Copyright Trolls Now Going After Random Bloggers Who Reposted Photos
from the this-won't-end-well dept
As noted by the Cashman Law Firm, this whole practice seems really icky. Yes, technically, the law may have been broken, but does anyone actually think that these users would have otherwise purchased the image? And is hitting the ordinary internet user who just wants to illustrate their blog post about red peppers with a federal lawsuit threat really seem proportionate?
On a personal note, hitting website users with a threat of a lawsuit over an image pulled from a Google image search is simply obscene. I would certainly understand such a letter if the image had a watermark pointing the user to a website where they can purchase rights to the photo without the watermark, or if there was a copyright mark on the image. Yet these photos have none of these, and they are literally trolling old websites and blogs looking for photos which were copied from other websites.And, in fact, it appears to be even worse, since that same blog post later indicates that at least some of the people being threatened had the images show up via third party RSS aggregators -- meaning they didn't post or host the image themselves. But, that's the kind of situation you get when copyright laws are completely screwy.
What makes this so obscene is that the photo copyright owners are asserting the same copyright infringement claims as do the copyright holders for the bittorrent cases we deal with daily. Along with the same copyright claims come the same shock of having the law provide statutory damages of $150,000 to the copyright holder who can prove the infringement. $150,000 for a movie download in my mind is an obscene and disproportionate punishment for the “crime” of downloading a copyrighted title. Even moreso for a photo. AND, even moreso for an unmarked and unwatermarked photo freely available on a Google image search.