Dear Sirs,
You are reading this page because i’ve contacted you about a grievance I have with Ryan Emge, the operator of www.saabhistory.com. This weblog is hosted by your company, Xo Communications, hence my email to you.
The situation is as follows:
On July 16, I published a series of photos of a new model Saab. These photos were sent to me for use exclusively on Trollhattan Saab (www.trollhattansaab.net), which is my primary website that serves around 9,500 page views per day. These photos are original content on this site and as such are copyright material. I have an arrangement in place to pay the provider of the photos for this exclusive use. The provider must remain anonymous as that person’s employment could be in jeapoardy if they were identified.
On August 6th, Ryan Emge, the operator of saabhistory.com published an entry that featured one of these photos. He has digitally altered the image by greying the background and has removed most of my trollhattansaab.net watermark (though not all of it).
The entry is at this address
http://www.saabhistory.com/2008/08/06/the-saab-9-3x-cross-combi-to-debut-this-fall/
I have reproduced a screenshot of the entry, below. Click to enlarge.
Following is a copy of the image he posted in that entry. In the circled section, you can clearly see the remainder of the watermark I put on the photo. His has moved to the left due to use of the clone stamp tool in photoshop transferring some of the image he has tried to clone when altering the image.
Again, click to enlarge.
This image is clearly an altered reproduction of the first image on my original article:
Following my discovery of Ryan using this image, I wrote to him and requested that he remove it. A series of emails ensued, during which I requested four times over a period of 24 hours that he remove the image.
He has steadfastly refused to do so. He offered a compromise where he would remove the image once the article dropped from the front page. I did not accept this. I offered him the use of my original watermarked photo, which he declined.
We are now at an impasse where he is still using an asset from my website without permission and in clear violation of copyright, and against my wishes, which have been clearly expressed to him.
This breach of copyright and refusal to acknowledge my ownership of the asset has occurred on your servers, and it is my hope that you, as his internet hosting company, can make him aware of his obligations under the law. You are hosting this contravention of copyright on your server, which I’m sure is in conflict with your business ethics.
What follows is the email exchange, cut and pasted directly from the last email I received this morning. There were two more emails through the day, however they were sent via webmail and I don’t have ready access to them in this thread. I can reproduce them if required, but basically they contain two more requests for him to remove the picture (for a total of six requests).
Please start from the bottom and scroll up. I trust that you’ll be able to help with this.
——
Convenient for you, to say its the 4th time but, its only your 4th email.
No more threats, and they are threats about stating public stuff like you have done in the past.
You are just not a nice person, so keep to yourself and stop the harassment.
R
Sent from iPhone
–
Ryan Emge
Saab History - Past & Present
http://www.saabhistory.com
Info@saabhistory.com
New England, USA
—
Aug 6, 2008 kl. 5:03 PM Steven Wade
It’s not a threat, it’s the fourth or fifth request.
You can remove it from an iPhone. Stop stalling.
SW
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On 07/08/2008, at 3:02 AM, Ryan Emge wrote:
Message received.
Won’t have internet for a few days, only email.
I will think this threat/option over in my mind.
Ryan
Sent from iPhone
–
Ryan Emge
Saab History - Past & Present
http://www.saabhistory.com
Info@saabhistory.com
New England, USA
—-
Aug 6, 2008 kl. 11:07 AM Steven Wade
Ryan,
On several occasions now, you’ve accused me of being a liar. You’ve done so publicly, and I didn’t see an apology in your post about the closure of SOH.
You giving me “the benefit of the doubt” might make you feel a little better about what you’ve done here, but it doesn’t change a thing. The photo is my property and you’ve altered it and used it without permission. If I were anyone else and I made this request, you’d have taken it down by now. If anyone made that request of me (feel free) I’d take it down.
In the interests of not having to deal with this anymore, I’ll offer a compromise of my own. My only offer. Use the proper image with the watermark intact. Post that image with the link in place as you have now and I’ll raise no more objections. Decline and I’ll take steps to enforce my copyright ownership.
I believe I’ve been quite reasonable about this. I’ve asked you several times, very politely, to observe what is normal netiquette. You’ve responded to that by accusing me, once again, of lying about my ownership of the photos and refusing to take down the image as requested. I’ve not taken it public and I don’t want to. no-one benefits from a public pissing contest. I just want you to honor a genuine request to use my assets in a way that’s acceptable, or cease using them at all.
It’s 1am here and I’m about to head off and get some Z’s. I hope to see the change made in the morning.
SW
—
On 06/08/2008, at 11:51 PM, Saab History wrote:
Swade,
We’ll make a compromise here, once the page goes off the home page and falls away, I’ll remove the photo from the post.
I’ll give you the benefit of the doubt. No problem.
- Ryan
—
Swade99
Ryan,
I am under no obligation to provide such proof, nor to identify the seller of the image who took risks to get it. And if I provided it you’d just extend your disbelief to an invoice being fabricated anyway. How dare you steal something from someone and then require them to prove it was theirs in the first place!
I’m not being an asshole here. I’m asking for my right to copyright over that image be protected. You stle that image, modified it and then published it without permission.
Please remove it.
SW
And by the way, you know it’s my photo by virtue of the fact that if it’s appeared anywhere, it’s got the TS watermark on it. The watermark you’ve tried to mask in your modification of the photo.
Look. I’ve asked several times and very politely…..
Please remove the image.
SW
——— Original Message ——–
From: info@saabhistory.com
To: “Swade99″
Subject: Re: photo
Date: 06/08/2008 17:12
Swade,
I’d like to honor your request, but how do I know it’s your photo?
I’ll need for you to provide some documentation of said transaction between TS & Anonymous party to furnish Saab History proof.
As soon I receive this requested information, I will honor your request.
- Ryan
—
Swade99
The photo was provided to me exclusively, in exchange for payment. I’ve purchased it and thereby purchased the right to reproduce it or distribute it as I please.
You’ve taken it, modified it and posted it without permission. Please remove it.
SW
——— Original Message ——–
From: info@saabhistory.com
To: “Swade99″
Subject: Re: photo
Date: 06/08/2008 17:01
Swade,
I am not ignoring you, I credited the photo.
Why do I need to remove it, it’s a good photo, and a nice good link to your site.
I think people should know about it, so what harm did I do? Did you take it? Why don’t I get permission from the individual that actually took it?
See, I don’t see any point in a debate here because I didn’t do anything dishonest given that you did not take the photo, etc.
- Ryan
—
Swade99
So you’re going to ignore my request?
This isn’t about what other sites may or may not have done, it’s about what you’ve done. I’ve asked you to remove a TS-exclusive photo and you’re response is to spit in my face?
——— Original Message ——–
From: info@saabhistory.com
To: “Swade99″
Subject: Re: photo
Date: 06/08/2008 16:27
Swade,
Normally, I don’t answer such posts, but I will.
I have credited your website for the photo, enough said.
That’s better than other blogs out there have done.
- Ryan
—
Swade99
Ryan,
You didn’t seek, much less receive, permission to use a TS exclusive photo (the XWD 9-3 SportCombi). That photo was supplied to me by someone who took a great risk to get it. Not only have you taken that photo, you’ve decided it’s OK to modify it.
It’s not.
Please remove it from your post. I can only imagine how happy you’d be if I were to pull the same stunt.
Thanks
SW
