Topic: BOTD strikes back

Seems like someone has been googling herself a lot lately smile

Just got the following feedback from booking@ineseisner.com:

http://next-episode.net/babe-of-the-day/babe/1310.html You use un-authorized images on your website. Please remove these immediately. Additionally, remove all links, text, metatags, etc from your site containing my name "Ines Eisner" to avoid further legal action. Regards, Ines Eisner

Why would she be against publicity is beyond me, but we'll probably remove her ...

P.S. For some reason the BOTD page for her is in #6 position when googling her name, lol

http://next-episode.net/sig/sig.php?alias=default&kk=5ba0ff0eba240dd51b6bf07fff0abb0e

Re: BOTD strikes back

She will live on forever in this thread.

http://i.imgur.com/gtmNv.jpg

http://card.psnprofiles.com/1/OrlandoNEP.png

Re: BOTD strikes back

http://redblow.com/wp-content/uploads/ines_eisner/ines_eisner_07.jpg

Re: BOTD strikes back

You don't have permission to access /wp-content/uploads/ines_eisner/ines_eisner_07.jpg on this server.

http://card.psnprofiles.com/1/OrlandoNEP.png

Re: BOTD strikes back

She already blocked it tongue

http://next-episode.net/sig/sig.php?alias=default&kk=5ba0ff0eba240dd51b6bf07fff0abb0e

Re: BOTD strikes back

Biatch. smile

http://card.psnprofiles.com/1/OrlandoNEP.png

Re: BOTD strikes back

Wow, they replied to my e-mail almost immediately:

Nikolay Nachev to Ines   

   
Hey there. The fans of the site seems to enjoy your presence there, a lot. It even reached the #3 top voted babe there, which out of 1800 pictures, means a lot.

(the url in question is: http://next-episode.net/babe-of-the-day/babe/1310.html)

Is there any chance you will allow us to keep your image in our Babe of the Day archive?

If not, we will of course comply and remove the image and all references to your name ....

Let me know, thanks.

Ines Eisner to me

Hi,

No, there's no chance to keep any of my images. Again, please remove ALL images of mine, ALL text including the words "Ines Eisner", ALL links and ALL metatags and give me a feedback when you're done.

And again: please do it to avoid legal action.

Thank you,
Ines Eisner

http://next-episode.net/sig/sig.php?alias=default&kk=5ba0ff0eba240dd51b6bf07fff0abb0e

Re: BOTD strikes back

Ahh well - as you an see from the email address - it was not herself, it was her agency. So it's basically the same as for any other content. The pic is not showing Ines Eisner the person - it's showing Ines Eisner the product. NE is using the product without authorization from the company who holds the right to publsh - ... yadda yadda.

So in order to avoid a lawsuit I also would suggest removing the content neutral

On the other hand - depending on where the server is legally located - you can savely ignore the wish mentioned in the email. It's sufficient to react when you receive an notice written on paper from an entity who actually holds the rights and is legally operating in the country where the server stands. An email could be sent by anyone wink

http://next-episode.net/sig/sig.php?alias=default&kk=f2f78bbc2ae515f1a55746f794066001

Re: BOTD strikes back

Nah, we'll remove it (I'll discuss the way to do it with Karen when she shows up.).

Her name, although ranking next-episode botd weirdly highly in google, brings almost no traffic to the site anyway, so it's not a big loss.

I only care about it because of the fact its #3 top ranked babe...

http://next-episode.net/sig/sig.php?alias=default&kk=5ba0ff0eba240dd51b6bf07fff0abb0e

Re: BOTD strikes back

I think the best approach will be to just replace her image with another one, saying something like "image taken down due to copyright claim" and leave the rest as it is.

http://next-episode.net/sig/sig.php?alias=default&kk=5ba0ff0eba240dd51b6bf07fff0abb0e

Re: BOTD strikes back

Ha - I know why this is happening. Ines Eigner is now a German beauty product and she's not a model anymore - that site is down.
So the beauty company tries to remove all Ines pics from the internet lol

I guess it's save to ignore this - again depending on the server loaction. They got bigger fish to fry.
BTW - NE BOTD is ranked #1 on the Google Pic search wink

http://next-episode.net/sig/sig.php?alias=default&kk=f2f78bbc2ae515f1a55746f794066001

Re: BOTD strikes back

Oh and the wish to delete ALL words "Ines Eisner" from this site is just a naive wish. That's just stupid. Please ignore that.

I just recalled - the image isn't even hosted on the NE server - so there's nothing to do for you. You can't be liable for content that isn't under your control. It's actually not that easy but should be sufficient in this case. I just would suggest to use a different hosting server for the pic. Fred could get in trouble - again depending on the server lacation...

http://next-episode.net/sig/sig.php?alias=default&kk=f2f78bbc2ae515f1a55746f794066001

Re: BOTD strikes back

Weeeell, there's lots of other babes in the world.

don't sweat the petty things, pet the sweaty things
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Re: BOTD strikes back

She (the agencey) want's you to remove every reference to her name. What if in one sentence I say Ines. A name not referring to anyone. And in another sentence I'll say Eisner maybe referring to Michael Eisner, former CEO of Disney. They can't demand to remove those. So if we want to use that name, we can do for example the following.

"Daisy Duck" in Finnish is "Iines Ankka", that first name in other countries is usually Ines. Eisner, Michael is the former CEO of Disney.

tongue

...where did I put that rat's ass I could give?

Daemons are benevolent or benign nature spirits, beings of the same nature as both mortals and gods, similar to ghosts, chthonic heroes, spirit guides, forces of nature or the gods themselves.

Re: BOTD strikes back

As the Senior VP of Legal BS I suggest several approaches.

First of all, I'd like to say, that my mothers maiden name is Ines Eisner too. What a coincidence. In fact, I love my mother so much, I've created a website, dedicated to my mother Ines Eisner: www.bentheman.com/to-my-mother-ines-eisner.html

Secondly, I suggest to pair up with another legal team for this case. the good people at Anonymous, Anonymous, 4chan and Levy (whats a lawfirm without a good ol' fashioned jew).

Thirdly, I suggest to remove all pictures from Ines Eisner (NOT my mother of course, hahaha) and replace them with pictures OF my mother.

Sincerely,

Ben The Man
Senior Vice President of Legal BS
Ext.: +1 202 742636684637

ALERT - Watch out for the BTM Appareal Line to come out in Late 2011. We're currently in talks with certain models to present it at the Offenbach Fashion Week. Im not gonna say who the front runner is so far, but you'll figure it Ines, i mean out.

Re: BOTD strikes back

lol  lol

http://next-episode.net/img/ne-link.png

http://i.imgur.com/6zvYE.jpg
http://next-episode.net/sig/sig.php?alias=default&kk=fae192a45e22f2ea2fece89557aebb4c

Re: BOTD strikes back

OK let's deal with this seriously - just for one moment. The only - I repeat: the one and only - thing Ines Eigner or any representative of her can claim is to take down a picture of her which is located on a server by the control of this site owner.

That means, that if we link to a picture which is freely available at any picture hosting company, we can write and comment on this picture whatever we want as long as it is respectful and doesn't hurt anyone. And I think we can agree that our site is very respectful and a great contribute to the whole internet community!

Removing any name or word from this site is utterly bs.

I suggest reading this article which was written by the man who invented the WWW and clearifies some things about links smile
http://www.w3.org/DesignIssues/LinkMyths.html

http://next-episode.net/sig/sig.php?alias=default&kk=f2f78bbc2ae515f1a55746f794066001

Re: BOTD strikes back

Al Gore wrote this?

Ok so - the only thing I would suggest to entirely be on the safe side, is to reference the copyright.

The thing with the Myth Website is, that its not based on german law, and since internet legislation in germany (as in any other country) is fairly new, you pretty much are always exposed to the arbitrary mood of the respective judge.

Re: BOTD strikes back

Sure, I never intended on removing anything other than the pic (as I mentioned above).

But yea, maybe even removing the pic is an overkill, we may just rehost it on imageshack or something like that?

http://next-episode.net/sig/sig.php?alias=default&kk=5ba0ff0eba240dd51b6bf07fff0abb0e

Re: BOTD strikes back

Exactly - but Ben is right and wrong. German law is strange and wouldn't even allow that IF next-episode.net would be a German website. But it isn't - it's a Bulgarian website. So you have to consider a Bulgarian law suit of an German company. Nah - not gonna happen. BG has other problems right now than weird German copyright laws.

I suggest just to sit and wait. If you get a legal notice from any BG lawyer you still can put the pic down.

http://next-episode.net/sig/sig.php?alias=default&kk=f2f78bbc2ae515f1a55746f794066001

Re: BOTD strikes back

The problem is, the site is actually hosted on a server in Italy (as to have better connectivity in Europe), so they may cause some problems there, I'm not sure.  I'll contact my hosting company and get an advice smile

http://next-episode.net/sig/sig.php?alias=default&kk=5ba0ff0eba240dd51b6bf07fff0abb0e

Re: BOTD strikes back

Moving the picture to free imagehost is imo very good idea.


what if we offer them $1 for the picture. then we have purchased the goods wink

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Re: BOTD strikes back

BlackBox wrote:

Exactly - but Ben is right and wrong. German law is strange and wouldn't even allow that IF next-episode.net would be a German website. But it isn't - it's a Bulgarian website. So you have to consider a Bulgarian law suit of an German company. Nah - not gonna happen. BG has other problems right now than weird German copyright laws.

I suggest just to sit and wait. If you get a legal notice from any BG lawyer you still can put the pic down.

true, initial mail will probably be coming from a german/italian attorney tho, im pretty sure. so you never know how it folds out. Good luck to them tho, to get anywhere with the BG legal system big_smile

Moving the pic to imageshack is not a good idea, they will ask imageshack to remove it and have reasonably grounds (sine it has been suggested here) to assume that the site admin has uploaded it to imageshack.

Re: BOTD strikes back

BenTheMan wrote:
BlackBox wrote:

Exactly - but Ben is right and wrong. German law is strange and wouldn't even allow that IF next-episode.net would be a German website. But it isn't - it's a Bulgarian website. So you have to consider a Bulgarian law suit of an German company. Nah - not gonna happen. BG has other problems right now than weird German copyright laws.

I suggest just to sit and wait. If you get a legal notice from any BG lawyer you still can put the pic down.

true, initial mail will probably be coming from a german/italian attorney tho, im pretty sure. so you never know how it folds out. Good luck to them tho, to get anywhere with the BG legal system big_smile

But the image is in a UK server...

...where did I put that rat's ass I could give?

Daemons are benevolent or benign nature spirits, beings of the same nature as both mortals and gods, similar to ghosts, chthonic heroes, spirit guides, forces of nature or the gods themselves.

Re: BOTD strikes back

Daemonius wrote:

But the image is in a UK server...

Actually the image is on many sites and the link can be changed to whatever.

The point is - it depends on the legal system in the country where the server is located, and Italy is too much Europe for my convenience. Many countries define the image part of the document - no matter where it is located neutral

This article might just a way to the wrong direction:
Italian law would fine nearly anyone

Getting advice from the hosting company is probably a good step, but it's actually not their business to give legal advice to users.

On the other hand. The site is in Italy but the admin is in BG - so again I suggest just to sit and wait - rushing to action because of an email (which holds no legal ground and expresses just a wish) is not the way to proceed big_smile

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