| Posted by: slycin56 at August 29, 2003, 1:42 pm | | Topic: Sunny Theft of Bet2Gamble.com Property Forum: Winner Online |
No In any situation, the first to publish originally authored, written material is the legal owner of that material under copyright law. What that means is that Sunny is the legal owner of every bit of material on their sites because it was written and published by them.
Many of us copy bits of their material from their sites, and they don't mind because we're using it to market their casinos.
That's what CM does - he copies and pastes their text from the casino sites into his format - that's all he does. Truthfully, I've never looked at much of his site but from the example he posted here of the Sunny Review, there doesn't appear to be any material there that is written by CM himself. He used their written text, their legal property, in his format, then claimed it as his own creation. He then further claimed that it was covered under copyright law as *his* property and tried to force them to pay him.
The problem is.... his format and layout are not covered under copyright laws; the *text* is covered under copyright laws, but as *Sunny's* property since it was they who wrote and first published it.
In addition to that, Sunny paid him for setting that up by giving him the accounts to give away every month - in addition to his regular commission. Whether CM likes it or not that consitutes payment for performance, which makes it a legally binding contract recognized in any US Court. That also gives Sunny ownership rights to that review under both contract law and copyright law, I believe.
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