Author Topic: Zman Magazine Chutzpah!!!!!!! (Read 46824 times)

Dan · « **Reply #20 on:** April 12, 2011, 10:54:44 AM »

Quote from: myb821 on April 12, 2011, 10:53:20 AM

the pudding guy?

http://en.wikipedia.org/wiki/David_Phillips_%28entrepreneur%29

Monsey · « **Reply #21 on:** April 12, 2011, 10:58:18 AM »

Just read the article, there wasnt any reason to include that picture because aa lifetime gold isnt what the article was talking about it just gets mentioned as a sidenote

ceejay · « **Reply #22 on:** April 12, 2011, 11:09:54 AM »

That post was the 3rd result on Google for "aadvantage lifetime gold"

Dan · « **Reply #23 on:** April 12, 2011, 11:16:37 AM »

Quote from: josh nyc on April 12, 2011, 10:36:36 AM

Youre in that tricky area of once something is on a public website it's not necessarily an invasion of privacy. I dont know zman magazine at all, but if they are a commercial magazine (either they charge a fee or they have advertising revenue) then they are using a picture that belongs to you for a commercial purpose without permission which is a slam dunk...you probably dont stand to recover much $ anyway in terms of a lawsuit but if you like moral victories...

its a super chutzpa and you should at the very least send a letter asking for an explanation and a retraction

They are a commercial magazine.
What do you recommend as a course of action?

Cholentfresser · « **Reply #24 on:** April 12, 2011, 11:21:40 AM »

any attorneys on DDF?

Chaikel · « **Reply #25 on:** April 12, 2011, 11:29:54 AM »

Quote from: Dan on April 12, 2011, 11:16:37 AM

They are a commercial magazine.
What do you recommend as a course of action?

I think an email is the first step. Who knows, they may just offer you what you want.

deals · « **Reply #26 on:** April 12, 2011, 11:39:08 AM »

wow im shocked

Q274 · « **Reply #27 on:** April 12, 2011, 11:57:48 AM »

Quote from: Cholentfresser on April 12, 2011, 11:21:40 AM

any attorneys on DDF?

hasn't it been pointed out more than once that danielz is either an attorney or in law school?? why not ask him what he thinks

elikay · « **Reply #28 on:** April 12, 2011, 11:59:28 AM »

I'm not sure they did more than a google search, and as mentioned above it came up at the top of the results. They did not necessarily realize who they were starting up with...

I think an Email is in order with a correction/apology etc... to be printed .

Yordai Dooma · « **Reply #29 on:** April 12, 2011, 12:20:12 PM »

Quote from: Y. Dinovitzer on April 12, 2011, 11:57:48 AM

hasn't it been pointed out more than once that danielz is either an attorney or in law school?? why not ask him what he thinks

LOL +1

Paging danielz...

josh nyc · « **Reply #30 on:** April 12, 2011, 12:20:38 PM »

Quote from: Dan on April 12, 2011, 11:16:37 AM

They are a commercial magazine.
What do you recommend as a course of action?

I dont have experience in practice with copyright or privacy law, only courses in law school. Here is an article to get you started in an images and law sense: http://www.nytimes.com/2007/10/01/technology/01link.html and here is a primer in IP law re: images http://www.wipo.int/sme/en/documents/ip_photography.htm (bear in mind this is only for info and not US law).

The fact that they are a commercial entity - it's obvious they are in the wrong here whether on copyright, privacy or both. I would certainly send them an email explaining that they used an image without giving credit and you are contacting an attorney. In the meantime you expect them to retract the photo from any of their magazines...thats if you want to play hardball, in which case I would go and contact an IP attorney with experience in the areas of internet photos and the law. Generally first consults are free.

A more productive approach may be to contact them first and tell them they are using your image without permission and see how they respond...then go from there - sometimes diplomacy is more productive than war

E · « **Reply #31 on:** April 12, 2011, 12:25:58 PM »

You also have to remember they are Jewish and the are halachot, not sure what the halachah is in regard to this but you probably can't sue them.

josh nyc · « **Reply #32 on:** April 12, 2011, 12:31:30 PM »

Quote from: E on April 12, 2011, 12:25:58 PM

You also have to remember they are Jewish and the are halachot, not sure what the halachah is in regard to this but you probably can't sue them.

not true. maybe some will tell you that you cannot sue before trying to work it out outside of the courts, but contrary to a seemingly popular belief - there is no "hey I'm jewish, I'm granted immunity from the US courts!" exception.

And as far as going to beis din is concerned - that is a scam on different levels, which I have zero desire to get into right now...

Cholentfresser · « **Reply #33 on:** April 12, 2011, 12:37:12 PM »

just because you're jewish doesn't give you the right to do whatever you want...

elikay · « **Reply #34 on:** April 12, 2011, 12:40:01 PM »

Having read many of their magazines I can tell you there was definitely no malicious intent. Their articles are mostly, wikipedia/google etc... That said, it does not at all justify stealing etc... and I'm sure they'd be willing to work something out.

Cholentfresser · « **Reply #35 on:** April 12, 2011, 01:04:07 PM »

Quote from: Shimon on April 12, 2011, 12:46:48 PM

God is merciful.

good point. but may i ask, what does that have to do with anything being discussed here??

yid · « **Reply #36 on:** April 12, 2011, 01:07:19 PM »

If nothing else, maybe you can get them to publish a PR article for dansdeals.

Shimon · « **Reply #37 on:** April 12, 2011, 01:22:58 PM »

Quote from: Cholentfresser on April 12, 2011, 01:04:07 PM

good point. but may i ask, what does that have to do with anything being discussed here??

So why make a fuss just because you can. There is nothing to be gained. Even if the courts rules that dan should get $1m it will only be through a means that brings harm to someone else.

josh nyc · « **Reply #38 on:** April 12, 2011, 01:23:32 PM »

Quote from: Shimon on April 12, 2011, 12:46:48 PM

God is merciful. You are not going to accomplish anything by suing them or with this thread. I don't think you are bothered by your name being public since you made not attempt to hide it but if you are we can help you hide your identity.

That is not a reason to not contact them and explain the issue. No one including myself has advocating suing anyone, it is merely an option should they choose to be extremely unresponsive; no one here has any reason to believe that they will not be agreeable to talking.
Also part of the issue - which you are ignoring - is not only that the invasion of privacy, but also the lack of credit. I think (and dan can verify) that there would be no issue, had they just put a little line under the picture : "photo courtesy of Dansdeals.com, the #1 deal site on the web" etc

Shimon · « **Reply #39 on:** April 12, 2011, 01:24:11 PM »

Quote from: yid on April 12, 2011, 01:07:19 PM

If nothing else, maybe you can get them to publish a PR article for dansdeals.

IMHO that is all that should be sought after.