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"free" Premium templates and the law

Discussion in 'BlackHat Lounge' started by kaizersuzi, Jan 25, 2009.

  1. kaizersuzi

    kaizersuzi Junior Member

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    Premium website templates are easily available to download. However, what if the template owners find out that you are using their premium template without paying for it or being a member in their club. Anyone had a problem of that kind? Any ways to avoid being caught?
     
  2. grafxextreme

    grafxextreme Regular Member

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    The internet is a huge place. Chances are pretty good that they'll never know. Even if they do know chances are pretty good that they don't keep good records and don't know who sold what to who. Then of course you have designers who could have purchased it for you to create it and they wouldn't know. And, you really should be customizing the template any way to avoid footprints. The problem is proof. I'm not saying you should steal templates or anything else that an owner sells.

    I purchased a Photoshop Video set that sells for $400 for $65 from someone on ebay. They had claimed that it was a gift and they didn't have photoshop so were selling it. I got it for a good deal and was happy until I received it. It was obviously a pirated copy. I notified the owner of the copyright. He didn't take any action. Really wasn't much he could do about it because of how expensive attorneys are.

    Of course you may find someone who is a bit more agressive and will sue based upon copyright infringement. That's bad news for you. I had someone a few years ago publish many of my articles on their website. They had copied them from a defunct business magazine that I used to write for back in the 80's. Unfortunately for them I was still the copyright owner of the articles and had registered them.

    I asked them to please remove the articles or change the contact information but they refused. My attorney sent them a letter which they ignored. Long story short I sued for $1000 per view per article. Wouldn't have been an issue if they had either removed the articles, requested permission or had changed the contact information to my current but they refused to do anything.

    I had the same problem with AOL back in the early 90's. So, it's possible but highly unlikely that the owner could come back. As long as it's for personal use you can claim "Innocent" infringement is only if the infringer "was not aware" and "had no reason to believe" that the copies constituted infringement. (17 USC ยง 504, 17 USC 504(c)(2).)

    However, if you're selling the template then all bets are off. And you're leaving yourself open for a lawsuit. Even if they can't collect from you they can get a judgement against you which will effect your credit, employment and insurance.

    Before that happens you'll get a notice from an attorney to cease and desist. At that point use another template.

    **None of this should be considered legal advice. This is just my opinion. You should contact an attorney for accurate legal advice.
     
  3. kaizersuzi

    kaizersuzi Junior Member

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    Wow. That was a nice read. Thanks a lot for the info.
     
  4. luizeba

    luizeba Regular Member

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    Well, I live in brazil, so I give a crap to all the U.S law...
    Here in br, be a hacker isn't a crime...imagine copy scripts -.-