07-11-2012
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#1 (permalink)
| | WTF? My own penis in a "BIONIC COCK" PE ad?
I suppose I should be flattered, but since they do not have my permission to use my cock for their advertising purposes, can I ask them to take it down? I imagine an official lawyer's request for this would be rather entertaining to read! :-) Are any LPSG legal experts interested in helping me draft this request for our collective mirth? Or are they actually totally within their rights here?
(see attached screenshot, taken from xvideos.com on 11/Jul/2012; I believe the "BIONIC COCK" in the shot is from this image in my gallery)
[Full disclosure: I am in no way affiliated with the website the ad redirects to, sexpillguru.com, or its associates]
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Last edited by matthi; 07-11-2012 at 10:27 PM..
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07-11-2012
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#2 (permalink)
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I thought it was Steve Austins.
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07-11-2012
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#3 (permalink)
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Whatever you put on the internet, can and will be used.
It can be argued that your pictures are on a site anyone has access to. Unless LPSG clearly states that the use of someone else's pictures for your own purposes is restricted, there can be other possibilities.
I think blog sites can grab pictures from here?
These legal things are quite Sherlock fun.
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07-11-2012
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#4 (permalink)
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Originally Posted by matthi I suppose I should be flattered, but since they do not have my permission to use my cock for their advertising purposes, can I ask them to take it down? I imagine an official lawyer's request for this would be rather entertaining to read! :-) Are any LPSG legal experts interested in helping me draft this request for our collective mirth? Or are they actually totally within their rights here?
(see attached screenshot, taken from xvideos.com on 11/Jul/2012; I believe the "BIONIC COCK" in the shot is from this image in my gallery)
[Full disclosure: I am in no way affiliated with the website the ad redirects to, sexpillguru.com, or its associates] |
Indeed that is your apparatus. All of the veining and relief are the same. I would think there's coin to be made but I'm not a lawyer. As long as you still have the original. ;)
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07-11-2012
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#5 (permalink)
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Originally Posted by MysticMedusa As long as you still have the original. ;) | Good point! I keep the original in a highly secure, regularly monitored operating environment, but maybe I need to explore adding additional layers of security... (:
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07-11-2012
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#6 (permalink)
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Originally Posted by here4something Whatever you put on the internet, can and will be used.
It can be argued that your pictures are on a site anyone has access to. Unless LPSG clearly states that the use of someone else's pictures for your own purposes is restricted, there can be other possibilities.
I think blog sites can grab pictures from here?
These legal things are quite Sherlock fun. | I'm not versed in this at all, but to my knowledge there is some kind of distinction between merely linking or grabbing, and using for commercial purposes.
It's possible this only applies when the original author/artist/subject asserts copyright. Maybe LPSG actually owns this?
(Yes, I enjoy finding out the legal intricacies of these things, especially when the subject matter is mildly absurd. :-))
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Last edited by matthi; 07-11-2012 at 11:16 PM..
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07-11-2012
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#7 (permalink)
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because your pics are on LPSG maybe they have something in their own rules that say pics on their site can be used for certain purposes (i mean, who knows all the legal jibberish?).
however, even tho people and companies lift, borrow or totally steal pics all the time, it is not legal. if they are your pics and you have not give permission for an outside person, agency or company to use, then you have the legal rights to have them cease using them.
even tho they may not have been copyrighted, they are yours and you have not given permission for them to be used, especially for an enterprise that is using them to make money. if you had given permission then you could be making residuals from sales.
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7.25" x 6" - curved to the left
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07-11-2012
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#8 (permalink)
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That is a marketing exploitation and deception to the public. Talk to a lawyer asap.
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07-11-2012
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#9 (permalink)
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I'm a lawyer and I can tell you if that is in fact your penis, there is virtually no way you'll be able to adequately prove it in court. And even if you could, how do you attach a value to the image for the purposes of monetary recovery considering you openly posted it on the internet?
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07-11-2012
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#10 (permalink)
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Originally Posted by matthi Good point! I keep the original in a highly secure, regularly monitored operating environment, but maybe I need to explore adding additional layers of security... (: | As you can clearly see from this theft it is definitely a precious commodity! ;)
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07-11-2012
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#11 (permalink)
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...also, good luck finding an attorney to take the case unless its to syphon money off you in the form of legal fees (since it would never be taken on contingency) knowing full well that no settlement will be forthcoming. The case is a dog if ever I've seen one.
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07-11-2012
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#12 (permalink)
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You might have to look into what sound a Bionic Penis would make..... Bionic Man Sounds
Be flattered, could be a good pick up line. :)
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07-11-2012
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#13 (permalink)
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Thanks to TurkeyWithaSunBurn for pointing out that there is precedent for this: Calboner's penis was similarly exploited, as he explains in this thread. I'll ask him what he found out.
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07-11-2012
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#14 (permalink)
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Originally Posted by MalakingTiti I'm a lawyer and I can tell you if that is in fact your penis, there is virtually no way you'll be able to adequately prove it in court. | Thanks for your input! To be clear, I'm not in it for the money, and honestly it doesn't bother me. I'm just curious about what, legally, may be possible, and what entertaining communication or procedures could be created!
So if I understand you correctly, for faces it is accepted and easy to determine if a certain face belongs to a certain person. But not for penises? I don't think I'll have trouble getting the expert testimony of some LPSG members confirming a match. :-)
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07-11-2012
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#15 (permalink)
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Originally Posted by matthi Thanks to TurkeyWithaSunBurn for pointing out that there is precedent for this: Calboner's penis was similarly exploited, as he explains in this thread. I'll ask him what he found out. | He has more of a case, but not much more.
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