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What the ???!!!

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Old Mar 21, 2008 | 09:22 PM
  #1  
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What the ???!!!

Guys - was just googling looking to see if I could find those side skirts to completement my front RLM bumper and SURPRISE!!!!!!!! This guy http://www.andysautosport.com/nissan/2004_9999_maxima/ is using a pic of my whip on their website w/o my permission!! WTF!!!?? Shouldn't I be getting some sort of royalties? Monday I am calling one those famous attorneys and suing his A$$..... and I will take my case all the way to the Supreme Court if I have to

Last edited by larsim; Mar 22, 2008 at 12:48 PM.
Old Mar 21, 2008 | 09:31 PM
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yo that's soooo f'ed up!!! i would give a lawyer a call seriously!!!
Old Mar 21, 2008 | 09:38 PM
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He's going to counter lawsuit for not selling anything.

J/K
Old Mar 21, 2008 | 09:41 PM
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Originally Posted by SmokinMaxSE
He's going to counter lawsuit for not selling anything.

J/K
LOL It's not like he's got many products to sell anyways
Old Mar 21, 2008 | 09:47 PM
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haha thats funny
Old Mar 21, 2008 | 09:50 PM
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You should be honored.
Old Mar 21, 2008 | 10:02 PM
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LoL larsim, what springs are you using on your max?
Old Mar 21, 2008 | 10:07 PM
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Um . . what are ur damages??
Old Mar 22, 2008 | 12:47 AM
  #9  
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did you have the pictures copy protected or did you mention any disclaimers about not using your pictures without permission?

1. hes not selling your car
2. hes not selling any parts off your car

All a lawyer will do is write or call the owner of that website and ask him/her to remove that picture of your car.

Then the lawyer will charge you an arm and 2 fingers for lawyer fees.
Old Mar 22, 2008 | 12:51 AM
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Me = semi drunk,
Old Mar 22, 2008 | 12:53 AM
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yes it sucks...but he isnt breaking any law. he is using a picture that isnt protected that YOU decided to put on the internet. he is breaking "man law" by not asking permission...but he isnt breaking a US law
Old Mar 22, 2008 | 01:00 AM
  #12  
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my 4th gen was totalled back in 03... people are still using pics of it on ebay and other sites...


like soonerfan said..... no laws broke...
Old Mar 22, 2008 | 01:06 AM
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damn dude that is shady, but at the same time it is a complement. but yeah i would be a little upset as well
Old Mar 22, 2008 | 01:19 AM
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damn are you going to be my twin down here in SFLA ? same wheels same front ?
Old Mar 22, 2008 | 05:39 AM
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Why not turn it around and ask him to give you a discount on some mods etc?
Old Mar 22, 2008 | 07:57 AM
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Originally Posted by Apollos2
Why not turn it around and ask him to give you a discount on some mods etc?


Old Mar 22, 2008 | 10:30 AM
  #17  
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I've had it done three times on ebaY.

I took it as a compliment...

Im sure they'd remove it if you asked.

You should call and ask them a bunch of questions about "that Max" and see what they say. Don't say it's yours at first.
Old Mar 22, 2008 | 10:34 AM
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This is why I always make sure to have a dog in the process of laying a log in front of all of my pictures...
Old Mar 22, 2008 | 11:52 AM
  #19  
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I've seen my car on some site before as well. At first you are like WTF but it's actually pretty cool. I've asked those companies to hook me up with a discount or something and they usually do...
Old Mar 22, 2008 | 12:30 PM
  #20  
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Originally Posted by athlon omega
LoL larsim, what springs are you using on your max?
Eibachs buddy.
Old Mar 22, 2008 | 12:39 PM
  #21  
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Originally Posted by DeusExMaxima
Um . . what are ur damages??

Well - as one can imagine this event has caused tremendous pain and agony for me and my family. I feel that the bond and trust between the world wide web and me has been broken beyond repair. I no longer feel any pleasure logging into this forum nor surfing the "NET". I am seeing a physicologyst on Monday for what seems to be permanent/irreversible emotional distress due to this unimaginable and uncalled for event.


Old Mar 22, 2008 | 12:43 PM
  #22  
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Originally Posted by NiZMo1o1
damn are you going to be my twin down here in SFLA ? same wheels same front ?
Ahhh - damm!!!
Dude - one of us is going to have to move out of FL. Let's flip a coin!
Have you seen this?: http://www.dodgeintrepid.net/
You must have installed the RLM bumper recently right? Cause I remember seeing a pic of your car a couple of months back with the stock bumper.
Did you install anything else? Got more pics?
Old Mar 22, 2008 | 12:48 PM
  #23  
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Originally Posted by Apollos2
Why not turn it around and ask him to give you a discount on some mods etc?
Originally Posted by gonefishin76
Since they don't have a good variety of Maxima parts right now, I am going to wait for them to stock up on some new parts
Old Mar 22, 2008 | 12:50 PM
  #24  
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Every car on his site is from the Forum:

2Legal4Me's 3rd gen:


Not Sure Who's car this was, or the 5th gen... But I know I've seen them...




Haha, I would be flattered.
Old Mar 22, 2008 | 12:51 PM
  #25  
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Originally Posted by KCmaxx
I've had it done three times on ebaY.

I took it as a compliment...

Im sure they'd remove it if you asked.

You should call and ask them a bunch of questions about "that Max" and see what they say. Don't say it's yours at first.
Originally Posted by Hilbe
This is why I always make sure to have a dog in the process of laying a log in front of all of my pictures...
I know guys - I am kidding. Of course one should feel good when someone uses your car on their website, BUT he/she should still have asked for permission though
Old Mar 22, 2008 | 12:54 PM
  #26  
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Originally Posted by Pearl93VE
Every car on his site is from the Forum:

2Legal4Me's 3rd gen:


Not Sure Who's car this was, or the 5th gen... But I know I've seen them...




Haha, I would be flattered.
So you know what that means!!!!!!!!!!!!!!!!!
CLASS ACTION LAWSUIT
Deus - you are an attorney aren't you? Wanna help us on this massive case of breach of privacy?
Old Mar 22, 2008 | 01:00 PM
  #27  
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Think the 4th gen is Flava_24/7.... Haha, he was in the maxima calendar.
Old Mar 22, 2008 | 01:45 PM
  #28  
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Originally Posted by larsim
Ahhh - damm!!!
Dude - one of us is going to have to move out of FL. Let's flip a coin!
Have you seen this?: http://www.dodgeintrepid.net/
You must have installed the RLM bumper recently right? Cause I remember seeing a pic of your car a couple of months back with the stock bumper.
Did you install anything else? Got more pics?

oh hellz nawzz that Ni" stole my wheelz !
Old Mar 22, 2008 | 02:44 PM
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Originally Posted by Pearl93VE
Think the 4th gen is Flava_24/7.... Haha, he was in the maxima calendar.
Yes it is.
Old Mar 22, 2008 | 03:37 PM
  #30  
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Originally Posted by larsim
So you know what that means!!!!!!!!!!!!!!!!!
CLASS ACTION LAWSUIT
Deus - you are an attorney aren't you? Wanna help us on this massive case of breach of privacy?
Any what would you get exactly out of a class action, only the car taken off the site?
Old Mar 22, 2008 | 04:30 PM
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Originally Posted by soonerfan
yes it sucks...but he isnt breaking any law. he is using a picture that isnt protected that YOU decided to put on the internet. he is breaking "man law" by not asking permission...but he isnt breaking a US law
he is committing a tort only if you are in extreme emotional distress over his use of it, or that picture represents a company that you own(so he would there fore be taking your business). and there are prob some others.

Not only would you have to prove the emotional distress to a judge or if you/he requested a jury you would have to prove it to a judge.
Old Mar 22, 2008 | 05:06 PM
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Someone used a pic of my car on ebay before.
Old Mar 22, 2008 | 05:54 PM
  #33  
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^ Infact I think its still up
Old Mar 22, 2008 | 06:00 PM
  #34  
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Originally Posted by 00MaximaGXE
^ Infact I think its still up
Old Mar 22, 2008 | 06:26 PM
  #35  
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Originally Posted by hot_wax_tree
he is committing a tort only if you are in extreme emotional distress over his use of it, or that picture represents a company that you own(so he would there fore be taking your business). and there are prob some others.

Not only would you have to prove the emotional distress to a judge or if you/he requested a jury you would have to prove it to a judge.
of course this is all a joke, but I thought there had to be actual physical impact to recover damages for emotional distress, or you had to see a family member put in serious danger to recover, anyways, good luck with getting a discount and an apology
Old Mar 25, 2008 | 05:09 PM
  #36  
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What the .....

Originally Posted by larsim
Guys - was just googling looking to see if I could find those side skirts to completement my front RLM bumper and SURPRISE!!!!!!!! This guy http://www.andysautosport.com/nissan/2004_9999_maxima/ is using a pic of my whip on their website w/o my permission!! WTF!!!?? Shouldn't I be getting some sort of royalties? Monday I am calling one those famous attorneys and suing his A$$..... and I will take my case all the way to the Supreme Court if I have to
Cant this be the same as if a sports figure's picture is used with out there permission or what they say at the end of a movie or TV show....It is somebodys property....
Old Mar 26, 2008 | 05:06 PM
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Originally Posted by ams165
Cant this be the same as if a sports figure's picture is used with out there permission or what they say at the end of a movie or TV show....It is somebodys property....
You're talking about the right of publicity. But I believe that there are usually no damages awarded in these cases unless there is something like lost business or lost potential business, or lost value to your name which you essentially sell by doing endorsements, etc. So if it is just your picture of your car than sure it's your property, but what are your monetary damages? I think the most you could get in court would be an injunction against the person telling them they can't use your picture. But you probably wouldn't get any money so it would be really expensive for nothing.
Old Mar 26, 2008 | 07:09 PM
  #38  
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All content included on this site, such as text, graphics, logos, button icons, and images, is the property of AndysAutoSport.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of AndysAutoSport.com and protected by U.S. and international copyright laws.

orly ? its not his its yours
Old Mar 26, 2008 | 07:57 PM
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Originally Posted by SoonerFan
yes it sucks...but he isnt breaking any law. he is using a picture that isnt protected that YOU decided to put on the internet. he is breaking "man law" by not asking permission...but he isnt breaking a US law
Number 1 out of "10 Big Myths About Copyright Explained"

1) "If it doesn't have a copyright notice, it's not copyrighted."
This was true in the past, but today almost all major nations follow the Berne copyright convention. For example, in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. The default you should assume for other people's works is that they are copyrighted and may not be copied unless you know otherwise. There are some old works that lost protection without notice, but frankly you should not risk it unless you know for sure.

as far as i know, any pictures you take are copyright protected.
you cannot legally use it, but as many others have stated,
there really aren't any damages done...
Old Mar 27, 2008 | 06:38 AM
  #40  
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Ask for discounts. He's going to use somebody's max. If he's using yours, ask him to sponsor you with discounts on some parts.



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