BMW i5 and 5-Series Forum

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      08-08-2017, 04:16 PM   #23
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Dude if you really need the arrows shit Can the 360 and get yourself a V1 with custom sweeps.you can pretty much program it to be as quiet as the 360
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      08-08-2017, 05:08 PM   #24
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Sorry, but you didn't hit the lawsuit jackpot on this one.

A small claims lawsuit would be difficult to pursue because you'd have some complicated jurisdictional issues. Your state laws might allow you to sue them in your home state... but you'd still have to serve them with the lawsuit somehow.

In small claims court, you aren't allowed to have a lawyer. So what if you want to hire a lawyer to represent you?

Be prepared to write a big check up front. Lawyers only take cases on a contingent case (meaning they don't get paid unless you win the case) when they think there's a strong possibility of winning, you have substantial damages, and the other side has the ability to pay.

One post talks about putting them out of business. That's the last thing you want because a bankrupt company has no ability to pay.

If you start threatening legal action or sending cease & desist letters, a smart company will shut down communication and wait to hear from your lawyer.. because they know this matter isn't worth the time any money you would have to invest to hire a lawyer.

Any damages you might be able to claim were mitigated by their efforts to settle it amicably, including offering to make you a beta tester for new products.

I'd suggest you follow up by thanking them for their prompt reply. If you really want them to take your photos down, politely ask them to do it. If you think you should receive more than what they've offered, say, "I appreciate the offer, but I put a lot of time into those photos and I was thinking that (what you think is fair, plus a little more for negotiating room) would be more reasonable.

In the eighteenth century, the French philosopher Voltaire said, "I was never ruined but twice; once when I lost a lawsuit, and once when I won one." His point -- that suing someone is as stressful as getting sued yourself -- is even more true today.
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      08-08-2017, 05:35 PM   #25
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I hate it when this happens...
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      08-08-2017, 05:59 PM   #26
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that sucks. back when I had a 350z, I got a business card from some guy with a stereo install business. looked at the car and it had a picture of my car he lifted off of a forum. I told him I was not cool with that.
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      08-08-2017, 06:04 PM   #27
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There are a ton of pics on ebay of a forum member's car with a real M3 CRT lip used to advertise knock-off CRT lips that they are selling...

I feel like every picture should have a water mark in the middle of it if you care about it. Otherwise people will use it all over the web.
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      08-08-2017, 07:07 PM   #28
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At most you'd be able to get them to stop using the photo. You're not getting a payday here. What % did the photo really contribute to their sales of the product? 1%? Less than 1%? I'm pretty sure the vast majority of people didn't buy the product because of your photo. So, unless the photo is a part of your intellectual property portfolio that has a bunch of value, it's best to either just let this go or get some sort of recognition.
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      08-08-2017, 08:04 PM   #29
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I mean I get it... its not cool on the company's part... but what exactly is your expectation here? They took a few random pics you took while installing their product... they can take them down if you'd like, but it kind of ends there...
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      08-08-2017, 08:37 PM   #30
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😂😂😂 you must be kidding me over stinking pics
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      08-08-2017, 11:56 PM   #31
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Quote:
Originally Posted by BayMoWe335 View Post
Send them a cease and desist to let them know you're serious. They'll have to pull all that shit and if they don't, sue them. Will probably put them out of business.
It would probably bankrupt the OP long before that happens. The damages in this case wouldn't be worth the expense it would take... and if he succeeded in putting them out of business, they wouldn't be able to pay them even if they won.

Most people who go around threatening "I'LL SUE YOU" have absolutely no idea how much time, effort and expense is involved. Lawyers just pat them on the head like a dimwitted child and say, That's nice, dear."
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      08-09-2017, 12:39 AM   #32
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Shame, nowadays no one has any shame, they copy and steal like it's nothing...
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      08-09-2017, 08:24 AM   #33
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I made contact with them and requested either an additional spare hardwire kit or full refund of the one I purchased, consideration for the prototype testing of the new mount for the M4 (they offered that) and a firm warning to the intern that they employee that what he/she did was inappropriate.

Pretty reasonable
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      08-09-2017, 10:17 AM   #34
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You made it sound like they took some of your iconic photos and profited from em. lol

Those are dopey diy pics they used to help other car guys.

I've downloaded pics off the forums before and sent them to friends to help em with installs etc.
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      08-10-2017, 10:26 AM   #35
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Quote:
Originally Posted by Lobb View Post
Similar thing happened to me. I'd posted some pictures of myself on an "adult" forum. Next thing I know, my picture is being used to advertise a gay dating website. ....
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      08-11-2017, 08:20 AM   #36
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I used to do a lot of tech articles for the Porsche club, also when I had my own website.
none of my work got plagiarized, though my links where being used.

I guess, you can watermark your pictures, so if they are used, you can prove and also dissuade people from using them without your permission.

Also think of it that imitation is the sincerest form of flattery, I guess so is plagiarism : LOL
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