Technically all you should need to do is to send an e-mail to [email protected] but you should also write to them at their head office stating that you are the legal owner of the photos you have uploaded, list them and make it clear that you are withdrawing their licence to use, display or profit from your photographs in any way shape or form and request that all copies are deleted from their databases. If this does not work you need to get your lawyer involved.
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Originally posted by cjaTechnically all you should need to do is to send an e-mail to [email protected] but you should also write to them at their head office stating that you are the legal owner of the photos you have uploaded, list them and make it clear that you are withdrawing their licence to use, display or profit from your photographs in any way shape or form and request that all copies are deleted from their databases. If this does not work you need to get your lawyer involved.
E-mail *or* snailmail.
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I suggest a cease and desist letter in registered snail mail detailing which photos are to be removed, what deadline you give them to do that, that you explicitly decline to accept their new terms of use for any and all content you have submitted at any time and what legal consequences they will face if they fail to meet your requirements. For example, they say $40 must be paid for each "UNSOLICITED EMAIL OR OTHER COMMUNICATION".
Hopefully they'll understand that. However, I'd wait for the announced revision of the terms until next Friday.
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Hmm...
I am seriously concerned here...
This:
5. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS- Your License to Airliners.net.
- Subject to your right to terminate your license to us as described in Section 5(C), you hereby grant Airliners.net an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed, for purposes such as (but not limited to) promoting the Site or promoting the availability of such Content on the Site.
- You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. While it is our general policy to include your name alongside your Content, we are not obligated to do so.
plus this:
Effect of Termination. Upon termination of your Account or the Service, your agreement with Airliners.net pursuant to these Terms will also terminate, except that the following provisions survive the termination: Section 4 "Posting Content on the Service; Representations and Warranties," Section 5 "Ownership of Rights; License Rights; User Submissions," Section 9 “Protection of Content,” Section 13 "Indemnification," Section 14 "Disclaimer of Warranties," Section 15 "Exclusion of Damages; Limitation of Liability," and Section 19 "Additional Terms" and the Privacy Policy. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.
This also caught my eye:
CUSTOMER SUPPORT. We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions using your Account
Again perhaps legal crap to ensure safety in the all too eager to sue United States, but I don't like it...
you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
This, of course, is the part of the most concern:
- Your License to Airliners.net.
- Subject to your right to terminate your license to us as described in Section 5(C), you hereby grant Airliners.net an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed, for purposes such as (but not limited to) promoting the Site or promoting the availability of such Content on the Site.
- You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. While it is our general policy to include your name alongside your Content, we are not obligated to do so.
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Originally posted by cjaHas a statement been made that a revision will be made?
"Deeplight" is the a.net general manager employed by Demand Media.
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Reply # 2
Hello Everyone
I'm back on line.
Please remember the TOU were vauge and not proportionate to the size Anet had grown to and were written by someone Johan worked with. We are not a large company but we do have a legal dept and they stepped in. I have been very busy with engineering and programing and general business issues to micromanage these guys. I WILL NOW.
Legal sttepped in and I made a mistake by not sheparding this process to all of you .. MY MISTAKE. I' VERY SORRY and I will make sure this works for all of you.
Please be patient and I will fix this situation. We will provide a summary to everyone that explains everything and note the changes in language...what more can I say for now?
Best Regards to all of you. You ARE Anet
Paulo
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Originally posted by CPH AviationMy photos arestill online there and have not been deleted yet!
I can't post in the a.net forum, I'm not a paying member over there or can i???
I think that by people starting to pull there photos from there DB they hopefully will get the point. Know a few other danish spotters that are also realy to pull there photos!
Soren
Ivan
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