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Thread: Netobjects Fusion Copyright Infringement warning !!

  1. #1
    Andrew Johnson
    Guest

    Default Netobjects Fusion Copyright Infringement warning !!

    I have been an avid user of Netobjects Fusion for a number of years, however
    it appears some of their templates will leave you open to legal action.
    One of the site templates that Netobjects has supplied that I use contains 4
    copyrighted images and I am now being persued for damages running into many
    thousands.

    My advice is stop using the product, take down any templated sites until you
    have established your legal position with the supplied graphics.

    Netobjects have failed to respond to any of my support questions, and emails
    sent to their legal team.

    Read your license carefully, para 3 gives you non-exclusive right to use the
    "content", but later on in the agreement, they specifically exclude
    copyright infringement from their liability & warranty.

    My company cannot afford this legal action, and so Netobjects will be
    responsible for my company filing for bancrupcy.

    -Andy-



  2. #2
    Garret Mott
    Guest

    Default Re: Netobjects Fusion Copyright Infringement warning !!

    Hi Andrew -

    I'm sorry to hear your in such a pickle.

    I have a few questions/thoughts:

    Which template? Which images in the template? It would sure help the rest
    of us to know.

    Next, while I am not an attorney (particularly in the UK!), most of the time
    a company will not pursue a suit if you, immediately upon receiving notice,
    remove the copyrighted images. I'd also add that I'd think a judge would
    toss the suit out if he heard 1) how you came by the images & 2) how you
    immediately removed them.

    Here in the states, a friend had a similar situation (used images supplied
    by a vendor that were copyrighted by someone else) - removed them
    immediately upon receiving notice, apologized (in writing) & the company
    dropped the suit.

    Good luck -

    Garret


    "Andrew Johnson" <andrew.johnson@sappsys.co.uk> wrote in message
    news:gh0kjp$kmo5@flsun90netnews01.netobjects.com.. .
    >I have been an avid user of Netobjects Fusion for a number of years,
    >however it appears some of their templates will leave you open to legal
    >action.
    > One of the site templates that Netobjects has supplied that I use contains
    > 4 copyrighted images and I am now being persued for damages running into
    > many thousands.
    >
    > My advice is stop using the product, take down any templated sites until
    > you have established your legal position with the supplied graphics.
    >
    > Netobjects have failed to respond to any of my support questions, and
    > emails sent to their legal team.
    >
    > Read your license carefully, para 3 gives you non-exclusive right to use
    > the "content", but later on in the agreement, they specifically exclude
    > copyright infringement from their liability & warranty.
    >
    > My company cannot afford this legal action, and so Netobjects will be
    > responsible for my company filing for bancrupcy.
    >
    > -Andy-
    >
    >



  3. #3
    Andrew Johnson
    Guest

    Default Re: Netobjects Fusion Copyright Infringement warning !!

    It was specifically a template called "Intermutual Blue", which came with
    Fusion 9, and was imported into Fusion 10 when I upgraded.

    The image is the site banner, a grey collage of 4 images. Each image is
    copyrighted courtesy of Getty Images, and is sitting at £1000 per image plus
    taxes.

    In copyright law, there is no such thing as "innocent copyright
    infringement" other than to possibly reduce potential damages, you are still
    ultimately responsible for having infringed.

    In the FAQ's that Getty send out with their demand, removal is not
    sufficient, and they say "Thanks for taking down the image, we appreciate
    that, but you still owe us the money"

    -Andy-

    "Garret Mott" <garret_at_automatesoftware_dot_com> wrote in message
    news:gh0mbb$kmo7@flsun90netnews01.netobjects.com.. .
    > Hi Andrew -
    >
    > I'm sorry to hear your in such a pickle.
    >
    > I have a few questions/thoughts:
    >
    > Which template? Which images in the template? It would sure help the
    > rest of us to know.
    >
    > Next, while I am not an attorney (particularly in the UK!), most of the
    > time a company will not pursue a suit if you, immediately upon receiving
    > notice, remove the copyrighted images. I'd also add that I'd think a
    > judge would toss the suit out if he heard 1) how you came by the images &
    > 2) how you immediately removed them.
    >
    > Here in the states, a friend had a similar situation (used images supplied
    > by a vendor that were copyrighted by someone else) - removed them
    > immediately upon receiving notice, apologized (in writing) & the company
    > dropped the suit.
    >
    > Good luck -
    >
    > Garret
    >
    >
    > "Andrew Johnson" <andrew.johnson@sappsys.co.uk> wrote in message
    > news:gh0kjp$kmo5@flsun90netnews01.netobjects.com.. .
    >>I have been an avid user of Netobjects Fusion for a number of years,
    >>however it appears some of their templates will leave you open to legal
    >>action.
    >> One of the site templates that Netobjects has supplied that I use
    >> contains 4 copyrighted images and I am now being persued for damages
    >> running into many thousands.
    >>
    >> My advice is stop using the product, take down any templated sites until
    >> you have established your legal position with the supplied graphics.
    >>
    >> Netobjects have failed to respond to any of my support questions, and
    >> emails sent to their legal team.
    >>
    >> Read your license carefully, para 3 gives you non-exclusive right to use
    >> the "content", but later on in the agreement, they specifically exclude
    >> copyright infringement from their liability & warranty.
    >>
    >> My company cannot afford this legal action, and so Netobjects will be
    >> responsible for my company filing for bancrupcy.
    >>
    >> -Andy-
    >>
    >>

    >




  4. #4
    Andrew Johnson
    Guest

    Default Re: Netobjects Fusion Copyright Infringement warning !!

    For anybody facing this...

    Web.com Group, Inc. has strict standards when it comes to image usage and we
    understand the importance of copyright enforcement. During the past few
    years, several purchasers of our NetObjects Fusion software have received
    demand letters from Getty Images related to images contained within the
    software. The letter basically states that the customer is using an
    exclusive image of Getty without the appropriate license from Getty. All of
    the images were obtained by Web.com with licenses from the image holders.
    Web.com has worked with Getty (and continues to work with Getty) to verify
    that any image in question is appropriately licensed or to remove offending
    material. Anyone that receives a demand letter from Getty should forward a
    copy to gettyclaim@web.com.



    -Andy-



    "Andrew Johnson" <andrew.johnson@sappsys.co.uk> wrote in message
    news:gh0kjp$kmo5@flsun90netnews01.netobjects.com.. .
    >I have been an avid user of Netobjects Fusion for a number of years,
    >however it appears some of their templates will leave you open to legal
    >action.
    > One of the site templates that Netobjects has supplied that I use contains
    > 4 copyrighted images and I am now being persued for damages running into
    > many thousands.
    >
    > My advice is stop using the product, take down any templated sites until
    > you have established your legal position with the supplied graphics.
    >
    > Netobjects have failed to respond to any of my support questions, and
    > emails sent to their legal team.
    >
    > Read your license carefully, para 3 gives you non-exclusive right to use
    > the "content", but later on in the agreement, they specifically exclude
    > copyright infringement from their liability & warranty.
    >
    > My company cannot afford this legal action, and so Netobjects will be
    > responsible for my company filing for bancrupcy.
    >
    > -Andy-
    >
    >




  5. #5
    Boris
    Guest

    Default Re: Netobjects Fusion Copyright Infringement warning !!

    How they found you is amazing, since they would have to search millions of
    sites. What probably gave you away is that you have the "generated by" tag
    and possibly the original name of the banner pic. It was the banner pic
    that they complained about, correct? If so, then Getty has time on their
    hands. That image is OK but nothing to rave about. Also how do they know
    it is not licensed? They are in the business of selling images and to keep
    track of every image? Are you sure that the communication was legit, not a
    phishion? Also selling to web.com and then going after their clients??

    I would do what you did and just pull it off and replace with another one.
    We constantly buy images from various stock photo sites and have yet to
    encounter this situation. Hang in there and ignore them. They are probably
    on a "fishing expedition", which is standard stuff in a copyright claim.

    Cheers

    "Andrew Johnson" <andrew.johnson@sappsys.co.uk> wrote in message
    news:gh0kjp$kmo5@flsun90netnews01.netobjects.com.. .
    >I have been an avid user of Netobjects Fusion for a number of years,
    >however it appears some of their templates will leave you open to legal
    >action.
    > One of the site templates that Netobjects has supplied that I use contains
    > 4 copyrighted images and I am now being persued for damages running into
    > many thousands.
    >
    > My advice is stop using the product, take down any templated sites until
    > you have established your legal position with the supplied graphics.
    >
    > Netobjects have failed to respond to any of my support questions, and
    > emails sent to their legal team.
    >
    > Read your license carefully, para 3 gives you non-exclusive right to use
    > the "content", but later on in the agreement, they specifically exclude
    > copyright infringement from their liability & warranty.
    >
    > My company cannot afford this legal action, and so Netobjects will be
    > responsible for my company filing for bancrupcy.
    >
    > -Andy-
    >
    >




  6. #6
    Andrew Johnson
    Guest

    Default Re: Netobjects Fusion Copyright Infringement warning !!

    They do have time (and technology) on their hands and are doing exactly
    that, looking for standard images / fingerprints and they are getting money
    out of people. They presented me with the details of the 4 images in full
    and it's right.
    There are cases of debt collectors getting involved, so ignoring is not a
    good idea.. but it's not a good idea to give in either, so provide all your
    evidence of ownership and see what happens

    -Andy-

    "Boris" <bulcar@ulteksystems.com> wrote in message
    news:gh3oi2$2ur2@flsun90netnews01.netobjects.com.. .
    > How they found you is amazing, since they would have to search millions of
    > sites. What probably gave you away is that you have the "generated by"
    > tag and possibly the original name of the banner pic. It was the banner
    > pic that they complained about, correct? If so, then Getty has time on
    > their hands. That image is OK but nothing to rave about. Also how do
    > they know it is not licensed? They are in the business of selling images
    > and to keep track of every image? Are you sure that the communication was
    > legit, not a phishion? Also selling to web.com and then going after
    > their clients??
    >
    > I would do what you did and just pull it off and replace with another one.
    > We constantly buy images from various stock photo sites and have yet to
    > encounter this situation. Hang in there and ignore them. They are
    > probably on a "fishing expedition", which is standard stuff in a copyright
    > claim.
    >
    > Cheers
    >
    > "Andrew Johnson" <andrew.johnson@sappsys.co.uk> wrote in message
    > news:gh0kjp$kmo5@flsun90netnews01.netobjects.com.. .
    >>I have been an avid user of Netobjects Fusion for a number of years,
    >>however it appears some of their templates will leave you open to legal
    >>action.
    >> One of the site templates that Netobjects has supplied that I use
    >> contains 4 copyrighted images and I am now being persued for damages
    >> running into many thousands.
    >>
    >> My advice is stop using the product, take down any templated sites until
    >> you have established your legal position with the supplied graphics.
    >>
    >> Netobjects have failed to respond to any of my support questions, and
    >> emails sent to their legal team.
    >>
    >> Read your license carefully, para 3 gives you non-exclusive right to use
    >> the "content", but later on in the agreement, they specifically exclude
    >> copyright infringement from their liability & warranty.
    >>
    >> My company cannot afford this legal action, and so Netobjects will be
    >> responsible for my company filing for bancrupcy.
    >>
    >> -Andy-
    >>
    >>

    >
    >




  7. #7
    Junior Member
    Join Date
    Jun 2010
    Posts
    1

    Default Same thing happened to us.

    We're NetBasix. We took several sites offline while we redesign.

    Meanwhile, Getty at first said they didn't care how we got the pics and that we took them down, they'll be expecting money. Lots of it.

    They backed off after a while and now say the investigation is continuing.

  8. #8
    Administrator Adam's Avatar
    Join Date
    Jan 2010
    Location
    Pennsylvania
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    357

    Default

    Quote Originally Posted by gburnore View Post
    We're NetBasix. We took several sites offline while we redesign.

    Meanwhile, Getty at first said they didn't care how we got the pics and that we took them down, they'll be expecting money. Lots of it.

    They backed off after a while and now say the investigation is continuing.
    On 10 October 2001, Website Pros, Inc. acquired substantially all of the assets of NetObjects, Inc. and continued to develop and market the award-winning website design software, NetObjects Fusion.

    Effective 29 May 2009, NetObjects Inc., a newly formed corporation, acquired substantially all of the assets of the software business of Web.com (formerly Website Pros, Inc.) and is operating as an independent software company.

    We are aware that several purchasers of NetObjects Fusion have received demand letters from stock photography companies related to images contained in the software or templates. Web.com has strict standards when it comes to image usage and all of the images included within NetObjects Fusion or the Templates were obtained with licenses from the image holders. Web.com has worked with (and continues to work with) the stock photography companies to verify that any image in question is appropriately licensed or to remove any offending material if necessary. In an abundance of caution, Web.com released software updates for each version of NetObjects Fusion and rebuilt certain templates to replace any images in question.

    Web.com will respond, on a case by case basis, when customers identify a claim of infringement and will attempt to resolve any outstanding infringement claim. If anyone receives a demand letter claiming infringement of the rights of an image holder, they should send an email to eurosupport@netobjects.com. The message should contain the customer's contact information, the version of Fusion and a copy of the demand letter identifying the image(s) in question. NetObjects will refer the inquiry to the Web.com legal department.
    Adam
    NetObjects Technical Support

  9. #9
    Junior Member
    Join Date
    Oct 2010
    Posts
    1

    Default Has anything come of this?

    I just received my "settlement demand" from Getty yesterday for using the Intermutual banner on one of my Websites. So far, all I have done is remove the banner from my site and notify my attorney.

    I'm curious to know if Getty has aggressively been pursuing this issue or if the matter is being dropped after the photos are removed.

    Anybody have an update on this?

    Thanks,

    Charlie Essmeier

  10. #10
    Administrator Adam's Avatar
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    357

    Default

    Quote Originally Posted by essmeier View Post
    I just received my "settlement demand" from Getty yesterday for using the Intermutual banner on one of my Websites. So far, all I have done is remove the banner from my site and notify my attorney.

    I'm curious to know if Getty has aggressively been pursuing this issue or if the matter is being dropped after the photos are removed.

    Anybody have an update on this?

    Thanks,

    Charlie Essmeier
    Hi Charlie,

    I have replied to your case in our email system. Please respond to me via the case.
    Adam
    NetObjects Technical Support

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