The ChipGuide just accused me of Copyright Infringement? (1 Viewer)

ReallyGoodUsername said:
:ROFL: :ROFLMAO: who does he think he is, Vinny Chase in Queens Boulevard???? No hard feelings, I almost took his side too



I asked them to "prove it" on their claim it's in his collection, I even provided a fun photo for my evidence :)

View attachment 456745
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Watch out. Nike is coming after you for using their logo for the smiley mouth. You’re looking at hard time when the chip sells. ;)

Where is our resident counsel, @Hornet?
 
upNdown said:
So he must have some pretty good software or a service, scanning all of eBay and comparing their listings to his photos? Because clearly that is the same chip and it triggered an alert.
Pretty cool stuff.
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This is my fucking question. I suppose it's possible that he (the Chip Guide) was just perusing eBay and saw a chip he really likes and thought it looked familiar...

But if not, what kind of algorithm is he (the Chip Guide) running to flag this? And couldn't they focus that effort on improving the Chip Board?
 
WedgeRock said:
couldn't they focus that effort on improving the Chip Board?
Click to expand...
David Spragg personally owns The Chip Board. Any gripes or questions re: its antiquity should be directed toward him.

Chip Guide is a wholly seperate entity which, if I'm not mistaken, is currently owned by the Museum of Gaming History.
 
0DWmYJ1.jpg
 
Ethan said:
Watch out. Nike is coming after you for using their logo for the smiley mouth. You’re looking at hard time when the chip sells. ;)

Where is our resident counsel, @Hornet?
Click to expand...
I am representing the Chip Guide. My client would like me to inform you that this problem can be solved by sending me the chip in question. All charges will be dropped if you comply.
 
Hey guys, it is important to know that Charles Kaplan (AKA the chipguide administrator) is not doing this to be a prick. He's not even doing it to protect his intellectual property (ownership of the picture).

He is doing it to protect all of us.

Sorry for the bold and underline, I just don't want people to miss this aspect of my post. In the past people have stolen pictures off of the chipguide and listed auctions on eBay. The chips get bid up, chippers send money and get nothing but a rock in the mail. He is doing a service to the entire chipping community. Personally I think we should be thanking him.
 
I am a photographer and may know what is going on here. Generally speaking the fee for non-exclusive digital commercial use of an image is ballpark $1200 (many factors play into this). Copyright infringement damages are tripled, so judgement for the unauthoirzed use of just a single commercial image can be ballpark $3600 and the internet is rife with stolen images. So many companies/services have popped up that allow you to catalog/index your images and their bots/algorithms scour the internet to find unauthorized uses. Once they find an unauthorized use on many popular sites/platforms they will send an automated auto-populated takedown notice on behalf of the photographer. If the infringer fails to comply with the take down it gives them additional leverage in court. Depending on the usage etc. they may take legal action on your behalf against any infringers if they feel like they may be able to obtain a judgement. If they obtain a judgement on your behalf they keep a hefty percentage, but this takes zero work on the photographer's part, presents possible income opportunities, and helps reduce unauthorized usage. The odd grammar in the take down notice leads me to believe it is an automated takedown from one of these image copyright policing services.
 
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ChipEnvy said:
Hey guys, it is important to know that Charles Kaplan (AKA the chipguide administrator) is not doing this to be a prick. He's not even doing it to protect his intellectual property (ownership of the picture).

He is doing it to protect all of us.

Sorry for the bold and underline, I just don't want people to miss this aspect of my post. In the past people have stolen pictures off of the chipguide and listed auctions on eBay. The chips get bid up, chippers send money and get nothing but a rock in the mail. He is doing a service to the entire chipping community. Personally I think we should be thanking him.
Click to expand...
I think we’re all thankful for any resources we have, and those behind em. We’re just having some fun with the language, especially “I am the (enter entity here)”. Just funny prose and a funny situation.
 
ChipEnvy said:
Hey guys, it is important to know that Charles Kaplan (AKA the chipguide administrator) is not doing this to be a prick. He's not even doing it to protect his intellectual property (ownership of the picture).

He is doing it to protect all of us.

Sorry for the bold and underline, I just don't want people to miss this aspect of my post. In the past people have stolen pictures off of the chipguide and listed auctions on eBay. The chips get bid up, chippers send money and get nothing but a rock in the mail. He is doing a service to the entire chipping community. Personally I think we should be thanking him.
Click to expand...
100% agree, 1000% agree, I understand why he's doing it and also thank him for running MOGH/TCG.

I'm just not inline with, when confronted with irrefutable evidence that it's not copyright infringement, him to double down and say that he himself owns the chip in the photo and that I still need to remove the photo from my listing. I'm not angry at all just wanted to share as he's bluffing hard when I'm holding the nuts.
 
BarrieJ3 said:
I think we’re all thankful for any resources we have, and those behind em. We’re just having some fun with the language, especially “I am the (enter entity here)”. Just funny prose and a funny situation.
Click to expand...

I totally get it, but he is using the language he is because more often than not, he is dealing with pretty scummy people.
 
I have no issue with the chip police sending you a c&d email (erroneous as it might be in this case).

But after sending him photographic proof of actual chip ownership, I'd be responding with some pretty colorful dialog to any further attempts on his part to make you unecessarily comply with his misguided demands. "Fuck off and die you ignorant chip nazi pig" comes to mind.
 
Eloe2000 said:
I am a photographer and may know what is going on here. .... Copyright infringement damages are tripled, so judgement for the unauthoirzed use of just a single commercial image can be ballpark $3600 and the internet is rife with stolen images....
Click to expand...

You can't sue for infringement of a copyright in the US and there are no such damages unless the copyright has been registered with the copyright office of the Library of Congress, and very, very, very, very few are.
 
IDGI. Seems like he’s inadvertently outed himself as stealing images for his Guide? And then accusing others of stealing “his” stolen images?
 
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Eloe2000 said:
I am a photographer and may know what is going on here. Generally speaking the fee for non-exclusive digital commercial use of an image is ballpark $1200 (many factors play into this). Copyright infringement damages are tripled, so judgement for the unauthoirzed use of just a single commercial image can be ballpark $3600 and the internet is rife with stolen images. So many companies/services have popped up that allow you to catalog/index your images and their bots/algorithms scour the internet to find unauthorized uses. Once they find an unauthorized use on many popular sites/platforms they will send an automated auto-populated takedown notice on behalf of the photographer. If the infringer fails to comply with the take down it gives them additional leverage in court. Depending on the usage etc. they may take legal action on your behalf against any infringers if they feel like they may be able to obtain a judgement. If they obtain a judgement on your behalf they keep a hefty percentage, but this takes zero work on the photographer's part, presents possible income opportunities, and helps reduce unauthorized usage. The odd grammar in the take down notice leads me to believe it is an automated takedown from one of these image copyright policing services.
Click to expand...
Another photographer here who's had the unfortunate experience of photos being stolen (sometimes inadvertently, where we were able to reach to a civilized agreement). So yes, I see why he wants to protect his photos, but before sending any C&D, he should be DAMN sure it's his photo. Just recognizing the very chip is not good enough.
 
Jambine said:
Sorry, I can only like your post one time
Click to expand...

All in fun. I had a run in with the same person. I posted a Wanted Ad on TCB, using photos from the CG and he tagged me back with something about using photos from chip guide. I uploaded photos of my chips and he used one or two of them for the chips the CG was missing, which I said he could. I asked Spragg about it and he said you just have to mention "photo from the chip guide."
 

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