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Color
Climax Corporation, ApS of Copenhagen, Denmark and Digital Graphic
Systems, AB of Stockholm, Sweden (administrator of the Color Climax
Web site) have filed the first of several planned lawsuits against
Internet users who are infringing Color Climax's copyrights and trademarks.
The complaint,
filed on July 31, 1998 in the Eastern District of New York against
an Internet user going by the name "Bile" alleges copyright
and trademark infringement as well as unfair competition resulting
from Bile's posting Color Climax works to usenet news, selling Color
Climax's works on CD-ROM, and maintaining the "CRC" list
for use with the "JPEG Sheriff"-a software package used
by infringers to inventory their stolen images.
This
suit is the first in a campaign intended to show Internet users that
copyright holders such as Color Climax do monitor the Internet and
will no longer tolerate the theft of their intellectual property.
"Bile's" actions have earned him the honor of the first
suit in Color Climax's anti-piracy campaign. A spokesman for Digital
Graphic Systems stated that the company will no longer tolerate the
flagrant distribution of the copyrighted Color Climax material in
Newsgroups and on the Internet:
"By
posting our material to the Newsgroups, we are very concerned that
minors have ready access to the same content we provide through our
Web site which is restricted to consenting Adults only. Furthermore,
anyone who is selling CD-ROMs of our images or who has our material
on their Web is infringing on our copyrights and will be prosecuted
to the fullest extent of the law. Internet users have to realize that
they can't give away, even for free, what does not belong to them.
By these suits we hope to make other infringers aware that intellectual
property laws are important, and that we will take the necessary steps
to stop any violation of our copyright interests."
"This
is the first suit of several that Color Climax and Digital Graphic
Systems have planned," stated an attorney at the Chicago law
firm of Davis, Mannix & McGrath, who prepared the suit against
"Bile". "We have been collecting evidence against various
usenet news posters and Web site operators for some time. It always
amazes me that people openly solicit copyright infringement by posting
their 'wish lists' of infringements to usenet news in order to build
their collections of stolen images. Posting or downloading even a
single image is a likely violation of the law. What some Internet
users think is merely a harmless hobby could give rise to substantial
liabilities."
Many
Internet users are under the misimpression that works posted to usenet
news are "public domain" and are free for the taking. In
fact, they are still protected by the copyright laws and international
treaties. Because of the way computers operate, downloading a single
image is enough to result in tens of thousands of dollars in potential
liability.
"People
subscribe to our Web site because we run a trustworthy operation,"
stated the President of Digital Graphic Systems. "The trust of
our subscribers has been earned by showing them that we take our business
seriously-whether it is providing a discrete, quality service, or
whether it is preserving the value of a membership by stopping the
rampant distribution of our copyrighted works all over the Internet.
We encourage people who have unlawful copies of our works to delete
them. We will no longer tolerate any violations, and we are taking
the protection of our intellectual property as seriously as any other
part of the business Digital Graphic Systems and Color Climax have
spent 32 years building.
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