Friday, January 16, 2015

NEWS: Fellow Blogger, On Second Scoop, Accuses The Ice Cream Informant of Copyright Infrigement

Blogging is something I originally got in to as part of a college assignment in a low level photography class, so naturally I wrote and took pictures of something I enjoyed: ice cream. From that day forward, I've had a great time creating and maintaining The Ice Cream Informant. My casual updates over the past year due to a busy work schedule has left me usually posting late nights or all at once. This on and off posting schedule keeps me out of the normal food blogging circles, but I still make my rounds often. One of those sites was originally an inspiration for this site and one I still enjoy to some extent. Despite On Second Scoop and my site sharing the same information for the most part, not once has it been competitive nor have we had any issues.

That was until earlier today when On Second Scoop's creator felt the need to check out our site and then accuse The Ice Cream Informant of copyright infringement on a recent post in the comments section. (see bottom of picture below)

Hey Dubba, have you ever considered the fact that your "Charles" character in Florida may have sent the images to a number of different blogs? And not even the decency to email me first just to inquire?


Here's a snip of our email conversation with Charles that dates all the way back to January 4th, a day before the picture was originally posted On Second Scoop.

24 comments:

  1. Thanks for putting out great work! Don't mind the haters.

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  2. I don't even know why Dubba bothers doing his blog anymore. 9 times out of 10 he dislikes whatever he's reviewing. He's obviously not enjoying what he's doing.

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  3. I completely agree, mhann24! Dubba has to be the pickiest reviewer I've ever met in my life...so I don't really understand why he's reviewing ice cream if chances are he's not going to like a majority of what he tries? I'm all for someone expressing themselves, and if that blog is his passion, that's great, but to publicly accuse a superior ice cream review blog is a really silly move.

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  4. Did anybody else previously get the impression that Dubba was an asshat before this post?

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    Replies
    1. Yes...any comment I post usually never shows up, ever since I disagreed ONE TIME with him.

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  5. The uncropped picture Charles sent you is not the same picture you posted. You posted "ben jerrys cookie cores.jpg", the same 400x520 image I put in my post before watermarking it. Why would I not be pissed? Remember, I had your back when someone stole your image so I expected the same courtesy. All you had to do was crop your own photo. Maybe you didn't copy it from my site directly, but it's still my pic and I would never do that to you.

    to the others, if you dont like my blog, dont read it.

    to latchkey, what comment did I not post? I only moderate comments if they use bad language, and even then they still usually get posted just minus the unnecessary language.

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  6. I'm not sure...the last several messages I posted never showed up; ironically one of them was concerning the new flavors, one of which was me saying that I had the opportunity to try the Boom Chocolata flavor and it was now my personal favorite. I do see the comment I attempted to post before that *did* show up, though (asking which flavors were leaving B&J to make room for the new ones).

    In all fairness, though, I hadn't taken into consideration it might be a website problem. Just seemed kind of odd that I posted in the Graeter's Caramel Truffle review that I felt Graeter's was highly overrated, and not only did that message not get posted, but my subsequent ones also hadn't until the one mentioned above.

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  7. To be honest, the pictures look VERY similar, except rotated...although the one in the email appears to have some kind of 'fold' in one of the corners.

    Meh...to be honest, I couldn't care less on who is 'right'...I just care for the reviews!

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  8. Hello, this is the infamous Charles himself aka toofatt, I did send it to this site first, then I sent it to the on second scoop site, I love both sites and I just wanted to get the word out. I didn't want to start a Ice cream war.

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  9. @latchkey: not sure, i post 99 out of a hundred comments. I try to check them before work, at lunch, and then after the kids go to bed.

    @charles: not your fault. the problem is Chad screwed up, but instead of fixing things, he's throwing out this B.S. about not using someone else's picture. If he had credited you in the original post, I would have let it slide, but he didnt. If he had cropped his own photo, I would have not said a word, but he didnt. No, he used the pre-cropped photo that I did. I will admit, i could have emailed him and asked him to fix it instead but this whole situation is avoidable. You can't take other people's pictures, even if you claim "I don't know where it came from" or "I have a similar one in my mailbox".

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    1. I am just going to say what everyone in their right mind is thinking. The pictures look the same, and even if "yours" is altered ever so slightly and Chad used that one, the difference is so small that for you to take any issue with him using it just makes you look ridiculously petty. Since the "original" photo came from Charles and was sent to Chad first, those guys have more of a claim on ownership and usage than you do. And you know what? Slightly altering a photo (if it even is slightly altered) DOES NOT MAKE IT YOURS. Try altering a bunch of photos taken by other people and putting watermarks on them, and then see if any court in this country will agree that they are yours. You've got some screw loose, for sure...and you seem really insecure and threatened by this little ice-cream site.

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    2. Read my mind mhann24.

      It's the same picture, I don't see why using the original 400x400 picture (or whatever) is any different than using a 350x400 version with some unnecessary side-junk cropped out...

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    3. This comment has been removed by the author.

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    4. There is only one picture, I sent one with my iPhone and one via my computer, thus the size difference, end of story. Since I'm here does anyone know where I can get B&J Cinnamon Buns in south Florida?

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    5. @mhann & @capslock: yes, my version is a rotated and cropped of the original. The problem is Chad used that cropped version I made, rather than doing his own variation of the original image. He's trying to cover this misstep with a lie and using it as an excuse to badmouth me. Yes, he got sent the original uncropped photo as well, but that's not the picture he used. Does that make more sense?

      @toofatt: cinnamon buns recently changed to the new packaging design, so it might just take a bit for it to rotate in to stock.

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    6. All of the points I raised still stand since you failed to address any of them, probably because they are completely logical and doing so would force you to admit you have been behaving like a lunatic. Charles already explained the size difference, and besides, neither cropping nor rotating (which requires no skill, by the way) gives you or anyone the right to claim any ownership of an image that you did not create and of which you were the second recipient. Chad did not lie; it is the same image, whether or not he used your allegedly slightly altered version. He was given permission to use the photo taken by Charles, and that is what he did. The only person with any right to police if or how he uses it is the person who took the photo. That person is not you. You apparently have no understanding of copyright laws. You would be laughed out of court if you ever tried to claim that a slightly altered image was somehow yours.

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    7. hey, I can admit to being petty and frustrated, I just got ticked off when I realized it was the same picture rather than his own version. I already agreed I probably should have emailed him first, but can you admit to the fact that you understand why I would be frustrated? if I had watermarked the image before posting it, would he have used it? no, dont think so. I never said photo editing was hard, it can just be time consuming for more complicated tasks. How about this, on the original post I should have said "try cropping the photo yourself next time". That fair enough for you? Or should I should I just run with the assumption that I can now steal any user submitted photo off this site and use it on mine?

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    8. You should run with the assumption that you can use any photo as long as THE PERSON WHO TOOK THE PHOTO gives you permission to use it. What part of that is hard to understand? Again, slightly altering a photo does not make it yours. Obviously, if you watermark it, someone else will not want to use it because it has a watermark on it, but the watermark does not make it yours. However, as long as you brought up watermarking, I feel I should let you know that you are actually in the wrong for watermarking an image you did not take. Watermarking denotes ownership. The only way that this would be alright would be if the person who took the photo transferred ownership of the photo from him/herself to you. Yes, possibly the only semi-acceptable comment you could have made in regard to the image would have been to suggest that Chad should have cropped the photo himself (but even if there was cropping, it is still fundamentally the image you were both given permission by the owner to use). However, since Charles has said that the size difference can be chalked up to one version of the photo being sent from his iPhone and another being sent from his computer, well, you have no right to comment at all on the matter.

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    9. In the future, I will send the same picture to each of you in the same email, so we can all get back to getting big and fat on this ice cream that we ALL love so much.

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    10. I feel like I entered a time warp and ended up back in high school......there are more important things in life to argue about.

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  10. This is a bit off topic, but man do I miss B&J Key Lime Pie

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    1. I miss it too, they got the pie crust pieces just right

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  11. Try Ciao Bella Gelato Key Lime, it is very good

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