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 | "Powered by.." link, we will be performing checks |  |
 Posted: Tue Jan 18, 2005 11:28 pm |
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| manish |
| Site Admin |
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| Joined: 12 Apr 2004 |
| Posts: 588 |
| Location: India |
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Hello,
I'd like to bring something to light.
Without pointing fingers, and with greatest respect - I am going to raise an issue that we're seeing an alarming number of infractions over and that have had nothing mentioned over issues that are well documented in the EULA, the "powered by" link and the "copyright notices" in the script.
TheRandomizer script is copyrightten to Tech Horizon(therandomizer.net). Infact in US, Canada, Europe & Most of Asian countries just the fact that you 'made' it and that it is an original work has it copywritten automatically - the fees are just a formality to obtain a signing document.
Now that this is clear, the issue at hand is that we are seeing "Powered by" link removed or altered from the base of your site without permission.
We don't charge ridiculous copyright removal fees like other companies and while we understand why they do it, we'd like to believe that we can trust our users to do the right thing and respect a simple copyright issue.
Therefore, if you have removed the "Powered by" link from the base of your site and running the randomizer script, we'll be emailing you a license violation legal document with a 24 hour notice (this is all that's required legally) to restore the "Powered by" link or have your client account terminated permanently - without exception and very promptly.
We appreciate your understanding of the matter. This is simple ethics and we appreciate your honesty and professionalism.
Let's avoid any trouble!
Thanks for your understanding.
Regards.
Manish Singh
PS : Resellers and their clients are exempted from this policy. |
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| Copyright | |
| Posted: Thu Jan 20, 2005 1:30 am |
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| JoePro |
| Newbie |
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| Joined: 07 Nov 2004 |
| Posts: 6 |
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Hi Manish,
the fact that something is implicitly copyrighted is correct. This does not, however, mean that the new owner must leave the text on a visible page, rather it must be left in the source code.
This is an act under the Fair Competitions Revision in 1996, which was lost by Yahoo, where they were demanding that users kept the Yahoo.com link in a cost software/service authored and distributed by a Yahoo btanch corporation.
They lost in California Court. The fact is that a software author is not within the law making an illegal demand, even if it is in a EULA.
In this case, if software is NOT freeware, shareware, or opensource, it cannot be enforced that the original author is dispalyed in plain view, as this creates original competition, which is illegal.
Having said that, the software auhor's credits MUST be left intact in the SOURCE CODE.
" Licensee may NOT remove the "Powered by " link and any of the copyright notices in the source code."
The above stament contradicts the Revision (above) in that it places the code in plain view for competition.
I do this stuff for a living, and would be happy to help enlighten anyone that is unsure of how intellectual property rights on cost software or services works.
Cheers,
Ron |
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| Posted: Sun Jan 23, 2005 11:08 pm |
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| Mark |
| Newbie |
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| Joined: 16 Jan 2005 |
| Posts: 5 |
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Manish,
I wish to point out that removal of this link is NOT illegal and we are perfectly in our rights to do so. I feel it is very unfair that members are being singled out in this way. We have paid for the product and your PHP Source code is intact, you cannot dictate how we use our html and it is is not fair to force us to promote the program if we choose not to. If the program was free you can make this terms, when we pay money, we do not have to have your links plastered all over it. We have all paid good money and we wish our sites to look professional and not for every one to know we bought them off of you for $80 - This devalues a companies reputation in my book.... If you want customers, advertise.... I found your site through advertising and NOT by a free advert for you, making our sites look unproffessional, we have no control over the look of them in any case, you already have full rein over this.
Judging by your rude threats posted directly on our websites you will probably not be swayed, I appeal to you to rethink this dictator attitude and let us run our sites in peace, we have bought the most expensive peice of randomizer software available, please do not force people into this things that will only devalue your product and personal and business reputation.
The most annoying thing of all is that
"resellers and their clients are exempt"
- Maybe I should have just bought this product off of a reseller and NOT put money in your pocket?! Is this what you are saying? - As you get no money from each reseller sale but you get all of what I give you. This seems to mean that you do not hold your direct customers in any regard.
- With a reseller, I get the same software AND I do not need to put link back to your site, seems like you should direct any potential customers to a reseller - Or maybe we should?
This is double standards in the HIGHEST degree! - You must see this point?
This is not that I do not want to give you credit for a peice of scripting, I have done that by paying you, NO other script I have purchased, and I have a network of 76 sites, requires such an action and I will gladly tell people where I got the script if asked, however the "Powered By" Message makes our sites look like doorway pages or just free sites that we have downloaded, we have paid a fee that should entitle us to stop all our members going "ooh look, he only paid $80 for that site, and they all look the same.... won't sign up there!" - I have actually had 3 emails from people saying "how come your site looks just like this site.... You stole their HTML" etc.
People are already put off by the fact I cannot change my design and it looks like alot of other sites, now we must broadcast the fact!
Again, please think of an alternative or even better realise that it is us as customers who have kept you in business and are in fact spreading the word and do not force us into such actions.
----
PS. Ron, you seem very clued up on this, can offer any help to members on this issue, as this has really annoyed me. |
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| Posted: Mon Jan 24, 2005 1:27 pm |
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| manish |
| Site Admin |
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| Joined: 12 Apr 2004 |
| Posts: 588 |
| Location: India |
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Hi Mark,
While not going into the legality of this issue (I have conveyed this to Ron, and I wish to tell everyone publicly, that I will never want to do anything that is illegal), as I am already taking advice of an Indian Lawyer in this matter, I wish to answer few points raised by you.
| Mark wrote: | | Maybe I should have just bought this product off of a reseller and NOT put money in your pocket?! Is this what you are saying? - As you get no money from each reseller sale but you get all of what I give you. |
The reason why resellers and their clients are exempted from this policy is because reseller get a rebranded script. They can replace "Powered by TheRandomizer" with "Powered by ResellerCompany". If they put it in their EULA, their customers will have to respect the link.
| Mark wrote: | | This seems to mean that you do not hold your direct customers in any regard. |
Do I have to answer that ? A reseller's client may not be entitled for free upgrades, will never get a client account on our site and much more. Most imp, he will be bounded by agreements of the reseller and not of TheRandomizer. It was in this context I had mentioned "Resellers and their clients are exempted from this policy".
| Mark wrote: | | however the "Powered By" Message makes our sites look like doorway pages or just free sites that we have downloaded, |
I completely disagree with this. I have a forums, ticket support system and many other websites which are either paid/free scripts with "Powered by.." link. Does that make my site less credible? This support forums runs on a script which is freely available on the internet, just the previous version had serious security issues, the skin is again freely available, should that question my ability to provide support to my customers ? I have seen many sites running scripts that never took off. Not because they maintained "Powered by ..." link but because they never had a product to sell, no advertising, nothing. At the same time, there are many websites who have done great business in just months.
Its a question of plain ethics, you agreed to put the link while purchasing the script. No facts were hidden from your eyes!
Best regards,
Manish Singh |
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| copyright oh copyright | |
| Posted: Wed Feb 16, 2005 4:38 pm |
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| Windjammer2 |
| Newbie |
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| Joined: 26 Jan 2005 |
| Posts: 8 |
| Location: http://www.cashwitch.com |
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I have no problem with showing your powered by link but I have a question about the use of copyright. The graphics and text on my site are mine and so I have added "copyright 2005 Cash Witch" above your
"Powered by TheRandomizer 3.0".
Is this something you take offence to?
http://www.cashwitch.com |
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| Posted: Wed Feb 16, 2005 6:12 pm |
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| worldrandomizer |
| Member |
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| Joined: 20 Oct 2004 |
| Posts: 72 |
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| I believe its fine as long you leave the "powered by" on the bottom of the site. |
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