Page 1 of 3 123 LastLast
Results 1 to 20 of 57

Thread: Sggirls to be sued

  1. #1
    Senior Member
    Join Date
    Jul 2002
    Location
    Planet Eropagnis
    Posts
    2,944

    Default Sggirls to be sued

    Website hosting racy photos broke copyright law

    By Khushwant Singh

    THE company that hosts the risque but popular "sggirls" website has been found liable for copyright infringement after it was successfully sued by a modelling agency.

    In a summary judgment issued on Sept 1, Assistant Registrar Ernest Lau ordered Jeyel Technologies to pay damages and costs to Perspectives Models after pictures of two of its models were posted on the website.

    Perspectives' lawyer Roger Ngaw said the ruling was a landmark decision that had far-reaching implications for other websites that allow users to post content such as pictures, ringtones and text.

    'No longer can a host claim that he has no control over what is posted on the website and is therefore not liable for copyright infringement or libel because these were committed by third parties.

    'Hosts have to either continuously check what is on their websites or face repercussions. This judgment makes that very clear.'

    Mr Ngaw, 39, said that discussions are underway to decide the amount of damages and costs Jeyel has to pay.

    The copyright infringement surfaced in April when a friend of Nicolle, one of two models involved, saw her picture on the site.

    The picture was an exact replica of one that appeared on the Perspectives' website, including the copyright warning. There was also a picture of Nicolle's colleague Dawn.

    They immediately complained to Mr Hsu Kirk Wei, the boss of Perspectives.

    Mr Hsu told The Straits Times yesterday: 'The models did not want to be associated with Sggirls as the pictures there can get rather racy.'

    Sggirls removed the two postings two days after receiving his lawyer's letter, but Mr Hsu was not content.

    'This has happened before and Sggirls waited for our complaints before removing the incriminating material. They then claimed innocence by pointing the finger at third parties. What they did was wrong, so I decided to take them to court.'

    Mr Cyril Chan, 34, a lawyer specialising in intellectual property (IP), said: 'A host is ultimately responsible and must ensure that content does not infringe copyright or is libellous or obscene, even if it's posted by other people.'

    Mr Alban Kang, a senior IP law specialist, agreed. 'A newspaper that prints a libellous report and then insists that it was merely reporting what a certain person had said has no defence under the law.

    'That's the way it should be for website hosts.'

    When contacted through her lawyer, Jeyel's sole proprietor Kuar Soh Cheng declined to comment.

    khush@sph.com.sg
    A landmark ruiling for photographers I suppose?
    Last edited by togu; 8th September 2005 at 10:57 AM.
    "Wonders of the Human Mind. Unfathomable to the highest degree."

  2. #2
    Senior Member
    Join Date
    Mar 2002
    Location
    Some equitorial, tropical isle
    Posts
    2,398

    Default Re: Sggirls to be sued

    Its a matter of time...

    But if you kill one, I am sure there will be many more...

  3. #3

    Default Re: Sggirls to be sued

    Hi jsbn, edited your post to remove the URL, we won't want to do free ads for them.

  4. #4

    Default Re: Sggirls to be sued

    It depends on how much is the compensation. If the court settlement is less than what they are earning from the site, then it just becomes a "business decision". A business risk that is manageable.

  5. #5
    Senior Member
    Join Date
    Mar 2004
    Location
    Central West
    Posts
    1,952

    Default Re: Sggirls to be sued

    This seems to have large implications for all websites that allow third parties post content.

    I'm not sure, but going by this summary judgement - if someone posts copyrighted material (photos etc) onto ClubSnap for example, then ClubSnap can be sued for hosting this content. Seems like a lot of work on the website admins to make sure that every single piece of content posted is free of copyright issues.

  6. #6
    Senior Member
    Join Date
    Jul 2002
    Location
    Planet Eropagnis
    Posts
    2,944

    Default Re: Sggirls to be sued

    Quote Originally Posted by togu
    Hi jsbn, edited your post to remove the URL, we won't want to do free ads for them.
    hehehe... din notice....
    "Wonders of the Human Mind. Unfathomable to the highest degree."

  7. #7
    Deregistered
    Join Date
    Dec 2002
    Location
    Planet Nikon
    Posts
    21,905

    Default Re: Sggirls to be sued

    Will chioeves be next?

  8. #8
    Senior Member
    Join Date
    Nov 2003
    Location
    I'm a Llama!
    Posts
    4,751

    Default Re: Sggirls to be sued

    Hey, isn't Roger Ngaw a CS member?

  9. #9
    Senior Member
    Join Date
    Jul 2002
    Location
    Planet Eropagnis
    Posts
    2,944

    Default Re: Sggirls to be sued

    Quote Originally Posted by jsbn
    hehehe... din notice....
    Double edged sword.

    Whilst it means that CS admins can prolly carry out legal action against unrepentant leechers, it also means that the Portraits and Events Gallery might be moderated even more tightly to prevent copyrighted photos that had been brought over by a modelling/events company to be shown?

    But den again, sggirls had been receiving too much unwanted attention, especially when it comes to issues of the opposite sex. This is not the first time they are being caught in the limelight.
    "Wonders of the Human Mind. Unfathomable to the highest degree."

  10. #10

    Default Re: Sggirls to be sued

    Quote Originally Posted by Terence
    Hey, isn't Roger Ngaw a CS member?
    Yes, Terence, it's me! BTW, Hsu Kirk Wei is also a CS member.

  11. #11
    Senior Member
    Join Date
    Jul 2002
    Location
    Planet Eropagnis
    Posts
    2,944

    Default Re: Sggirls to be sued

    Quote Originally Posted by Terence
    Hey, isn't Roger Ngaw a CS member?
    We've got a lawyer here! RUN FOR UR LIVES!!!
    "Wonders of the Human Mind. Unfathomable to the highest degree."

  12. #12
    Senior Member
    Join Date
    Nov 2003
    Location
    I'm a Llama!
    Posts
    4,751

    Default Re: Sggirls to be sued

    Ah, I'm beginning to see how this all came about. Good job Roger!

  13. #13
    Senior Member
    Join Date
    Jul 2002
    Location
    Planet Eropagnis
    Posts
    2,944

    Default Re: Sggirls to be sued

    Quote Originally Posted by Digiman
    Yes, Terence, it's me! BTW, Hsu Kirk Wei is also a CS member.
    Hsu Krik Wei? Sounds familiar.... Krik?
    "Wonders of the Human Mind. Unfathomable to the highest degree."

  14. #14
    Senior Member
    Join Date
    Jul 2002
    Location
    Planet Eropagnis
    Posts
    2,944

    Default Re: Sggirls to be sued

    Quote Originally Posted by Zplus
    Its a matter of time...

    But if you kill one, I am sure there will be many more...
    Annoying huh? Chop off one head and 2 heads come out. Its a never ending cycle.
    "Wonders of the Human Mind. Unfathomable to the highest degree."

  15. #15
    Member
    Join Date
    Jan 2005
    Location
    The 3rd Rock
    Posts
    1,269

    Default Re: Sggirls to be sued

    But what if a userís personal homepage hosted at says SingNet, contains infringed copyright material. Who is liable? User or SingNet???

  16. #16
    Member/Tangshooter zaxh81's Avatar
    Join Date
    Jan 2003
    Location
    Earth
    Posts
    4,339

    Default Re: Sggirls to be sued

    Llike that also can,then is Mr Cyril Chan a CS member too.

    All lawyer here liao.


  17. #17

    Default Re: Sggirls to be sued

    Is it copyright infringement to copy and paste the entire article here?

  18. #18

    Default Re: Sggirls to be sued

    Quote Originally Posted by Terence
    Ah, I'm beginning to see how this all came about. Good job Roger!
    No big deal, just helping out a fellow CSer. Anyway, I felt very strongly about this case as I also have photos posted on the net.

    For those who feel that the burden is too heavy on the website owners, I would like to point out that under the law, they can always commence "3rd Party Proceedings" against the user who posted the infringing materials. If the website owner is held liable, the user will have to indemnify the website owner for the damages, legal costs etc payable by the website owner.

  19. #19

    Default Re: Sggirls to be sued

    Quote Originally Posted by gooseberry
    This seems to have large implications for all websites that allow third parties post content.

    I'm not sure, but going by this summary judgement - if someone posts copyrighted material (photos etc) onto ClubSnap for example, then ClubSnap can be sued for hosting this content. Seems like a lot of work on the website admins to make sure that every single piece of content posted is free of copyright issues.
    I think that it makes a difference whether you take an effort to remove what you know infringes copyright or you simply ignore "cos it is impossible to patrol". Reasonable effort must be made to ensure that all complaints are seriously looked into and offenders warned and barred. Guess that the onus of the moderators is that they have done their best already.

  20. #20

    Default Re: Sggirls to be sued

    Quote Originally Posted by Digiman
    No big deal, just helping out a fellow CSer. Anyway, I felt very strongly about this case as I also have photos posted on the net.

    For those who feel that the burden is too heavy on the website owners, I would like to point out that under the law, they can always commence "3rd Party Proceedings" against the user who posted the infringing materials. If the website owner is held liable, the user will have to indemnify the website owner for the damages, legal costs etc payable by the website owner.
    Very chim man! BTW good job Roger

Page 1 of 3 123 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •