Is it legal? What would you do?

Discussion in 'CB Radio Forum' started by rabbiporkchop, May 23, 2017.

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  1. bored silly

    bored silly Road Train Member

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    He has no copy rights to his image.. A dork in a TUXEDO BIG DEAL WE HAVE ALL SEEN A FEW OF THOSE IN OUR LIFETIME
     
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  3. G13Tomcat

    G13Tomcat Road Train Member

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    Is the clown head his image, or the one that looks like Trump and GWB intertwined, btw? ;)
     
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  4. bored silly

    bored silly Road Train Member

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    I THINK BOTH
     
  5. bored silly

    bored silly Road Train Member

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    He can't figure out the bottom part written there.... TOO FUNNY
     
  6. davew48

    davew48 Light Load Member

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    Too bad you are getting only one side here
    Scot J has been harassing me for a long time because I asked mark S one Sunday morning a quick question about wiring a microphone, mark got all pissy with me and told me no questions. Now I had just spent hundreds of dollars with Mark one for an alignment on a Lincoln and then for a new Stryker 955 plus alignment.

    After marks answer I decided not to deal with Mark anymore, Scot the poster here was in the background hounding me and sending me part numbers for microphone parts because he was to broke to buy any and wanted to experiment with building his own microphone.
    ( I have all the back and forth Facebook messages)
    I bought over 20$ worth of parts and a electrvouce microphone off of eBay and gave them to Scot
    He got the parts then mr I know everything could not solder the elements they were to tiny for him
    Soon after I ordered a new Lincoln ll plus radio and sent it to mikes radio repair
    This sent Scot over the edge he called my phone at 2 am and started his ####.
    I can't run a radio right I went to another tech that knows nothing.
    I told him I was happy with the new alignment Mike did. But Scot said I got a cool idea send marks Lincoln radio down to mikes radio repair so he can learn.
    Stating that mikes radio repair was junk
    Well mikes alignment and audio section redo sounds good to me I can also run any microphone on that rig versus not even being able to run my heil microphone on the one mark Sherman did as it was tuned for one microphone?
    So I guess maybe Mark needs to learn something?

    This harassment kept up for at least a week I have all the text messages and call times
    Then he started recording my conversations and sending them to me more harassment because I got a radio done at another shop.

    I finally blocked Scot on Facebook, my phone, and messenger, he then went and took my image off of Facebook and modified it and started recording me again and making videos.
    I am not the ###### here I simply bought a radio and sent it to another tech and this is the result.
    He has no life and lied in his first post.

    He works NIGHTS for a produce company, then instead of being home he drives his junk vehicle to a Alden mountain and records us talking. Then makes these videos.

    You all can call it what you wish but this person has been bashing me and telling me and how to run a radio since day one. It has gotten past the getting old part it was and is a daily routine and he needs mental help.

    Instead of spending family time and trying to fix his relationship he is our stalking and recording us locals on channel 17.

    He played a game the other day he goes on19 and pretends he needs radio work then if he gets a shops information he starts ####

    I can have my friend mine sign up here and post his experience with Scot as well
    The attached image was sent to me yesterday I never went to that shop my friend Mike got a Stryker there now Scot wasted his time of day making again an image totally irrelevant to me I never dealt with this shop.

    Scot is making these videos because after over a year of his condescending remarks and attitude I went to another radio tech.

    Read all his posts here guys one simple theme
    If you don't play scots game and deal only with Mark Sherman this is where you end up.

    The videos he wastes his life making are only 1% of the ######## he is and has put me through.

    I do have 90% more evidence as there is always 2 sides to the story.

    He is outright slandering me harassing me and yes I have a lot more information given to my attorney. They said anytime I wish to it can be moved forward.
    I have messages phone times dates and emails
    He was told to take down my picture he took off of Facebook and modified he to this day refuses.

    O he also never did anything with the over 20$ of microphone parts I handed him because the parts were too small for him to solder I found mr cb expert to lack even basic soldering skills pretty funny when he called me.

    You all can bash me, make fun of me, call me names but this has been slowly building with his mental issues for almost a year.

    I am glad I blocked him because I have peace in life without 90 phone calls and messages a week about different radio ####.
    Again I have all of these screen captured up on google photos.

    Or so I thought now he wastes his free time sitting on a mountain recording us and making videos. Again his work truck can't talk or hear more then a mile.

    He is doing these videos on his free time with his anytone 6666 and his little pocket recorder he has.
    Again gents there is 2 sides to the story and many in those recordings are getting pissed off that this lamer has no life and is recording them as well

    You dont get the hint you've been blocked on all my devices yet you still do this?

    Scot get a life. Go fix your home life find another hobby take up fishing or take your kid to a park.

    We've been polite and asked to be left along a long time ago. It's time to take heed
    Gentleman thanks for reading and bashing me before knowing both sides
    Enjoy your day.

    Also he is so smart that his first video that's he's recording is my alinco stock rig was never sent to a shop so he lies in the video about what radio I am even running again he knows very little.

    Remember if you don't play Scot's game and deal with his 16 year friend mark Sherman this is where you end up.

    This has pushed me to really start studying for my general and using the tech bands more. People like Scot and his constant harassment ( more then these videos for sure) are what drove people off of the CB years ago

    P.S Scot instead of wasting the day recording me? Buy a soldering iron and learn to solder it might help you out one day.
    I'm out.
     

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  7. bored silly

    bored silly Road Train Member

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    I think we are all a little mental sometimes ??? Seems he got the best of you. I used to get into it with him on here sometimes. But I'm the only one on here who would stand up to him. A least the only one I've ever seen. We were both told to cool it by dog or be kicked off this forum permanently. We both got into it over minor stupid little things. But it never got to the point of what your talking about. I have or hold no Ill will
    towards him. None of us are perfect we never will be. That situation needs to die. And both of you need to move on with your lives. It's not a healthy thing.
     
  8. davew48

    davew48 Light Load Member

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    Sir with all due respect I try to move along I only talk channel 17 in the afternoon I talk on ham radio in the morning. I talk 40 m and 10 m

    This is how I know is his post is also a lie he works nights so his mentally ill mind has been doing this on his free time. More lies. That's all he does.

    OK I've tried to let this go I've been on him for over six months to leave me alone I have really tried.
    I blocked him from everything I could...
    Facebook Facebook messenger cell phone, etc.etc I can screenshot you his number blocked on my phone and the date it was blocked I have been trying to distance myself from this mentally ill person but he does not give up
    I even have the email chain where I told him he has no right to use my images yet he modifies them to this day and uses them.. like i already posted i have the full images, date times EXIF data camera used lens used time etc.. etc.c. all this information matches my camera registered in my name with nikon.. he has no permission to use my images without written permission..
    I did photography for over 15 years as a side job and i am well aware of the copyright laws..
    he can even face daily fines for posted images if I wish to take this further.

    I don't want to air his personal ######## on here because it's not worth it by he has mental issues every time I would even buy anything for my radio he would get condescending to me for over a year.

    My radios are paid for by me my money I do not rent them from Scot he has no right to tell me how to run the radio this again has been going on for one whole year these videos are just examples in the past month of what he does because I blocked him on everything else.

    Again I have moved along these conversations on the recording's were done in the afternoon I know what time I talk on the radio he is lying to everybody here he spends his free time recording people and trying to get Mark Sherman business he then bashes you if Mark Sherman doesn't work on your radio this is his life this is what he does look at his forum posts please

    Have a great day to all

    I'm sure now that this is out in the open he will make many more videos again with slander harassment and modifying images without my permission
    I will no longer reply to this thread I do not give him permission to use anymore of my images or audio and I will leave it at that you guys have fun you think it's funny you think it's great whatever

    I'm out.
     
    Last edited: Jun 7, 2017
  9. davew48

    davew48 Light Load Member

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    Wrong i have the EXIF data and this original image including date time and camera model lens used and serial number, that serial number matches my camera here in house.. I already told him a few weeks back in emails that i kept he has no right to my photos without written permission he again still uses it.. you are only getting a 1 day scope of his mental illness here and the harassment he has been pulling for over 1 year with me..
    he never got my permission to use my image there are a lot of laws on photography that can be applied if he continues to use my images without my written permission
    even as far as daily fines, i suggest you dig a bit deeper into laws of photography


    Since he was told about my images.. and i have the emails yet he still uses the images I can do many things.,.,. plus add harassment and all the other items he has pulled over the year and you can get a scope of how far he has taken this...
    I already have 4 other witness to his activities on the radio and are ready to step into the magistrates office at any time..


    Option #3 – Send a Cease and Desist/Demand Letter

    Another option you have for resolving infringements is to contact the infringer yourself. You may request payment for the infringement and/or ask that the infringer cease use of the image. It’s best to do this in writing – a letter by surface mail seems to have more clout than email correspondence.

    If the website would provide a marketing outlet for you, you may only want the infringer to give you proper credit. If so, make a written agreement with the infringer that you will provide a license for the image (be sure to designate the parameters of the use, such as who, what, why, when and where – see my blog entry on the subject for more information), on the condition that the infringer posts your photo credit / copyright notice on or adjacent to the image, along with a hyperlink to your website. You may get additional work from the infringer or others.

    Photographers sometimes send an infringer an invoice for three times their normal license fee as an offer to resolve the infringement claim. While the 3x fee may be an industry standard, is not a legal right given by any court of law or statute. Instead, U.S. law states that you are entitled to actual or statutory damages for infringement as provided by 17 U.S.C. Chapter 5, specifically section 504. The damages that you can receive from infringement - especially if you timely register your photographs - sometimes can amount to a lot more than three times your normal license fee. So you may want to think 2x before you send the 3x letter.

    Your demand for payment may be admissible against you in an infringement case, which can limit your ultimate recovery. To avoid this possibility, include in your demand letter that “these discussions and offer to settle are an attempt to compromise this dispute.”


    Option #4 – Hire a Lawyer to Send a Demand Letter

    When an attorney gets involved, the matter is escalated and tensions rise. While the infringer may be more defensive, the weight of your demand letter is dramatically increased if it comes from an attorney and the infringer generally takes the matter more seriously. Some attorneys charge a flat fee to send a letter; others may charge a contingency fee that is based on the percentage of recovery; or the fee may be a combination of both.

    If you or your attorney send a demand letter, then there is some risk that the infringer will preempt your infringement lawsuit by filing a request for declaratory judgment that the use is authorized. This may involve you in a legal action for which you may need legal counsel in a jurisdiction (court location) where you don’t want to litigate.

    Option #5 – File a Copyright Infringement Lawsuit

    Your most aggressive option is to pursue your legal remedies by filing suit. You first must register your copyright with the U.S. Copyright Office, hopefully before but at least after the infringement. (If you created the photo in a country that is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, you do not have to register in the U.S. to protect your copyright or to file an infringement lawsuit in the U.S.)

    You must file your infringement claim in a federal district court. It's best to hire an attorney to help you with your suit because the legal procedures are complicated. Note that you have three years from the date of infringement to sue for copyright infringement.

    When the copyright to a photo is not registered with the U.S. Copyright Office prior to the infringement (or within three months of the first publication of the photo), a copyright owner may recover only "actual damages" for the infringement (pursuant to 17 U.S.C. 504 (b)), instead of statutory damages. Courts usually calculate actual damages based on your normal license fees and/or industry standard licensing fees. You also may recover the profits the infringer made from the infringement if they aren’t too speculative. If you have registered your copyrights, then you are eligible for statutory damages of up to $150,000 for willful infringement of each photograph. “Willfulness” means that the infringer either had actual knowledge that it was infringing the owner's copyrights or acted in reckless disregard of those rights. Evidence that the infringed works bore prominent copyright notices supports a finding of willfulness.
     
    Last edited: Jun 7, 2017
  10. Ridgeline

    Ridgeline Road Train Member

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    Dave, I do agree we get one side of the story, which isn't our fault.

    We didn't go looking for a reason to bash you, to be exact I thought the picture of the guy in the tux was like the guy in the tanktop - created from photo stock, but hell I don't produce cartons on youtube with that crap.

    Many of don't know who you are, what relationship you have with him nor do we care.

    I get the harassment thing, I have my dealing with the same crap from someone in the political section of this site, so far he has shut up, while I don't know what Rabbi's issues are (mental or otherwise), I don't care what they are and when asked about this subject, we gave our opinions.

    Many of us view Rabbi as Mark's shill and that's about it, he helps with some info but as I told him before and going to tell you, he has been putting mark up on a pedestal and protecting the image as if he is a celebrity - Mark isn't. He does good work not the best but good, and there is always someone better.

    AND I also said this to him and others I've seen all of this crap many times before and it is just a **** CB radio.

    SO it is between you and him, if we offended you, we can't help that so but I will thank you for putting another side to the story, may be a more revealing side.
     
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  11. bored silly

    bored silly Road Train Member

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    Well do what you have to do... if it's that bad. then legal action and what you do is up to you. Me personally I would have taken care of it a long time ago my own way. But that's another matter and not exactly legal by law.... Nobody is worth going to prison for and i do mean nobody !!!!!!
     
    Last edited: Jun 7, 2017
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