshop

But I couldn’t find anything similar for “Ken Burns Effect” anywhere.

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digitalscience says

However, I guess the exact reason why we authors react with witty comments is we never expected the effect title “Ken Burns” as something proprietary..

It only becomes proprietary when you use someone else’s name in your product.. Had he used the same effect, without mention of Ken, then there would be no problem.

Many TV adverts, and many many slide shows on the web have that “Ken Burns effect”.. he can’t possibly own the rights to panning and zooming an image…. I mean new effects pop up all the time, and then it becomes a design trend… for example that new effect everyone seems to be doing where you have a heavy drop shadow on images to make it “appear” that it’s curved and “pops out” on screen. Who ever thought of that first and popped a title on it “Shady Shaderson effect” then he may have rights using that name for the effect, but there is no way he can claim ownership over the idea and sue people.

Panning and zooming an image was most likely a replication by Ken of filmography effects.. to replicate a film feel with a flat image, but I doubt he was really the first to ever think of that idea, most likely just the guy who used it the most, and became well known. So Ken essentially recreated an already established well used effect from film, and applied it to a photo… he must be a fairly arrogant fellow if he slapped a title on it, and is getting upset when others use his “effect”... but I’m pretty sure he’s more upset with just the use of his name.. which makes sense.

Just take the name out.. problem solved… obviously you’d get used using someones name… I mean you wouldn’t call a file “Beyonce style music pack”... maybe the music sounds like Beyonce, but its not an exact copy nor is it Beyonce singing.. it’s just the “style”.. you’re just using the name so users have an idea of what the product is about… BUT the problem is you’re using a well-known established artists to sell a product without consent, that’s the only issue.

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CodingJack says

CodingJack VF said
However, I guess the exact reason why we authors react with witty comments is we never expected the effect title “Ken Burns” as something proprietary..

(correcting for legal liability :D )

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VF says

^ No problem. It happens when someone have to type 4 big paragraphs :D

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digitalscience says


CodingJack VF said
However, I guess the exact reason why we authors react with witty comments is we never expected the effect title “Ken Burns” as something proprietary..
(correcting for legal liability :D )

lol whoops :D

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digitalscience says

^ No problem. It happens when someone have to type 4 big paragraphs :D

Ya I’m gonna type less, never get responses haha… i think you guys just scan my comment and see “digitalscience says…blah blah ..reptilians.. blah blah ..something about eating a pigeon.. blah blah ..OMG 5 paragraphs.. blah blah .. definitely off topic.. blah blah” ....”OK NEXT comment.. oooh someone posted a meme to illustrate their current mood towards a previous comment”

:D

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