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SportsShooter.com: Member Message Board

legal question re: bandwidth
Davis Barber, Photographer, Photo Editor
Fullerton | CA | USA | Posted: 12:05 PM on 05.15.12
->> Hi All - Does anyone know the legal precedent, if any, regarding third party use of bandwidth? One of our projects got hijacked by several publications, sending us way over our allotment. The overage charges are, well, extreme. I have a couple calls in to lawyers already but thought someone here might have some info and anecdotes.

Thanks,

Davis
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Ryan M. Kelly, Photographer, Student/Intern
Newport News | VA | USA | Posted: 12:12 PM on 05.15.12
->> What exactly do you mean by "hijacked by several publications"? I'm not sure I understand the question.
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Tom Ewart, Photographer
Bentonville | AR | USA | Posted: 12:23 PM on 05.15.12
->> You sell advertising on the pages, it's an old concept the newspaper industry used to use for revenue and offset the cost of paper, ink and tallent.
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Eric Canha, Photographer
Brockton | MA | United States | Posted: 1:54 PM on 05.15.12
->> Define Hijacked... Was this a project that was behind a pay-wall, password protected, an unpublished or secret page only known to a few insiders that got leaked out?
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Kevin M. Cox, Photographer
Galveston & Houston | TX | US | Posted: 3:13 PM on 05.15.12
->> Davis, I assume what you are referring to is someone "hot linking" images from your site. This is easy to prevent with .htaccess and mod_rewrite:

There are tons of tutorials out there on Google, here is one:
http://httpd.apache.org/docs/2.4/rewrite/access.html
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Davis Barber, Photographer, Photo Editor
Fullerton | CA | USA | Posted: 4:50 PM on 05.15.12
->> No, not behind a paywall. We used Brightcove, a video system used by a lot of newspapers. Their default settings for video players allow for 'sharing.' That is, like YouTube or Vimeo, there is a 'share' button that allows a viewer to copy the embed code and place that code in their own html.

That's what happened. A lot.
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Jack Howard, Photographer, Photo Editor
Central Jersey | NJ | USA | Posted: 5:13 PM on 05.15.12
->> Wow. Good luck.

You used a third-party video hosting site that had an option for embedding the player built into the video player you posted, and people on the internet took this as a sign that they can embed the video? Unbelievable.

Of course, the HUGE difference between Brightcove and YouTube or Vimeo is that with the Brightcove model, you're on the hook for bandwidth.

I truly wish you good luck in pursuing legal action and will be interested to see what happens; though I can tell you turthfully that if I were on the jury, I'd be siding with the defendants based on the account you just gave.
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Jim Colburn, Photographer
Omaha | NE | USA | Posted: 7:27 PM on 05.15.12
->> I really don't think that there's anything you can do. If your 3rd party (Brightcove) allows linking/embedding and you've agreed to their TOS then... SOL.

IME firms that use Brightcove are more interested in page hits than bandwidth.
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Clark Brooks, Photo Editor, Photographer
Urbana | IL | USA | Posted: 8:06 PM on 05.15.12
->> "I really don't think that there's anything you can do. If your 3rd party (Brightcove) allows linking/embedding and you've agreed to their TOS then... SOL."

I concur. You lost the privilege to control the content by using their services. Davis your best bet is to take the content offline and then host it behind your own firewall with a new URL using one of the techniques offered in Mr. Cox's link.

As stated in their TOS here: "...you grant Brightcove a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote such Content elsewhere within Brightcove and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed."
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Tom Ewart, Photographer
Bentonville | AR | USA | Posted: 8:56 AM on 05.16.12
->> I'm really confused, so you put somthing on the internet, not password protected and now you are upset a lot of people looked at it. The only one you should be upset with is yourself. I'm sorry but what was your purpose of posting the material? Isn't your by-line enough....
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Matthew Bush, Photographer, Photo Editor
Hattiesburg | MS | USA | Posted: 10:26 AM on 05.16.12
->> Does your paper not have the pre-roll ads to help cover the cost because I thought part of the reason we all went to the system was because Brightcove offered CPC ad's during their pre-roll ?

I know we had a stupid Pepto ad we ran at my Gannett site and a couple of local ads.

If I remeber correctly it is per a couple of dollars per GB for usuage over your plan. I am guessing this was a version of the Thomas Kelly video because of your location so I can see how your data cap went right out the window when the video was posted but what are we talking here ? A hundred gigs or several TB's or something more ?.
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Davis Barber, Photographer, Photo Editor
Fullerton | CA | USA | Posted: 1:24 PM on 05.16.12
->> Hi All -
Thanks for the responses. Just to be clear, I'm not threatening legal action, nor am I "upset." It's my mistake and I know it. What I asked originally though is if there is any legal precedent about it.

I don't blame Brightcove - I agreed to the terms. The distinction I am asking about is what value, if any, can be put on the bandwidth I purchased for my own site that is not used by me.

For example, if I got a rental car and let a friend drive it for an errand while I stopped to eat, and then that person drove around the world with it. It's my mistake, but is there any legal precedent to tell the (no-longer) friend they have to pay their share?

That is what I am asking.

Thanks,
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Chuck Liddy, Photographer, Photo Editor
PLANET | EARTH | | Posted: 1:31 PM on 05.16.12
->> de-friend them?
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Davis Barber, Photographer, Photo Editor
Fullerton | CA | USA | Posted: 1:44 PM on 05.16.12
->> It's an analogy... :)
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Jack Howard, Photographer, Photo Editor
Central Jersey | NJ | USA | Posted: 3:02 PM on 05.16.12
->> The more I read this thread, the more I think I'd love to see this hashed out on Judge Judy.

http://www.soundboardarchive.com/game/10/Judge-Judy.html
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Jim Colburn, Photographer
Omaha | NE | USA | Posted: 6:00 PM on 05.16.12
->> "...is there any legal precedent to tell the (no-longer) friend they have to pay their share?"

Unless you said something before hand (like "bring it back by 6PM") then probably not.
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Thread Title: legal question re: bandwidth
Thread Started By: Davis Barber
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