Re: OT: Fotopic


On 3 Jan, 17:48, "Lüko Willms" <l.wil...@xxxxxxxxxxxxxx> wrote:

Am Sat, 3 Jan 2009 17:09:20 UTC, schrieb Neillw001
<wormwood...@xxxxxxxxxxx> auf uk.railway :

If Fotopic has gone, and at the moment it is still offline, what is
the legal position over the ownership of images contained on their
servers? Could any new owner, take those pictures and use them for
their own financial gain, regardless of the original ownership.
Similarly, what would be the position with people who have paid a
subscription for a product, (webspace), that has not expired?

If the Fotopic contract is so that the fotographer pays for the
storage, but that Fotopic (or Snappy Designs Ltd) has no rights to the
photos, the photographer had valid claims to give back his property,
namely the photos and other products, like descriptions, ordering in
slideshows etc etc. Whoever holds those items is liable to give them
back to the actual owner, the photographer. That is my view of the
legal situation. British law and judges might see that different.

How they do that, and if this involves any work which the person
holding the storage in his possession, and if this person is entitled
for a certain remuneration of that work, or material items like DVDs
to store them and postage to send them is another matter.

Any way, my recommendation to all those having stored photos and
slideshows at the Fotopic server, is to carefully study their service
contract for this storage and contact Snappy Designes Ltd a.s.a.p.
asking for information about the wherabouts and conditions of their
valuable property which is no longer -- as the contract probably
stipulates -- viewable for the general public via the Internet.


The webpage holding Fotopic's Terms & Conditions is obviously down,
but you can see the cached page held by Google by following this link:
http://209.85.229.132/search?q=cache:http://fotopic.net/about/terms.php&strip=1


Alternatively if one goes to the Google homepage and enters this
*exact* string as a search term in the search box then the cached page
should be displayed:
cache:http://fotopic.net/about/terms.php


Note that Google don't keep cached pages for long once they've
disappeared off the web (i.e. the above links will only work for so
long if Fotopic stays down), so you would be wise to save a copy of
that page on your computer.
.

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