At 5/11/04 10:27 PM, Broachbros wrote:
That actually happened to me on two accounts. Stickpage.com randomly put my "to the death" movie on their website. On another account somebody decided to submit that same movie to milkandcookies.com. Turns out the only harm it did was give my website 1000's of hits. Though it wouldve been nice if they asked....And I dont think you can necessarily sue anyone if theyre not taking credit for it and theyre not making money off of it. But I could be wrong.
It's similar to what the RIAA is doing now, as pirating music keeps people from buying music (or so they say). As with them, the easy part is filing complaints. The hard part is identifying who to sue/file criminal proceedings against, and assigning a value to the product that was stolen. You have to actually come up with monetary values for your time and the earning potential of the product ... and be able to prove it should it come down to a court case. In criminal court, this is going to bear heavily on whether the charge(s) is(are) petit (under $2500 and a misdemeanor) or grand (over $2500 and a felony) larceny. In civil proceedings it will define what you are suing for.
Don't let my comparison with the RIAA slow you down. Broach's case is fairly common ... getting traffic/publicity that you would not otherwise as a direct result of the theft. Also as typical is crap like Ebaum's, who makes no bones about posting others' work hand without their permission ... but at least it's not posted as his work and, so long as he's not making money off it, is still in the "grey" area. Uncommon are the people you would actually be able to nail. People who post your work as their own, or deeplink to your website stealing your bandwidth, or both.