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Old 04-11-2007, 09:43 PM   #1
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Legal Question...kind of important!

There is a person(staffer) on my site that I demoted last night and ultimately banned today. She is causing tons of problems, so we banned all of her ip's so she can't access the site. I do know that she registered with another name on a different computer so I banned that one too. Now she email's my personal email saying that all of her graphics are hers and she wants them back and that if it's not done today there will be consequences. It's just a fe avatars etc. Nothing major. Well my problem is that I have listed that "All images and posts are property of MPC unless stated" or something to that affect. Anyway, my legal question is do I need to delete those avatars or not? I am more ticked off with her because of so much that she has put me through and she wants the last word on this as always. Well me being cranky today don't want to give her the last word lol

What are my options?



...yes I need to grow up and act my age, but this is one person that can't win lol
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Old 04-11-2007, 10:05 PM   #2
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Hi Cori,

What are the graphics about? Are they family pictures or just normal images?
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Old 04-11-2007, 10:42 PM   #3
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One is of a rat and the other a Fiat(both avatar size). Others are just graphics she made for various contests for the site.
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Old 04-11-2007, 11:31 PM   #4
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I am no expert.
But if you had that about them becoming the property of your site, surely that means you ultimately get the choice of if they go or not. It's in the TOS which, as far as I know is a legally binding contract, presuming both parties are over the age where they can enter a legal contract (I would imagine this is age 18+ or 21+)
I might be wrong though, this is just something I picked up.
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Old 04-11-2007, 11:46 PM   #5
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Yes, my site is a parenting site, so most are of legal age. Ok, I just wanted to make sure before I responded to her threats.

Thanks
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Old 04-12-2007, 02:23 AM   #6
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Such trivial threats usually amount to nothing. Personally, if you have a clause in your terms of service and the images are of general nature (i.e. s/he didn't draw them, or otherwise create them and they could be done by just about anyone with access to Google), then you should be fine.

If it was a company you were dealing with, I'd say remove them, but it's a case of a member simply being upset. The law isn't going to take a second look at something so trivial.
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Old 04-12-2007, 06:40 AM   #7
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Quote:
Originally Posted by Cori View Post
One is of a rat and the other a Fiat(both avatar size). Others are just graphics she made for various contests for the site.
I can't see what the problem is if the images are just general images. I think I'd be tempted to stick by your rules.

Good luck and let us know how you get on
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Old 04-12-2007, 08:33 AM   #8
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I think you have to look at this from a business perspective, she worked for you (even unpaid), if during this time she created graphics for the site unless it was expressly stated that she would retain all rights over them i would say it is implied that all rights were transfered to the site (you).

On a more real level, leave them and see what happens, threats of "consequences" would just intrigue me, i'd wait and see what she means
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Old 04-12-2007, 09:08 AM   #9
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I also want to know what consequences she's talking about.

PS: block her on your email account.
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Old 04-12-2007, 02:16 PM   #10
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Thanks everyone! Well I did decide to leave them as they were. She is not one with a "full deck" if you know what I mean, so I am curious and intrigued as well. Conversations with her are interesting to say the least. She is the type of person that thinks she is high and mighty and always has to have the last word. She has emailed me 3 more times since last night too. I am just ignoring them.

Demojames, she actually registered on your Clutter Buggin site, so you might want to be careful as well
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