OK....first email sent...
This is it....
Jay....
I have just visited your site, where you have posted a logon screen named 'Lost Souls' supposedly by 'slowfirez'.
He is NOT the owner of the artwork [the original wallpaper], nor does he have permission to reproduce it and allow it for download by a third party.
This is a breach of artist's copyright and is an Internationally enforcable law of property rights.
The original author of the wall is Nuvem [Helder Oliveira], and he did not give his consent for his work to be reproduced.
This same logon screen was displayed on another site recently, but following email communication with the Admin, was removed.
Although you may have disclaimers about responsibility of ownership is on the heads of the uploaders, just as with Napster it is the facilitation of distribution that exposes you and your site to legal action. The disclaimers do not absolve you from culpability.
On formal notification of a breach of copyright, you are obliged to remove the work from view.
Please remove this immediately.
If you wish further clarification, I can have the Author contact you personally.
There is no point questioning the validity of my claims....I know Helder [Nuvem] and saw the Lost Souls wall as he was creating it.
In the StylesXP section there are a number of ported skins originally made for Windowblinds by Alexandrie [Johanne Chaine], which are also ALL without permission.
This use of what 'appears' to be freely accessible 'skins' from the net, is, in fact, copyrighted artwork, which can ONLY be used and/or communicated in any way [other than personal private use] with the Author's express consent.
If and when these transgressions are noted and you are made aware of them, you are obliged to have them removed.
Failure to do so can lead to complaints of copyright infringement being forwarded to your ISP which can lead to your site's closure.
I have forwarded this to you personally, as it's your name on the posting, giving you first opportunity to resolve the problem.
If you are unable to, or do not have access to the removal of these works, I can forward this email to other site members for their response.
Sincerely,
Paul Martin
Jafo.
Admin Wincustomize.com Pixtudio.com
