First, a disclaimer.  I am, thankfully, not a lawyer.  Anyone who is,
feel free to flame me on factual errors.  What actual harm has the great
criminal Gardner done?  I think this has been blown hugely out of
proportion by the small number of pros who are still mad because they
can't make a living shooting trains, and want to drag the rest of us
down.  Intellectual property is still a very grey area, both ethically
and legally, as anyone who has changed jobs within an industry lately
can tell you.  When that property is distributed for free, things get
really interesting.  Is taping a TV show for a friend any different than
copying a photo from a web site and reposting it with credit intact?  I
don't know, and niether do a lot of lawyers and judges. Railfanning is
just a hobby for me, so unfortunately I just can't get that exercised
about this.  If I make an occasional buck or two at it great, but that's
not why I do it.  If someone was making money off me, that would be
different.  From my limited time on his site, he looks to be trying to
collect a lot of images in one place so someone doesn't have to crawl
around 50 web sites looking for a photo.  Nowhere did I see him claim
that these photos were his own.  Legal subtleties notwithstanding, he
made the brazen assumption that people who post their photos on a web
site were interested in their images being seen!  Silly boy.  Dave, I
would like to see what your lawyer would say about this, and what sort
of "pain and suffering" has been caused to the "injured" parties.  More
than likely, he would write a cease and desist letter, pocket your fee
and that is it.  In any case, I guess you 'pros' will all just have to
go back to hoarding your treasures and only sharing them with the
'worthy'.

Roger Rassche
alone in the wilderness
-> SPORRS: Serious Photographers of Railroad Related Subjects
-> Web Site: http://www.anet-stl.com/acphotog/sporrs


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