Discussion:
Hi,
My name is Andrew Jones and i have recently been contacted by a web site claiming in have infringed on copyright. I run a web site at which is an affiliate of an On-line Poker Site (CD Poker). My web site refers players to CD Poker and pays them a percentage of the profit i receive for referring the player.
There are many sites on the internet like mine and many poker sites that offer the same systems as CD Poker and therefore can allow rake back payments.
I started my web site on the 2nd of October 2005, during mid to late October (I am unsure of the date) i came across another web site that offers a very similar program to mine (). This wasn't surprising to me and they had been in business since November 2004. I signed up with them to see what sort of programs they offered out of curiosity. Upon signing up with PokerInside i agreed to their terms and conditions without reading them. As it turns out i agreed to the conditions stated below:
COPYRIGHTS AND PROPRIETARY RIGHTS
All site content is Copyright 2005. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. In accordance with said stated applicable intellectual property rights, members agree that use of ideas, text, graphics, or other such material from PokerInside.com, in its sole discretion, can and will not be replicated in any form. If previously stated is transgressed, defending parties are liable for immediate network removal and legal repercussions under copyright infringement jurisdiction.
As i haven't directly copied their site because my site was established at least 2 to 3 weeks before the terms and conditions were agreed to is there anything i can do?
I have copies of the Terms and Conditions, dates of my web sites launch, proof of my operation before my membership with PokerInside, and i can also aquire my membership details from PokerInside as i am in contact with them trying to resolve this.
Thanks
Andrew Jones
[email]staff@paid2playnetwork.com[/email]
Answer:
Hi,
My name is Andrew Jones and i have recently been contacted by a web site claiming in have infringed on copyright. I run a web site at which is an affiliate of an On-line Poker Site (CD Poker). My web site refers players to CD Poker and pays them a percentage of the profit i receive for referring the player.
There are many sites on the internet like mine and many poker sites that offer the same systems as CD Poker and therefore can allow rake back payments.
I started my web site on the 2nd of October 2005, during mid to late October (I am unsure of the date) i came across another web site that offers a very similar program to mine (). This wasn't surprising to me and they had been in business since November 2004. I signed up with them to see what sort of programs they offered out of curiosity. Upon signing up with PokerInside i agreed to their terms and conditions without reading them. As it turns out i agreed to the conditions stated below:
COPYRIGHTS AND PROPRIETARY RIGHTS
All site content is Copyright 2005. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. In accordance with said stated applicable intellectual property rights, members agree that use of ideas, text, graphics, or other such material from PokerInside.com, in its sole discretion, can and will not be replicated in any form. If previously stated is transgressed, defending parties are liable for immediate network removal and legal repercussions under copyright infringement jurisdiction.
As i haven't directly copied their site because my site was established at least 2 to 3 weeks before the terms and conditions were agreed to is there anything i can do?
I have copies of the Terms and Conditions, dates of my web sites launch, proof of my operation before my membership with PokerInside, and i can also aquire my membership details from PokerInside as i am in contact with them trying to resolve this.
Thanks
Andrew Jones
[email]staff@paid2playnetwork.com[/email] Are you in the U.S.?
Answer:
Im in New Zealand.
Answer:
Im in New Zealand. Sorry, US laws only.
Answer:
Im in New Zealand but i assume the website i am having problems with is in the US. Whos laws does that come under?
Answer:
Im in New Zealand but i assume the website i am having problems with is in the US. Whos laws does that come under? Well, it doesn't matter where the website is -- if they wanted to enforce the contract against you, they would have to do it in New Zealand, under New Zealand law -- the U.S. courts have no jurisdiction over you, unless you come here voluntarily.
Answer:
Ah ok thanks for that. Would it affect my ability to get into the US later in life if they were to try and charge me?
Answer:
Ah ok thanks for that. Would it affect my ability to get into the US later in life if they were to try and charge me? I guess it could, but this isn't a criminal issue, it's a civil issue -- basically, it would require someone to realize you were coming to the U.S., and try and serve you with a lawsuit when you stepped off of the plane. It's probably not something you need to worry about.