Community Help: Protecting copyright - page 5
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are about to share member information with a total stranger. Information that the user trusted would remain confidential unless used for criminal prosecution by the authorities who needs a warrant to force you to hand over such information.I did not give any information to anybody. It was his own investigation.
I should detail the entire course of action in proper order before I am mistaken.
I assumed that I was emailing the website owner, and asking him to provide information about copyright. I submitted the information here, and also submitted it to all of the contact information. I also gave a 72 hour warning before I would even notify the ISP of suspected copyright violation.
What I am asking for right now from the community is "so... which copyrights?" I do not have legal authority since none of my works were violated. Anyone can point, but only one group can take final action and that is the owner of the copyright.
One person has been identified as *potential* copyright holder. We need to find out which other copyrights have possibly been violated. Then the information is presented not to the ISP, but to the person who might be accused. That person then presents information back to us in order to keep their business, copyrights, and reputation. All they need to submit is some validity of copyright - show publish ing of a non-derivative work.
Here is the process in the intended order:
1. Potential violation of copyright identified (Thank you FX_Sniper)
2. Identify which copyrights have been violated (1 mentioned as a possibility by NeoDigital)
3. Request the distributor of software provide some validity to claim of copyright.
4. If no information is presented after a given time (I requested 72 hours for response, time might be longer or shorter - I just wanted a reply after 3 days) then the copyright holders choose the next step. Things can stop here.
(I probably took the role and tone of someone who held copyright, although I did not claim that my copyright was violated.)
5. If the copyright holders wish to pursue the *potential violation* then they (or someone they assign) can contact the ISP, credit card companies, ebay, etc.
6. After records are collected from ISP/CC company/Ebay another decision to move forward must be made. (This person may have sold $100k of flawed software or something.)
7. Experts are consulted to pursue the matter further if the copyright holders decide to move forward.
8. Evidence presented in court with a lawyer.
In my attempt to contact the person who already laughed at copyright claims, misinformation was provided. There is no email address or contact information presented on the website *at all* so I used the only means available. The only action I have taken so far is attempt contact and make a copy of the website. (270+ files)
So, I will not take action against this website. I was still posting research and information previously. Information must be gathered before we know who to contact as potential copyright holders.
I did not mean to get too excited. We have some screenshots to identify some of the possible indicators. Regarding color changes: it is not for us to decide if color change = code change. We do not need proof, we need clues. Proof happens in court at step 8 *if* copyright holders (not me) decide to take things that far.
I have posted a reply to your original post and have already put in a call to my attorney's firm referencing defimation lawsuit options. I put my "real" phone number and email address because I have nothing to hide but what legally belongs to me. Presist at your own risk; you have been warned as this is going too far and you are now affecting my reputation. I will not be drawn into this any further and this will serve as my last post as been advised.
Just for the record; I have not named Newdigital or ForexTSD in this matter as I do not feel your group is responsible for this.
Emerson Duhart
emersonduhart@strategicfind.com
646-827-9212
I fired the second shot too, at the forum post you listed. I'm sending the emails to the appropriate email addresses and pulling the copy down now.
He was dumb enough to put his real address.
Here are some ebay transactions by him:
http://cgi.ebay.com/Amazingly-Accurate-Forex-Software-GBP-USD-20-50pips-day_W0QQitemZ180033302640QQihZ008QQcategoryZ47103QQcmdZViewItem
And his ebay profile:
http://myworld.ebay.com/strategicforex/
Account number 63744 at www.2checkout.com which has a copyright holder only restriction. They will be required to give copies of their sales receipts as evidence.
Of course, 2CO claims that they have no liability in this clause of the user agreement:
2CO ASSUMES NO LIABILITY FOR SUPPLIER'S FAILURE TO PERFORM IN ACCORDANCE WITH THIS AGREEMENT OR ANY RESULTS CAUSED BY ACTS, OMISSIONS OR NEGLIGENCE OF THE SUPPLIER, A SUBCONTRACTOR OR AN AGENT OF SUPPLIER OR AN EMPLOYEE OF ANY ONE TO THEM, NOR SHALL 2CO HAVE ANY LIABILITY FOR CLAIMS OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, CLAIMS OF THIRD PARTIES ARISING OUT OF OR RESULTING FROM, OR IN CONNECTION WITH, SUPPLIER'S PRODUCTS, SERVICES, MESSAGES, PROGRAMS, CALLER CONTRACTS, PROMOTIONS, ADVERTISING, INFRINGEMENT OR ANY CLAIM FOR LIBEL OR SLANDER OR FOR VIOLATION OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS.
but... that may not stand up in court, especially if they keep him as a customer after receiving any complaints at all
Sending off emails... anyone else on your hit list?I have posted a reply to your original post and have already put in a call to my attorney's firm referencing defimation lawsuit options. I put my "real" phone number and email address because I have nothing to hide but what legally belongs to me. Presist at your own risk; you have been warned as this is going too far and you are now affecting my reputation. I will not be drawn into this any further and this will serve as my last post as been advised.
Just for the record; I have not named Newdigital or ForexTSD in this matter as I do not feel your group is responsible for this.
Emerson Duhart
emersonduhart@strategicfind.com
646-827-9212Hi emersond,
Thanks that your reply.
Please be informed that I am still alive
And as i understand no any action was taken against you till now (real action I mean). Just talking.
Some people are really worry about some screenshorts and they said that it may be probable some indicators which were posted for free to somewhere.
it is ok untill no any real or "real" owners claimed.
I think you understand.
Of course I have a right to stop this process on our forum. I do not care about any other places incl your website but I am talking about our forum.
And I am alone: I am not part of any group of people.
I may suggest you to read the commercial section rules here. I do not need source code or even ex4 files as I don't care about this subject. I as administrator of this forum is having satiety concerning indicators/EAs/systems. I will not ask for that. I think you understand.
Because I can not ignore the people who are worry about it (irrespective off their goal, objectives and purpose with this game). And, on the other hand, I understand that something is going on against you.
Please send PM to me to describe about how it was developed. Anyway I think we need to speak between each other by PMs (tomorrow may be).
I understand
. Until this post it was all in my opinion very harmless and
didn't bother me. However, I am only trying to protect my reputation.
If someone believes I have not created these indicators and trading system
please feel free to post these indicators and the system for using them for
the community to use. I have no problem with that.
I have put in allot of work and lost a ton of money in the market creating and
testing these indicators so they are just right for my style of trading; and will
spend just as much defending myself (not against you New Digital).
I have made my system available for anyone that wants to try it without any costs whatsoever; the software and system (including video tutorials, live trade room and chat transcripts of other traders currently using the system are readily available). Again, I will repeat "ALL OF THIS IS FREE". Oh and did I mention it is FREE.
NewDigital, I fully understand you are not contributing to these accusations and only trying to protect the members of your forum as you should do so. We will talk tomorrow via phone (646)-827-9212 or PM about the development of this system. Let me know how you prefer.
Emerson Duhart
646-827-9212
Hi emersond,
Thanks that your reply.
Please be informed that I am still alive
And as i understand no any action was taken against you till now (real action I mean). Just talking.
Some people are really worry about some screenshorts and they said that it may be probable some indicators which were posted for free to somewhere.
it is ok untill no any real or "real" owners claimed.
I think you understand.
Of course I have a right to stop this process on our forum. I do not care about any other places incl your website but I am talking about our forum.
And I am alone: I am not part of any group of people.
I may suggest you to read the commercial section rules here. I do not need source code or even ex4 files as I don't care about this subject. I as administrator of this forum is having satiety concerning indicators/EAs/systems. I will not ask for that. I think you understand.
Because I can not ignore the people who are worry about it (irrespective off their goal, objectives and purpose with this game). And, on the other hand, I understand that something is going on against you.
Please send PM to me to describe about how it was developed. Anyway I think we need to speak between each other by PMs (tomorrow may be).Emersond, thank you for joining us. I was linked to a conversation in this thread that shows a discussion between you and a member. He asked, and I paraphrase, if you own the copyrights to the indicators you use. I ask a followup question, and that is that if you do not own the copyrights to the indicators, who granted you permission and license to use and redistribute them.
I do not question the copyright to your system, I am not an attorney but I do personally believe that collecting, documenting, explaining and training people to use indicators is a value add. Additionally, I have a copy of your website which is your copyrighted material. I do not have permission to distribute the website to other people so I link them toward your website from here. I am attempting to respect your copyrights.
My original inquiry, although strongly worded, was a request to #1 show that you own copyright to the indicators or #2 that you own a license to redistribute these materials.
Please understand that isn't personal. If you have rights to distribute materials and are a copyright holder then I will be just a rigorous in researching infringements against your copyright.
If you believe that my referencing information found on google and/or paraphrasing of your words is slander, defamation of character or libel, by all means I will provide resources so you may hire a lawyer here in Portland, Oregon and the information necessary to contact me regarding such a lawsuit. Until such a time, I consider myself warned that I cannot make false claims. This is similar to my statement that violating digital copyright is against the law, covered by international treaties and the DMCA.
If you neither substantiate your copyright nor want to provide any evidence to that effect that is your choice of course. It is the right of a copyright holder to protect their copyright. I do not have that right against you, but others do.
The system that I offer for free and the one I choose to sell are of my own creation and the intellectual property and the ideas used to construct them
are of my own. If the owner/creator of another system/indicator feels their system and/or indicators are in some way a replica of mine and are making claims as to the validity and originality of my system/indicator(s) versus theirs then I welcome that debate for comparison.
As far as hiring an attorney in Portland, OR; that would not be necessary as
I have my own representation and they are willing to travel if necessary. In reference to the need of your contact information; as I said they are monitoring these forums and advising me and will contact you if necessary.
Thank for your time,
Emerson Duhart
646-827-9212
Emersond, thank you for joining us. I was linked to a conversation in this thread that shows a discussion between you and a member. He asked, and I paraphrase, if you own the copyrights to the indicators you use. I ask a followup question, and that is that if you do not own the copyrights to the indicators, who granted you permission and license to use and redistribute them.
I do not question the copyright to your system, I am not an attorney but I do personally believe that collecting, documenting, explaining and training people to use indicators is a value add. Additionally, I have a copy of your website which is your copyrighted material. I do not have permission to distribute the website to other people so I link them toward your website from here. I am attempting to respect your copyrights.
My original inquiry, although strongly worded, was a request to #1 show that you own copyright to the indicators or #2 that you own a license to redistribute these materials.
Please understand that isn't personal. If you have rights to distribute materials and are a copyright holder then I will be just a rigorous in researching infringements against your copyright.
If you believe that my referencing information found on google and/or paraphrasing of your words is slander, defamation of character or libel, by all means I will provide resources so you may hire a lawyer here in Portland, Oregon and the information necessary to contact me regarding such a lawsuit. Until such a time, I consider myself warned that I cannot make false claims. This is similar to my statement that violating digital copyright is against the law, covered by international treaties and the DMCA.
If you neither substantiate your copyright nor want to provide any evidence to that effect that is your choice of course. It is the right of a copyright holder to protect their copyright. I do not have that right against you, but others do.I like nipples
In case anyone was worried, I had a great conversation with Emerson Duhart on the phone. I need to finish my due diligence and studies.
Yes, some of the indicators used did come from this site. However, the indicators that we discussed had the copyrights held by MetaQuotes and not by individual developers on this forum.
For example, the original version of Juice and the indicator XO are both copyright MetaQuotes. I verified that MetaQuotes owns these copyrights by looking through the freely available downloads.
Mr Duhart sounds to me like an experienced trader who is constantly improving his trading system. He offers trading sessions, training and trading a single currency for free without time limit. He develops a great deal of his own content, and appears to use unencumbered (similar to unrestricted) versions of indicators.
I will finish up my research soon - probably by taking the course! On the phone (and I paraphrase) Mr Duhart said that he was amiable with the 8 step research method, and I welcome his (or any other) suggestions on how to improve it to protect copyright.