Copyright Infringement Reports (Review guidelines in post #1 before posting here)

[john.sibley]

Jordan Jacobs: Video Thief

I am here to call out Jordan Jacobs, WX4JMJ, of Columbus, GA, for stealing and reposting my video on Youtube. He thinks he's the greatest thing to chasing since Reed Timmer. He can't forecast his way out of a closet! I know, he's ridden out with me for a "check ride" and missed the storm by 200 miles. FAIL.

He has taken my video of May 6, 2009 and posted it under his account. The video has been off Youtube for months. His response is

This is Duplicate Video from http://www.youtube.com/aniwack for archiving since pilot76103 is in the video.

He does not appear in person, only his voice over the CB because he's too cheap to use a HT! It's not his video therefore he has no right what so ever to "archive" any of my video! He has never asked me to purchase rights to anything that I have filmed. If he does want the 01:29 video, he doesn't get my standard rate. But for you Jordan (because I know you will be on here eventually) it's gonna be hiked up.

Jordan has a special nickname in the southeast and to those who know him. It's The Storm Chasing Pokemon. Every time you see something of his or you are around him, it's little phrase is "Gotta Catch 'Em All!"

The video is at: http://www.youtube.com/watch?v=xU5JIchcL3Y


Jordan, you are no friend of mine.

 

[Jason Foster]

pilot76103.
Thanks for the heads up on that. I was trying to send a message.

ah..Ok..miss understood that in the previous message when you included that.

BTW..just for fun:

WX4JMJ

Jordan M Jacob

186 Bent Tree Drive

Ellerslie, GA 31807

USA

Lookups:   315 Ham Member

Click for less...
QRZ Record:	1636157
Login to manage/edit
Lookups:	315 (55) Mailing Label...
QRZ Admin:	WX4JMJ
Last Update:	2009-12-10 15:25:25
Class:	Technician Codes: HVI
Effective:	2009-05-16
Expires:	2019-05-16
Latitude:	32.633465 (32° 38' 0'' N)
Longitude:	-84.791841 (84° 47' 30'' W)
Grid Square:	EM72op
US State:	Georgia
US County:	Harris
Previous:	KJ4LOH
GMT Offset:	-5 hours
ULS Record:	3103952 FCC page...
QSL by Mail?:	No (e.g. Will this ham QSL by Postal Mail?)
QSL by eQSL?:	No (e.g. Will this ham QSL with eQSL?)
Uses LOTW?:	No (e.g. Does this ham use ARRL's LOTW ?)
Admin For:	(1) WX4JMJ

I'm not saying either way, but figured just checked the call out for fun.

Add:
[Copyright (C) 2009 Fujita Intercept Team (Jordan Jacob & Lyndy Jacob)] on his videos
googled "Fujita Intercept Team" got these:
http://www.severestudios.com/columbus-ga-wall-cloud-april-19-2009?size=preview
http://www.ustream.tv/channel/fujita-intercept-team-f-i-t-weather-now
http://www.americantowns.com/ga/cusseta/videos
http://tweetmeme.com/user/FITStormChasing
http://twitter.com/FITStormChasing
http://www.livestream.com/FITWeatherNow/
http://www.myspace.com/pilot76103

 

[Jason Boggs]

Don't take this the wrong way but I don't see the big deal here. Your not going hungry are you? Your not losing a family member are you? Worse things can happen. Don't let your emotions control you. You need to control your emotions. Drama will not solve the problem.

Matthew, when and if this ever happens to you, you'll understand.

I once had a bank steal a photo from me and put it on their website. I wasn't going hungry, and I didn't lose a family member, but I got $1500 dollars with an out of court settlement. What I did was the right thing to do. Theft is wrong no matter how you look at it.

 

[Brandon Sullivan]

Mod Note

The YouTube infringement report originally posted by user john.sibley has been moved from the Bar & Grill to here in the Copyright Infringement Thread..

You all know the rules. The thread now needs to stay on topic, and civil..

Thanks

 

[Lanny Dean]

The problem is that even if you did buy the photos from Big Stock (or whatever site), their user agreement holds you liable if that photo was illegally uploaded

Short answer, yes this is correct.

Legitimate question - does the copyright owner have the right to not pursue a case such as this? I know you can lose your trademark if you don't protect it... are copyrights any different? Could Lanny basically say "Jeremy took down the guide, this has been corrected"?

He or she most certianly will and do have the right not to pursue if they choose. This decision of course may have many dependents one of which would be the cost. Is it going to be cost affective to follow through? How much total will it cost? What is the gain? In other words am I going to spend $14,000 out of pocket in order to show damages that reflect $9,000??? And just to note, this is exactly what I said in the last PM I sent to Jeremy. This is just getting stupid now.

Also, Lanny originally stated that he would have given Jeremy a free license for the photos if he would have asked... did he limit actual damages by stating that?

Again, short answer is no.

Reading through copyright law...

It seems possible the above might apply... but still, there could be "actual" damages.

What if you can't afford an attorney, as Ryan suggests? Would it be up to Lanny to pursue the case and prove willful infringement (for statutory damages) and the amount of actual damages?

Per me legal, I cannot answer this question.

The only thing I have seen so far that could involve a lawyer is Lanny's attack on Jeremy.
Lanny started this but will not finish it. If the tables were turned can anyone imagine what this thread would look like?

From what I can see, at this time enough has been said for a libel suit.
Accusing someone of being a thief repeatedly with no proof is trouble.

Cry me a ****ing river already. I wonder what you would be doing right now Patrick, had someone stolen your hard work?
Patrick, copyright is a liability offense and as someone may have already mentioned, a very strict one at that. Nothing needs to be proven excluding the act of infringment. The act alone shows guilt. HOW HE RECEIVED OR GOT THE IMAGES AND WHETHER HE THOUGHT HE WAS STEALING OR NOT DOES NOT MATTER although as Ryan has already said, it can go a very very long way in determining damages total or otherwise.

I would just like to say to all those that have been bitching about how far I took this....take a look at the last time I posted on this thread and then bitch at me some more. I have not posted anything on this issue in well over a week! You guys make me sick....you get on here and talk **** and bad mouth about a sutuation that you do not have any idea about to start with.
The whole "I think Lanny has taken this to far" type really pisses me off.
Hey, I have got a great idea....let me steal some of your images and then let's see what you all bitch about then.
Simply put, and as I already informed Jeremy in my last PM to him, a week and a half ago, he took the images down... that, and a public apology is all I wanted. He gave me a half ass apology and as I have already stated he took the pics down. If he puts them back up then its gonna get ugly. End of story or at least it should have been. That's all I am allowed to discuss.

 

[Rich Long]

Simply put, and as I already informed Jeremy in my last PM to him, a week and a half ago, he took the images down... that, and a public apology is all I wanted. He gave me a half ass apology and as I have already stated he took the pics down. If he puts them back up then its gonna get ugly. End of story or at least it should have been. That's all I am allowed to discuss.

IMHO I think the big problem people have is that this should have been done in the first post or PM not the last but hey whatever works for you. I'm glad the situation was resolved to everyones benefit

 

[Larry J. Kosch]

Youtube videos gone!!

I checked the links to the earlier posts on various videos that were supposedly ripped off. And they all have been pulled!! I think Stormtrack is proving its effectiveness as a viable group. Good job!!!

However I need to remind others (like the mods) to keep this thread clear of name-bashing and finger-pointing. Report the copyright violations and let the Stormtrack community take care of it!!

 

[Robert Dewey]

HOW HE RECEIVED OR GOT THE IMAGES AND WHETHER HE THOUGHT HE WAS STEALING OR NOT DOES NOT MATTER although as Ryan has already said, it can go a very very long way in determining damages total or otherwise.

Also something to think about, but buying photos from photo stock companies probably doesn't give you exclusive rights. The copyright owner would still own all rights, and could possibly revoke them at any time depending on how the contract was worded. In other words, Lanny could say "you purchased the photos from Photostock, but I don't like how you're using them, so remove them immediately..." in which case the person using the images would have to comply.

I know that's the case in the music industry with most contracts. You can give someone usage rights to instrumentals, beats, etc.. but you can take those rights away if someone else wants to pay for exclusive rights (which are generally non-revocable in the contract).

Again, it would probably all depend on the contract wording for each individual photo stock company / copyright holder.

Everyone already knows the disclaimers, so I'm not going to repeat it ad nauseum. This is just my own personal experiences in the music industry.

 

[Patrick Boomer]

Cry me a ****ing river already. I wonder what you would be doing right now Patrick, had someone stolen your hard work?
Patrick, copyright is a liability offense and as someone may have already mentioned, a very strick one at that. Nothing needs to be proven excluding the act of infringment. The act alone shows guilt. HOW HE RECEIVED OR GOT THE IMAGES AND WHETHER HE THOUGHT HE WAS STEALING OR NOT DOES NOT MATTER although as Ryan has already said, it can go a very very long way in determining damages total or otherwise.

I would just like to say to all those that have been bitching about how far I took this....take a look at the last time I posted on this thread and then bitch at me some more. I have not posted anything on this issue in well over a week! You guys make me sick....you get on here and talk **** and bad mouth about a sutuation that you do not have any idea about to start with.

I don't need to cry a river, you are doing fine there.
No need to lecture me about copyright Lanny, how bout you just step up and identify the photos in question instead of bullying everybody?


You have called Jeremy a thief in public many times now.
If he had called you a thief with NO PROOF you would be going postal.


You had a chance to take care of this in private, like it should have been taken care of. You started this in a public forum, not even the right forum, but regardless, here we are. You have still not finished this, you just keep hurling insults without ever providing any hint of proof to back your claim.

 

[Chris C Sanner]

I don't need to cry a river, you are doing fine there.
No need to lecture me about copyright Lanny, how bout you just step up and identify the photos in question instead of bullying everybody?


You have called Jeremy a thief in public many times now.
If he had called you a thief with NO PROOF you would be going postal.


You had a chance to take care of this in private, like it should have been taken care of. You started this in a public forum, not even the right forum, but regardless, here we are. You have still not finished this, you just keep hurling insults without ever providing any hint of proof to back your claim.

That's because Lanny is using qualified legal advice and is smartly not discussing it much further it public. I'd say (in my best armchair voice possible) that the anger was directed at the wrong place, since it seems pretty obvious that Jeremy bought stolen photos which someone profited off of without doing any work themselves. If I were in Lanny's shoes I'd be looking into trying to get said persons info, perhaps even working with Jeremy to find out who he bought the images off of BSP and then I'd then be going after that person for sure.

But it's easy to armchair QB when you are outside of the situation and my situation is no different...Lanny can laugh at all of us armchairing this situation to death as he deals with it in an appropriate manner. But I'm pretty peeved about someone profiting off of Lanny's work on BSP, that's what I think the main issue should be for chasers here. That act by whoever it was kind of represents the most intentional form of infringement there is: stealing someone else's work and then making money off of it. I'll be rooting for Lanny if he decides to go after said person.

I also think there's an important lesson to be learned here: check how you are distributing your crap. I'm almost positive Lanny has taken careful steps to protect his stuff....but it's the internet. If your stuff is good enough for people to enjoy, it's good enough for people to steal.

 

[Adam Lucio]

How about this...why not publish material with your own stuff instead of snagging photos from here there and everywhere. If you dont have the shots you need, go get them for yourself.

How hard is it to go outside and take your own picture of a towering cumulus cloud or anything else for that matter? You dont have to be a well qualified chaser or own a fancy camere to walk ouside, see a nice tcu and snap a picture of it.

 

[Jeremy Den Hartog]

How about this...why not publish material with your own stuff instead of snagging photos from here there and everywhere. If you dont have the shots you need, go get them for yourself.

How hard is it to go outside and take your own picture of a towering cumulus cloud or anything else for that matter? You dont have to be a well qualified chaser or own a fancy camere to walk ouside, see a nice tcu and snap a picture of it.

Its easy to say that now...at the time I had no idea the problems that would be caused by going through a stock photography website. Its a case of 'why reinvent the wheel' really...but it came back to bite me in the rear end I guess. Needless to say I will never use a stock photography website ever again.

 

[Brandon Goforth]

Of everyone in this thread who has complained about copyright infringement, I wonder how many of those same people have also obtained music illegally by downloading from the web? Not that anyone would admit to such things, but it would be interesting to know...

http://www.youtube.com/watch?v=ExXUwlJENl8

 

[Robert Dewey]

Of everyone in this thread who has complained about copyright infringement, I wonder how many of those same people have also obtained music illegally by downloading from the web? Not that anyone would admit to such things, but it would be interesting to know...

http://www.youtube.com/watch?v=ExXUwlJENl8

That's a very good point. Consuming copyrighted content on YouTube is the same as ripping it off or using illegally uploaded material from a stock photo company. The artists and everyone involved are getting ripped off, and you did NOT pay for it. That's theft. That's stealing. It's whatever you want to call it except legal. If the video isn't exclusively from the label or artist's YouTube account, it's infringement. Period.

So while most on here probably steal content, it still doesn't diminish the fact that Jeremy may have also inadvertently stole content.

 

[Jeremy Den Hartog]

Personally I think we should all just move on from this. I could have handled things differently/better as could have others. Hopefully lessons have been learned from this unfortunate situation...should be end of story now as far as this particular case goes IMO...