1. It would seem that the alleged 'offender' has done the work. 2. The complaint comes down to 'was it original'.
3. Derivative works are not excluded from being original works. 4. The client was involved in, had input into and passed on the design. 5. The design is a relatively common "template" of which there are many examples. 6. The designed content is sufficiently dissimilar from the supposed 'original' to avoid confusion or missidentification of the respective pages. 7. The mere fact that the headers and footers are similar/have many points of similarity is moot, as how many other sites have the same or idientical headers: probably hundreds if not thousands. [ How many of us cut and paste? ] To build a case on that he would have to show that only those two sites have similar/same headers and footers. 8. The whole thing is an overreaction ( and an object lesson on how not to handle a client of course). 9.No case -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.6.11 - Release Date: 12/01/05 ____ • The WDVL Discussion List from WDVL.COM • ____ To Join wdvltalk, Send An Email To: mailto:[EMAIL PROTECTED] or use the web interface http://e-newsletters.internet.com/discussionlists.html/ Send Your Posts To: [email protected] To change subscription settings, add a password or view the web interface: http://intm-dl.sparklist.com/read/?forum=wdvltalk ________________ http://www.wdvl.com _______________________ You are currently subscribed to wdvltalk as: [email protected] To unsubscribe send a blank email to [EMAIL PROTECTED] To unsubscribe via postal mail, please contact us at: Jupitermedia Corp. Attn: Discussion List Management 475 Park Avenue South New York, NY 10016 Please include the email address which you have been contacted with.
