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Messages - shotupdave

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1
what is your budget?

2
Selling Stock Direct / Re: grfx Main Site Rebuild. Updates.
« on: July 24, 2015, 06:59 »
thx

3
   I think there is a flaw in your theory. Most serious microstock buyers don't use Google to search for an image to buy. They use their favorite agency. In fact, most of the big advertising agencies have contracts with Shutterstock, iStock, Dreamstime, etc. The search results for an image within the agency, doesn't involve Google.

That's what I've always thought.  I don't imagine many serious buyers use google to find an image.

The only people who use google to find images are not looking to buy them.

4
Selling Stock Direct / Re: Do you recommend Symbiostock?
« on: May 12, 2015, 12:39 »
In what world do you live in. the person making the assertion has to prove his point. And the united states does not use common law. And robin is not telling anyone that they caanot use the older version. in fact he said you can use the older version as long as you want, but there will not be any support from him.

i do not understand why you have such bad feelings for this man, you sound like a whiny brat

5
Symbiostock / Re: The new Symbiostock is here!
« on: May 11, 2015, 08:05 »
Steve has a very valid point

why do you think that, would not anyone reading this thread, know this is a new roll out.

6
Symbiostock / Re: The new Symbiostock is here!
« on: May 11, 2015, 05:04 »
I considered maintaining the versions, but I think that would be more confusing since the new Symbiostock is different in more ways than one. Accordingly, the use of the word 'legacy' is more apt a term for it, especially from a software standpoint.

you really don't get it -- if someone searches for symbiostock, they'll find v1.0 and v3.3.8   - which one are they going to try?   but you're in charge.....

are you just trying to start problems or do you have any reasonable input.

7

.... 
3. You killing Symbiostock by claiming Symbiostock is a trademark in your property.

That is is a claim that you have to prove. And if Leo gave him the rights to the name, it is his right to do so. 

....
get your basic facts right ---- 

it's Robin who must prove his claim, since he makes it such a prominent part of his offerings --

Leo sold Robin the rights to the new version of symbiostock, but no rights to anything related to the original symbiostock

Leo COULD NOT have given robin the trademark robin claims, since Leo NEVER TRADEMARKED the word symbiostock.   Leo SPECIFICALLY made symbiostock a brand that ANYONE could use, and said so EXPLICITLY in this and other forums, many times.  Leo ENCOURAGED anyone interested to register domain names that included symbiostock, such as symbiostock.info and symbiostock-network.com -- that made symbiostock difficult if not impossible to ever trademark due to common law and prior usage

Again you show nothing but ignorance, first you made the claim the robin did not register it, now you are saying leo did not. having a website with the name symbiostock has nothing to do with the product. we do not use common law in us federal laws. so agin you are wrong.

8


 ;D

I have no problem with it if someone offers a service to Symbiostock and wants money for it. But Robin claimed in his EULA Symbiostock completely for itself. He wants to offer any service for Symbiostock he wants to be Symbiostock.

If Leo gave it to me him why can't he claim it.
Symbiostock was always an open community.

So was Linux but now many instances you have to pay for it. Do you think you have any right to get anything for free all of the time. And the only charge will be if you have a site hosted by him. So what is the problem?


And that is important because it can not be bought by the industry or any agency do close it. For me is therefore important that will clarify whether Symbiostock is a free term. But Robin does not comment on this.

He has made tat completely clear, it will be given away as a free plugin

And if I know who he is, I can better assess whether he is a contributor or just a businessman.

And if it he is just a businessman, are you not just a businessman offering  a service too, or do you give all of your images away?

You still have not given any valid reason to know him.
[/quote]

9



1. You killing the fantastic idea by not supporting any networking features.

He may add them in a later version, and you can still run the older version until he does.

2. You killing the spirit of Symbiostock (free speech and independence) by blocking, ignoring and censoring.

There is no such thing as free speech on a privately owned board. Your rights end when you sign on. He can control what is said and by whom. Can I go onto your site and say anything on your stock site?
3. You killing Symbiostock by claiming Symbiostock is a trademark in your property.

That is is a claim that you have to prove. And if Leo gave him the rights to the name, it is his right to do so.
4. You are a contributor and want only to contribute to your terms?

It is his code and his plugin, and the plugin will work on any other independent site and their is no cost. The hoting is an option that can refuse to do, So why any complaint.
Funny no name/address can be found but the prices for Symbiostock plus are already online.

Can you give me a valid reason, why you require this information?


It may be that you are not a photographer/illustrator but your attention especially is on the monetization?

Funny, you want to use his software for the idea of profit but complain he wants to profit too. That by very definition is a hypocritical attitude.


You have not understood what constituted Symbistock it could have been a revolution! Now it's just your attempt  to make quickly money.
Maybe you should better writing another book...

Your last comment is just an ad hominem fallacy, and shows a lack of character

10
Robin may or may not have filed an application for a trademark on the name but in the U.S. it takes about four to six months to go through the process before you are granted a registration number and there are opportunities to challenge it as well. I'm not familiar with international filing but presumably he would want to file in multiple countries since Symbiostock is in use internationally.

all true -- however here's what robin CLAIMS (from his trademark page when that section was still available online):

2. Intellectual Property Rights. The Programs and each of their components are owned by Symbiostock and are protected under copyright law and under other laws as applicable. Title to the Programs and any component, or to any copy, modification, or merged portion shall remain with Symbiostock, subject to the applicable license. The Symbiostock trademark and the Hummingbird logo are trademarks of Symbiostock.

when questioned whether he had actually registered the trademark, robin refused to answer, and no trademark has been registered in the US.

I was watching the conversation between you are Robin, and it was you that way over board on your comments. I was going to log on and tell you that you were way off base on your comments and your attitude. And your claim about him not registering it because you can not find it in the US copyright office. What if h registered in his home country. You are making claims and asking questions that really are none of your business. How about letting the man bring out the SW before the criticism starts. This is the same kind of attitude that drove away Leo.


 hilarious!  you say it's none of our business when somebody no one knows jumps in, refuses to identify himself,  and then stakes a claim to the work that dozens of people have done over 2 years???  it's none of our business what the new software he's peddling is going to cost?? it's none of our business that the terms for hosting our software can be changed at any time??? 

and,  it's a TRADEMARK not a copyright issue -- you can't copyright a name;  true, the name be registered in another country  - I never said otherwise - I only said it was NOT registered in the US and asked for clarification, since robin IS CLAIMING he has a registered trademark.  only response is silence

Is he making you but it, no he is not, did he say you have to stop using the older sw, no. In fact he stated clearly, that you can run the older sw as long as you want to, but there is  not going to be any upgrades by him. if you are a coder, you can modify as much as you want. You still have not given any logical rational reason, why you have such a bad attitude. And do you have any evidence from lets say Leo, that he did not hand over the whole concept, licence and rights to Robin. Or are you just pulling  these complaints out of your backside. You come off as a little kid screaming that someone is trying to take your candy away. Unless you are paying for this, stop compaing and use the older sw or go to another platform.

11
Why does he have to introduce himself as long as the sw works? If Leo transferred the intellectual properities to Robin, any future SW is his property, any other sw that was written and put into use still is open public source.  And yes you can trademark a name that is unique, you cannot trademark a common word.

Don't like him or his software, don't use it, plain and simple. No one is forcing you to change.

If we didn't like the terms of his EULA which he seemed to say were retroactively applied to all earlier version of Symbiostock, then you had to stop using it so I would say that yes, he was forcing us to change, away from our legacy versions if you didn't agree with his new direction.

Of course this could all be a moot point. His site has been down for at least 36 hours now and he hasn't been active here or on any of his social media sites since late last week. Hard to guess if he's given it up already or just went underground until he actually had a product to show. 

And as far as trademark goes, you can trademark a name if it's unique but I believe you need to apply in multiple jurisdictions if you're seeking international protection for your mark.  Additionally, your application can be challenged if someone can show prior use. You can also be challenged after registration has been granted.  I handle trademark registrations at my day job and last year we had one of our marks challenged by someone using it for a product that was different but within the same class number (trademarks are granted for use in the specific class(es) applied for as applicable to the product it is used for).  Our attorneys advised that we accept the proposed solution of a contract that allowed joint use within the class for separate categories of sub-class as they said the other company's prior use would give them a strong case if they were to challenge us.

First you do not have to register your trademark in multiple places. In fact people in other countries can registered their trademarks and copyrights here. And no you can not challenge it, you can use the older SW that has been released as open source. Case in point many of the Linux packages were one all free and open source, now many of them are only for purchase.

12
Why does he have to introduce himself as long as the sw works? If Leo transferred the intellectual properities to Robin, any future SW is his property, any other sw that was written and put into use still is open public source.  And yes you can trademark a name that is unique, you cannot trademark a common word.

Don't like him or his software, don't use it, plain and simple. No one is forcing you to change.

13
Robin may or may not have filed an application for a trademark on the name but in the U.S. it takes about four to six months to go through the process before you are granted a registration number and there are opportunities to challenge it as well. I'm not familiar with international filing but presumably he would want to file in multiple countries since Symbiostock is in use internationally.

all true -- however here's what robin CLAIMS (from his trademark page when that section was still available online):

2. Intellectual Property Rights. The Programs and each of their components are owned by Symbiostock and are protected under copyright law and under other laws as applicable. Title to the Programs and any component, or to any copy, modification, or merged portion shall remain with Symbiostock, subject to the applicable license. The Symbiostock trademark and the Hummingbird logo are trademarks of Symbiostock.

when questioned whether he had actually registered the trademark, robin refused to answer, and no trademark has been registered in the US.

I was watching the conversation between you are Robin, and it was you that way over board on your comments. I was going to log on and tell you that you were way off base on your comments and your attitude. And your claim about him not registering it because you can not find it in the US copyright office. What if h registered in his home country. You are making claims and asking questions that really are none of your business. How about letting the man bring out the SW before the criticism starts. This is the same kind of attitude that drove away Leo. 

14
yes, the forums are open again on their new server, and I just need to open everything up

s

Thank you

15
Newbie Discussion / Re: yaymicro and pixta
« on: July 15, 2014, 15:53 »
no one ever goes to yay, poor marketing poor customer sevice. and getting them to pull the photos in an exercise in futility

16
Symbiostock - General / Re: Bye bye
« on: July 08, 2014, 12:25 »
it is this kind of negative talk and attitude that caused Leo to finally say enough is enough. I am amazed than Leo spent as much time as he did on the project with the kind of crap he had to put up with. This was basically a fre adventure, if you could not afford a couple of hundred $ and some time to setup your site, go get a job at Target or McDonald's.

17
Better re-evaluate that comment

http://blogs.marketwatch.com/behindthestorefront/2014/04/04/wal-marts-in-store-shoppers-prefer-amazon-com-not-walmart-com/

Walmart has been market shre over the past 5 quarters. They are no longer the cheapest in any of the market segments. And many people are biycotting walmart due to their employee relations

18
Years ago, when I was a young pup. I made a mistake by agreeing to do a wedding for free for a old friend. What did it get me, more requests to do the same. I did not get a single paid job for doing that. What it did get me was a whole bag of sorrow because I turned down the other requests. People could nt understand that the wedding season is a short period and I had to put money in the bank during the spring and summer to pay for my bills I had during the winter

19
I have been asked that same very question or to actually come out and shoot custom photos for them. When they have a service or retail store i usually reply that would be glad to do it for free. But the next statement is, I need "blank" amount work done at my house, can you come over and do the work for free. They always say no of course saying that they cannot do that since they need to charge to feed their kids, pay the bills etc. I tell them that I am in the same boat as they are this cannot allow my work to be used for free.

20
read the terms, just as always they can pay as little as 20 cents for any imgae

21
Nikon / Re: D200 battery instability
« on: April 25, 2014, 17:27 »
is the a camera shop nearby where you could try the motor drive? Also to yout question, the d90 of the d7000 would be a great upgrade from the d200 unless you need the weather sealing

22
Nikon / Re: D200 battery instability
« on: April 25, 2014, 11:57 »
no prob, PM your email address and I will send it to you

23
Personally I would love to have a localy owned camera store that could provide me with the equipment I need with good customer service. The local shop to me (Paul's Photo) sells everything at full list. Their customer service is horrible, when you have any prolem, they make you feel like an idiot or try to put the blame on you if the lens/body has any problems. I have dealy with B&H for years and have always gotten great prices snd great service.

24
Nikon / Re: D200 battery instability
« on: April 22, 2014, 09:58 »
what lenses do you have?

25
Nikon / Re: D200 battery instability
« on: April 22, 2014, 06:39 »
after reading about the D200 all of different message boards, it seems that the D200 has suffered power problems from the very beginning. The paper between the door and the battery was a common thread. Maybe it is fate telling you it time to upgrade.

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