NikonGear'23
Images => Life, the Universe & Everything Else => Topic started by: Eric Borgström on August 14, 2017, 09:46:13
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Dallas Dahms, administrator and earlier partner to Bjørn Rørslett has announced that Ann Shelbourne's material has been removed from fotozones.com, a one time host for Nikongear.
https://www.fotozones.com/live/index.php?/forums/topic/62615-dmca-ann-shelbourne/ (https://www.fotozones.com/live/index.php?/forums/topic/62615-dmca-ann-shelbourne/)
This was evidently done after a US legal DMCA notice. Dallas works out of South Africa, Ann out of USA.
This anouncement gives many thoughts, personal and legal.
I earlier hoped that Ann would follow others to Nikongear as I liked to read and view her posts.
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I feel very sorry to know that. This incident would suggest that the same thing can happen to any photography fora of similar kind at any time...
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As long as people do leave by their own free will, nothing is wrong. No idea of what occurred prior to this event though.
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You can't use a DMCA take-down notice to demand a site remove material you yourself have put there.
A DMCA take-down notice requires an assertion that the availability of the material on the site infringes copyright, which it obviously does not if you put it there yourself.
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I think it can really screw up any thread where a person has posted/commented and then the content removed?
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I think it can really screw up any thread where a person has posted/commented and then the content removed?
That also happens accidentally. I am one of those persons who is quite sloppy with ensuring photos remain at the right place. Upload might help but that would complicate the situation if people want to remove photos on purpose. I do believe everyone is entitled to remove photos for whatever reason. I do not view this as betrayal or disrespect to those who own and run the site (which, IMHOl deserves lots of credits for the effort, passion and money it takes)
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That also happens accidentally. I am one of those persons who is quite sloppy with ensuring photos remain at the right place.
I've noticed that photos on Flickr that are replaced cause a error on a Flickr and other forums. If I make a minor change and upload a replacement the file name at Flickr changes so every place I post the photo by a previous file name is effected with a missing photo error. I have to know every forum and thread and correct the missing photo error manually or refrain from making minor changes and uploading a replacement to Flickr.
For forums other than those on Flickr such as this forum there is the possibility that Flickr may stop allowing links to other sites as Photo Bucket did recently.
I'm so pressed for time lately that I haven't thought this out. I feel a need to rethink how I photos to forums as I mostly post from Flickr.
Dave Hartman
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As long as people do leave by their own free will, nothing is wrong. No idea of what occurred prior to this event though.
Bingo! There is more to this than has been revealed. I have not heard Ann's side, so it's a one sided story as things stand.
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Gosh, there's a sense of deja vu reading this.
The role of website administrator must be thankless, but I've seen too many things like this with Dallas to be surprised.
Other than Ann was a loyal supporter of the old site.
What a shame for all concerned :(
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Gosh, there's a sense of deja vu reading this.
The role of website administrator must be thankless, but I've seen too many things like this with Dallas to be surprised.
Other than Ann was a loyal supporter of the old site.
What a shame for all concerned :(
Agreed, but I also agree with Les, I think the DMCA angle is a red herring. On the other side of that, if one has been banned then why would they want to leave their work up to enhance the website that banned them? Not bloody likely! ;)
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It's good to be back among old friends.
I can assure you that I had a very good reason to take the action which I did at Fotozones where the true sequence of the events which necessitated the issuance of a DCMA have been seriously distorted and obfuscated.
Anyone who is concerned about the truth of what really happened is welcome to contact me privately by email.
Ann
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Let the past be past. Look forwards for new horizons.
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Welcome here, Ann, I look forward to continuing to learn from you.
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It's good to be back among old friends.
Ann
Hi Ann,
Welcome to NikonGear 2.0, good to have you finally on board :)
Still wielding those twin D3s shooters?
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Hi Ann,
Welcome to NikonGear 2.0, good to have you finally on board :)
Still wielding those twin D3s shooters?
Rumor has it that Ann is using D5 now ;-).
Great to "have her back"! We're lucky to have so many skilled photographers among us here. Looking forward to learn from you all!
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Ann,
So glad you are here ...I have missed you!
Bez
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Thank you all for the incredibly warm welcome!
And rumour has it correctly: my D3s has had its nose put distinctly out of joint by a fabulous D5 — who is yearning to have a twin brother!
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Welcome, Ann. Good to see you here. I am looking forward to seeing more of you.
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Ann, I was thinking recently that I hadn't seen any posts from you for a while - I didn't realise you had never switched to this forum. Welcome aboard :)
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Welcome to where you belong!
As Bjørn wisely stated, let the past be past.
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Ann, welcome to NG.
I was surprised to read the notice at FZ shortly after you kindly commented on my images of the live performance. I'm total stranger in terms of DCMA (even after reading wiki) and I don't know what exactly happened between you and Dallas, but hope at least both sides would overcome the unfortunate incident soon.
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Yes Ann, welcome back to NG (MkII). I have always enjoyed your posts.
(I also recall predicting over at FZ that you needed to get get that second D5! ;D)
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Akira:
The whole episode is more than unfortunate but I really could not have responded to the situation in any other way than I did in the circumstances.
I shall very much look forward to seeing more of your very fine photographs here on NG instead.
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Dear Ann, whatever the path followed to join us, the outcome is positive since you are here.
I am looking forward to reading you.
Olivier
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Akira:
The whole episode is more than unfortunate but I really could not have responded to the situation in any other way than I did in the circumstances.
I shall very much look forward to seeing more of your very fine photographs here on NG instead.
Ann, thank you again. Hope you enjoy visting and posting here (I know you've already started!).
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Hugh:
You predicted correctly and D5 keeps demanding to know if and when he can expect a brother!
:)
Olivier:
You, Bjørn and all of the other members who have posted in this thread are incredibly kind and I am most grateful for the extremely warm welcome which you have extended to me.
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Welcome Ann. It's nice to know you have landed on your feet here at NikonGear.
I am off to Cooperstown on Thursday and I mention this because I remember you live in Upstate New York and your grand-daughter went to Colgate, my alma mater as well. Perhaps we will run into each other sometime on our travels in those parts.
Tom
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I live quite a bit south of there but Colgate University did wonderfully for my grand-daughter.
All the Colgate people that I have met are just so nice: it's obviously a very special place and I am sure that your return visits must bring great pleasure.
I actually took quite a lot of photographs at Colgate, including several hundred of her, her friends and their families during an extended Graduation weekend (including shots of the famous torchlight celebration); and then had a hard-cover book printed for her as a memento.
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Its great to know you are now on NG, i used to really enjoy your safari photo's and commentary.
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Ann, good to see you again :)
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On the other side of that, if one has been banned then why would they want to leave their work up to enhance the website that banned them?
Quite so, but the fact is that in most countries you have no right to un-publish your work - to have it removed from a website once you have uploaded it, eg. It is the same as sending someone a letter: the sender owns the copyright, but the recipient owns the piece of paper, and the sender can't demand that the piece of paper be returned or prevent it being publicly displayed.
The moral of the story is to read the T&Cs of websites carefully, because some them give the owners of the site control of your content. NikonGear, to its eternal credit, does not, but when you use dpreview you agree that:
"With respect to comments or other text-based content you submit or make available for inclusion, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable [emphasis added] right to use, distribute, reproduce, modify, adapt, publicly perform, translate, create derivative works from and publicly display such content throughout the world in any medium. With respect to photographic content that you submit or make available for inclusion, you grant us a nonexclusive, royalty-free right to use, distribute, reproduce, publicly perform, and to publicly display such content on the Web Site or any of our affiliates' web sites or mobile applications [emphasis added]."
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Welcome to NikonGear Ann, what a surprise :) Congratulations on the D5!
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Jakov and Erik:
Thank you!
Yes that D5 is a wild machine!
Even before mine was actually delivered, the published specs. were so exciting that they prompted me to book flights to the jungles of Borneo and the night-time streets of Singapore to see if a D5 would really prove to be the King of the Night.
I flew out to meet up with a delightful girl from Singapore (who I had previously "met" only through the Internet) and we enjoyed some incredible adventures and photography together: first in Borneo and then later in Singapore where she showed me round from an insider's view-point and took me to places which I could never have found on my own.
Pictures will follow during the next few weeks!
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Ann!
Nice to hear your special voice again. Love to listen to and see your experiences in the jungle.
Does the ultrasound perhaps show the little brother to be a D850 or is it kind of fuzzy?
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Still kind of fuzzy . . .
:)
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Ann, I'll love to continue to see your work now here on NG
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Ann, good to see you continue here, and more pictures will come.
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Fons and Armando:
Yes, life goes on; and photographs still beg to be taken; so it is great to know that you both are here where we can share these things.
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When I decided to go walk about from Photo.net I changed the photos in my gallery to thumbnails. I didn't worry about photos uploaded to threads. I was later locked out. That was back in 2006.
Dave
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Without referring to any specific events recent or distant, as an admin/boffin, I want to say that it is quite destructive to coherency of topics and threads to have to remove a particular member's inter-topic posts and images. Removing topics started by a member is not so difficult and causes less harm to the site.
So when a person does a walk-out after some kind of disagreement on a forum, perhaps they could consider leaving their inter-topic posts and images intact for the friends left behind. There must be a very very good legal reason to ask for admin to remove your content. Such reasons exist, and again I am not referring to any specific recent or distant events.
I will tell you also that across the web world, we admins often learn about people who trash forums. I'm sure nobody wants a "bad" reputation following them around the photo forums.
Please no scorched earth. Remember your forum friends. Negotiate with admins first. Thank you. ;D
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The worst I've seen was a guy I liked, a mod, who deleted several years of a Flickr forum: The Dissident Cafe. What was lost was never recovered. He also deleted as many members as he could. He failed to destroy the group but tried.
Dave
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Welcome to NG, Ann.
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It's good to be back among old friends.
I can assure you that I had a very good reason to take the action which I did at Fotozones where the true sequence of the events which necessitated the issuance of a DCMA have been seriously distorted and obfuscated.
Anyone who is concerned about the truth of what really happened is welcome to contact me privately by email.
Ann
Ann, It's so good to see you here. You continue to be denigrated in THE OTHER PLACE, but that does not surprise me.
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Mongo was somewhat shocked at the news. He has much admired and respected Ann's work, experience and character. As the thread progressed, it was very, very good to see Ann respond (whatever the circumstances may be) at least to let us know she is OK and most delightfully, now a member here with us. The warmest possible welcome to you Ann. You have been missed.
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Welcome back !
Sorry all to be a bit silent. My Df is being repaired and I feel dull :(
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John, Viv, Mongo and Airy:
Thank you all so much.
It is truly great to have found my way home among you in this sane haven.
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Welcome back, Ann. I'm glad to see you again.
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Thank you Bruno.
Yes, it is good to be back here!
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So happy to have you back. You were an invaluable source before and I'm sure for the future, also.
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Welcome to NikonGear, Ann. I admired your photos and commentary on Fotozones and I'm glad to see you here!
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John and Bill:
Thank you both for your kind welcome.
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So pleased to have found you again Ann and sorry to hear you have had problems. I was an avid follower of your D5 thread on the 'other' site and learned a great deal from you. Please start another D5 thread - you have immense knowledge which I hope you'll continue to share.
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and Welcome to Susan as well!
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Hello Susan!
I am delighted that you have found your way here!
I saved the contents of my "Discovering the D5" series and can re-post it on NG; although it just needs a bit of editing to bring it up to date so it may take me a little while to do that.
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That would be wonderful Anne and greatly appreciated. I picked up some super tips from you; like you, I am thrilled with the camera and appreciate you sharing your expertise.
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Welcome Ann. And Susan!
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Thank you too, Thomas G and Olivier for the welcome.
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Thomas:
Thank you. It great to have returned to this wonderful place!