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Who is this guy? giacomobehar3wkj


ethernautrix

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Give the guy a deadline to take down photos and let him know that if they aren't removed by the deadline, the next person he'll be hearing from is your attorney..... :)

FP Addict & Pretty Nice Guy

 

 

 

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Oh (Potty Mouth). This jerk has the audacity to counter "where did I use 'your' photo?"

He stole two of my photos:

Christie

Montblanc Agatha Christie Fountain Pen

 

I'll get him closed down.

Best regards, Kai

Montblanc 13x, #20/25/30/40, 244/6 Green Marbled, 322 Azure Blue, 234 1/2 G/PL, 256, 220, 34.

Montblanc 144G Grey, 146G Green Striated, 146 Silver Barley, 149 (50s-00s).

Montblanc WE Christie, Imperial Dragon, Wilde, Dumas, Dostoevsky, Proust, Schiller, Verne, Mann, Twain. PoA Prince Regent, Morgan...

Visconti Pontevecchio LE, Metropolitan Gordian Knot, Ripples. Omas Paragon Royale Blue HT, Extra Lucens Black LE. Pilot Silvern. Pelikan 620 Shanghai, 800 Blue o Blue.

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Ha ha ha, thanks, MsLoathsome! I'm thinking of using his photo and putting him up for bid on ebay, see what happens. I suppose that would be wrong. Kindv like using other people's photos without their permission to sell stuff. I wonder if he even has the pen.

 

NABodie, I have started tagging my photos, and went over most of my pen photos a few months back to tag those, after I saw a couple of my photos being used in blogs without proper citation. I don't mind the blog posts so much if there's proper citation. So I had to tag some photos and upload those. You'd think people would understand the reason for that. Wait, what? Did I just expect people to behave ethically? Silly me.

 

jpr, I took a screenshot of the page and saved it as a jpg.

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etherX in To Miasto

Fleekair <--French accent.

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Lisa you might want to start taging the face of your photos with the copyright symbol and year. It dosn't have to be big just visable like on this shot.

 

Here's the updated photo in my flickr account (you can see the original "watermark" in white: "Photo by Lisa Miyako"). I was hoping that it was a live link to his eBay post, but he must have copied the photo (THIEF!):

 

http://farm4.static.flickr.com/3045/2598527372_11e48f1c7d_o.jpg

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etherX in To Miasto

Fleekair <--French accent.

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Offbase: I didn't use the words "cease and desist" or "copyrighted materials." Here's the correspondence so far:

 

On Nov 30, 2009, at 2:10 PM, "eBay Member: ethernautrix" <mailto:> wrote:

 

Dear giacomobehar3wkj,

 

Please stop using my photo. You did not ask permission to use it, and I am not giving it to you regardless. I don't post my photos to help other people sell merchandise.

 

Thank you in advance for your cooperation.

 

Lisa Miyako

 

- ethernautrix

 

And then he responded:

Subject: Re: ethernautrix has sent a message

Received: Nov-30-09

From: giacomobehar3wkj Expires: Nov-30-10

To: ethernautrix

 

Dear ethernautrix,

 

Where did I use "your" photo?

Please let me know.

 

Sent from iPhone. Please forgive any typos or terseties.

 

Kind Regards,

 

Giacomo Jacques BEHAR

Attorney at Law

 

Behar International Counsel, PLC

 

Emerald Plaza Building

402 West Broadway, Suite 720

San Diego, California 92101

Tel. (001) 619 234 5962

Internet: (direct) mailto:

and

mailto: (office.)

 

To which I replied:

Dear giacomobehar3wkj,

 

Here's the listing: http://cgi.ebay.com....tn%3D1%26ps%3D6

 

That's my photo of the Agatha Christie ballpoint, the one with MY NAME ON IT. Please stop using it.

 

Lisa Miyako

Edited by ethernautrix

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etherX in To Miasto

Fleekair <--French accent.

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I guess I was right. That was the guy.

 

Your detective skills are amazingly fast! Thanks, Ricky!

 

 

No problem. It was something more interesting than the safety web course on ergonomics I was taking at the time.

 

 

Here's some stuff I dug up while 'investigating'.

 

http://local.yahoo.com/info-31175697-giacomo-behar-behar-international-counsel-san-diego

 

He also buys a lot of Shiseido products.

2020 San Francisco Pen Show
August 28-30th, 2020
Pullman Hotel San Francisco Bay
223 Twin Dolphin Drive
Redwood City Ca, 94065

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I don't think you can pass the Bar without being able to read - if you really want to send him a message - should he get nasty - report him to the ethics board where he practices. Anybody who makes it all the way through law school knows not to do something like this - heck, people who haven't attended law school know better.

I wonder if he understands "All rights reserved. Do not use without my written permission."

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He has credited Lisa....... as photographer though. However, how lazy: and how not nice to have asked permission ?!!!!???? just to add: I've seen tens of people knock off Tays pics from Peninasia ('cause they're so great of course.)

Thanks

Edited by MidnightBlue
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He has credited Lisa....... as photographer though.

 

I don't see where he has credited me with being the photographer. He stole my photo. My photo has the mark I put on it (the part that says "Photo by Lisa Miyako"). Also, I told him in my first short missive, the one he replied to, that I did not grant him permission to use my photo. So even if he did write in a huge font size "Photograph by Lisa Miyako/ethernautrix," he would still be wrong, cos I told him that I do not give him permission to use my photos to sell his merchandise. I directed him in no uncertain terms to stop using my photo.

 

Tanglewood, I think I will send a letter to the State Bar of California. The eBay listing is up for another four days. I'm sure this (trying not to swear, trying to give him a chance to make it right) is going to wait it out.

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etherX in To Miasto

Fleekair <--French accent.

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It is pretty clear this guys is stealing pictures from all over the net. Many of his 'picture' are only small thumbnails since he did not have access to the original pictures.

 

 

I looked at his other auctions. Many are pictures from the manufacturer's site. On the Boheme auction he stole a picture from WorldLux.

 

One of the pics from his Parker Snake pen auction looks like it came from David Nishimura's site. He also stole some Parker pictures from FPN.

 

 

Take a look at the pictures on this thread and compare them to the one in the auction.

 

https://www.fountainpennetwork.com/forum/index.php?showtopic=37815

 

http://cgi.ebay.com.au/PARKER-SNAKE-SILVER-FOUNTAIN-PEN-LIMITED-EDITION-LNIB_W0QQitemZ250539608020QQcmdZViewItemQQptZLH_DefaultDomain_0?hash=item3a555307d4

Edited by AltecGreen

2020 San Francisco Pen Show
August 28-30th, 2020
Pullman Hotel San Francisco Bay
223 Twin Dolphin Drive
Redwood City Ca, 94065

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He has credited Lisa....... as photographer though.

 

I don't see where he has credited me with being the photographer. He stole my photo. My photo has the mark I put on it (the part that says "Photo by Lisa Miyako"). Also, I told him in my first short missive, the one he replied to, that I did not grant him permission to use my photo. So even if he did write in a huge font size "Photograph by Lisa Miyako/ethernautrix," he would still be wrong, cos I told him that I do not give him permission to use my photos to sell his merchandise. I directed him in no uncertain terms to stop using my photo.

 

Tanglewood, I think I will send a letter to the State Bar of California. The eBay listing is up for another four days. I'm sure this (trying not to swear, trying to give him a chance to make it right) is going to wait it out.

 

Go for it. They will evaluate the facts and determine whether there is an actionable offense. Your only role is to bring it to their attention.

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Sunnerd, here's a link to the THE STATE BAR OF CALIFORNIA, CALIFORNIA ATTORNEY COMPLAINT FORM. I've printed it out but haven't reviewed it closely yet. My plan is to fill it out tonight, see if I can e-mail my complaint in addition to sending it by USPS -- time being of the essence. If you filled one out, too, we'd both have a stronger case about this guy's lack of moral character. Four days and 16 hours.

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etherX in To Miasto

Fleekair <--French accent.

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Lisa, I think that even if the auction ended, you have the screen shot of the auction. Proof, as it were.

Hence, he profited from a crime.

I don't think you are relegated to the time frame of the auction to make your complaint valid.

Edited by jpr

Ah, that fresh ink on paper look!

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Sunnerd, here's a link to the THE STATE BAR OF CALIFORNIA, CALIFORNIA ATTORNEY COMPLAINT FORM. I've printed it out but haven't reviewed it closely yet. My plan is to fill it out tonight, see if I can e-mail my complaint in addition to sending it by USPS -- time being of the essence. If you filled one out, too, we'd both have a stronger case about this guy's lack of moral character. Four days and 16 hours.

 

Does your site have a general admonission t the effect of, "All photographs copyrighted material of (you), unauthorized use prohibited?" I only ask because I don't see a copyright symbol on the photo, and I have the feeling that's going to be the back up to his claim of ignorance.

Edited by offbase
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Sunnerd, here's a link to the THE STATE BAR OF CALIFORNIA, CALIFORNIA ATTORNEY COMPLAINT FORM. I've printed it out but haven't reviewed it closely yet. My plan is to fill it out tonight, see if I can e-mail my complaint in addition to sending it by USPS -- time being of the essence. If you filled one out, too, we'd both have a stronger case about this guy's lack of moral character. Four days and 16 hours.

 

Suggestions only: Make copies of "his" correspondence with you - send it with the eBay screen shot - also, send a screen shot of your flickr page pertaining to the matter at hand. Attach to complaint. I would reference Sunnerd bringing it to your attention in your narrative, and mention the grievance there as well in the process.

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Most likely he is doing a google image search for that pen and using the images that pop up in the search. All the other images I saw on the auction were thumbnail size, Lisas image looks to be the only one that had any size to it.

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It is pretty clear this guys is stealing pictures from all over the net. Many of his 'picture' are only small thumbnails since he did not have access to the original pictures.

 

 

I looked at his other auctions. Many are pictures from the manufacturer's site. On the Boheme auction he stole a picture from WorldLux.

 

One of the pics from his Parker Snake pen auction looks like it came from David Nishimura's site. He also stole some Parker pictures from FPN.

 

 

Take a look at the pictures on this thread and compare them to the one in the auction.

 

http://www.fountainp...showtopic=37815

 

http://cgi.ebay.com....=item3a555307d4

 

Ruh-Oh... :blink:

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I've replaced the photo with the original one, but here is the list of tags to the right of the photo. The last one is new. I don't remember when I added the copyright symbol and my name, but it was "a while ago." The rest have been there since June 21, 2008.

 

I believe that the copyright symbol is a formality. I own the copyright whether or not I plaster my photographs with it or not. Am I right? And anyway, what ATTORNEY doesn't know to do his due diligence? I'm not an attorney, and I understand due diligence!

 

Here are the tags:

 

Montblanc Agatha Christie (ballpoint) [x]

 

June 21, 2008 [x]

 

Photo by Lisa Miyako [x]

 

All rights reserved [x]

 

Do not use without written permission [x]

 

I like pens. [x]

 

Montblanc [x]

 

fountain pen [x]

 

© Lisa Miyako [x]

 

NO! YOU DO NOT HAVE MY PERMISSION TO USE MY PHOTOGRAPHS TO SELL YOUR MERCHANDISE ANYWHERE. DO NOT USE MY PHOTOS. [x]

 

 

_________________

etherX in To Miasto

Fleekair <--French accent.

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