Wednesday, June 8, 2011

without all due respect

A photograph of me (taken by my husband, with my iPhone) has been saved and reproduced by a member the GunUp Blogger Network and 2011 winner of the Luckygunner Up & Comer Gunnie Award. I'm sure he thought himself clever to title his post "Breda Porn" and began salivating over all the traffic, and resulting blog revenue, certain Google searches might bring him. In short, he is using my copyrighted material for monetary gain, without my permission.

And now, if that's not bad enough, my photograph is one of the first things people will see if they search for that specific term (please don't) - something I find totally unacceptable.

I have asked that this blogger remove the post because I daresay he wouldn't blog a photo of his mother, his sister, his daughter or his wife under a similar title. Yet my (multiple) requests have been ignored. My husband Mike left a comment on the post expressing his displeasure, but it seems to have been deleted.

So. What to do?

92 comments:

Bob said...

Name him and his blog, and let blogger Hell be visited upon him.

Breda said...

GunmartBlog@gmail.com

Weer'd Beard said...

Contact Google about copyright infringment.

I've heard they're quite reasonable about such things.

Total dick move on his behalf.

CalvinsMom said...

What an ass.

I registered my disappointment. Politely.

I'll open up the Big-Ass Book of Invective later today if he hasn't complied with your utterly reasonable request.

RobertM said...

Unacceptable. I'd follow Weer'd's advice. I'll also send him an email.

leadchucker.net said...

And while he mulls over his options, since you've clearly asked him to remove the picture, I would start contacting his advertisers.....

plblark said...

Send hi a DMCA take down notice with a CC to both blogger customer service and the CS dept at his web hosting.

Lawyer said...

I posted this as a comment to your facebook page but wanted to incude it here as well.

You can file a copyright violation with Google/Blogger over the posting of your picture, since it is your property. Here’s the form: http://bit.ly/hSHvu2

Blogger will not do anything about the text title/content (since they claim they do not moderate content), but under the Digital Millennium Copyright Act, they must take certain steps regarding the posting of copyrighted information, including disabling the content while they get the other side’s response.

After filing the complaint using Google’s form, do the same as a comment to the post containing the picture so that the blogger himself is on notice as well.

Here’s a good overview: http://bit.ly/9y1Pp.

Bob said...

Just sent a polite email. Maybe if he gets enough of them he'll get a clue.

plblark said...

nah, he seems to be clue immune.

his response to a polite e-ail I sent:
"No, she has not politely asked me to take it down. There has been a lot of yelling and demands, but I do not respond to that. Sorry, but my blog is not run by mob rule, and I am not getting involved in all this high school nonsense. Have a good day."

Mike W. said...

Well you already know my opinion on this, but I'd also advise contacting each of his advertizers.

It still floors me that someone supposedly on "our side" could be

1. Dumb and rude enough to make such a post in the 1st place.

2. Enough of an asshole to play it off as no big deal, then ignore repeated polite requests to remove the material in question.

3. Enough of a spineless coward to delete Mike's reasonable, polite response (very polite given the circumstances I might add)

This is the kind of behavior I'd fully expect from anti-gunners. Sad to see someone so classless and without balls on our side of the issue.

*I know the comment box says "be polite, please." but in this case, fuck it.

The Gun Guy Nextdoor said...

Tell him that if the photo does not come down that your lawyer will step in. He does not own the copyright to it and the title is defamation of character. Contact google, if he has google ads they can seiZe his adsense account.



Good luck.

English Geek Girl said...

I still can't understand why he has not removed the photo. To be honest, I cannot even say why it is up there to begin with except for your celebrity within the gun world. I left a comment.

Gunmart said...

I knew girls like you in High School, but I thought they all grew up.

I am still waiting for you to politely ask me to take it down. No, you havent asked. You have yelled and screamed demands, but I do not respond to that. If you had asked politely instead of jumping off the deep end and started all this silly drama, I would have removed it immediately... and I'm still waiting.

My blog is not run by mob rule, and I will not get dragged into this silly high school nonsense. I'm not gonna play your little Twitter sniping games nor will I chase posts all over the internet.

When you are ready to lose the drama like a mature adult politely address your concerns, I am willing and waiting.

Laura said...

the first time i saw her mention the post, she expressed her distaste for the post on twitter. you should have taken it down then, especially if you're capable of reading her twitter.

between the two of you, you're the immature one. remove the post.

sobriant74 said...

I'm half-way through his list of advertisers, sending them a note that points out they are advertising on a site that is illegally using copyrighted materials. I think it will get their attention if it doesn't get his.

Alan said...

Doubling down on the stupid. Not a good move, Gunmart.

Mike W. said...

I am still waiting for you to politely ask me to take it down.

Bullshit. Complete bullshit. Breda politely expressed her displeasure with your post via Twitter and then via your blog comments.

"I will not get dragged into this silly high school nonsense."

It was YOU who started this "high school drama" and YOU who have perpetuated it needlessly, so don't get all high & mighty and try to insult Breda (again) and play the victim here.

Man up, shut up, and act like an adult.

Cargosquid said...

"I knew girls like you in High School,"

What the hell?

Gunmart has issues, really....

This has gone beyond discourtesy. This has gone beyond rudeness. If that post stays up, this is INTENTIONAL.

Dave said...

Wow! this is how he responds, "Well if you would have asked nice". I'm sure that if you had offended him, he wouldn't be asking politely.

Boyd K said...

Issues indeed. He steals the picture (folks seem to be forgetting that, unless Breda gave it to him this is theft), he posts it without permission and then he refuses multiple requests to take down. I hate the DMCA personally, that stuff is wrecking IP innovation in our country. But this is obviously beyond the pale. Kudos to those who have posted the advice on how to pursue this. Let loose the legal eagles.

Weer'd Beard said...

LOL, If somebody steals my shit, the last thing they should expect is me to be polite about it.

I guess he'll respect copyright and generally good manners if he's asked politely.

There are far too many good gun bloggers to be dealing with self-interested turds like this.

If you want to be a dick, be a dick on your own nickle.

Bob said...

Gunmart, you're reacting in the same way that Congressman Weiner did over his screwup, and you're going to end up the same way. Man up and take the photograph down. Digging in your heels is just going to make things worse for you, and the result will be the same, in the end: the photo WILL come down.

Holly said...

Wow, this is pretty abhorrent behavior on Gunmart's part. I believe the desire for gaining popularity at any cost by shamelessly keyword stuffing your blog in order to get hits seems FAR more like high school behavior than anything anyone else is stating. Someone's need to speak up is not the behavior of a bunch of "girls", but the expression of Gunmart's distasteful exploitation. It seems like you need to take a course in etiquette.

Cargosquid said...

Picture is gone. Blog post title is still up.

I wonder if he will have the courtesy just to remove the entire post?

Marty said...

Gunmart has to decide if he wants to be a decent guy or a tool.

It's on him to be honorable or dishonorable.

And now lots of people are watching...

Alan said...

I'm betting on tool.

Mike W. said...

I'll take tool for $1000 Alex.... and attention whore.

Ironically, if he was doing this for hits he's now ensured that a whole shitton of folks will never again visit his blog.

I remember seeing this on car forums when I was a teenager.

Some tool makes classless, beyond the pale comment about a female forum member, gets called out and then goes all "woe is me" and plays the victim.

Cargosquid said...

I can see it now....

Remember Gunmart.....?

Yeah...me either.


Gunmart - Don't be that guy!

Pat St. Jean said...

Wow. What a tool.

I've never visited that site, and thanks to his childish attitude, he's guaranteed that my browser won't darken his door.

Weer'd Beard said...

Hey bet he's getting some traffic now.

For course I'm with Pat. When he first showed up I admired his drive.

But it appears he's neither bright enough to offer anything useful, nor worth the time of any self-respecting blogger.

Enjoy the stat-bump, dude. You've just gained traffic for being a jerk.

Robbie said...

If the owner of a copywrited photo asks OR tells you to take down the picture, you either do it or pay the consequences.

That he would reply with "ask me nicely" just shows his ignorance. I'd just go straight for the legal route if it were me and let them shut off his blog for a while.

Bubblehead Les. said...

You know, shortly after last Fall's North Coast Blogshoot, I received a call from Jay G. asking if he could use some pictures he took of the Toys I brought to the event. The man took time out of his day and called me personally to ASK Permission to use those shots. I said yes, and everything was fine.

I have lots of pictures from the NRA Con of various people, but if I ever decide to put them out to the World, the People involved will be ASKED for their permission.

Gunmart, obviously someone did not teach you to ASK before you mess with someone else's Property. Since you don't seem to grasp the concept, here's a very simple definition: No. One doesn't mess with anyone else's Property w/o Permission. To do so makes one a Thief. Intellectual Property is Property, Theft is Theft and NO MEANS NO.

You'll be lucky if Ms. Breda doesn't send a pack of Lawyers down your Throat. I hope she does, because your Attitude towards the Concept of "NO MEANS NO" implies that you don't think it applies to you, and one has to wonder what other areas of Life you chose to ignore when someone tells you that "NO MEANS NO".

Weer'd Beard said...

Just found this under the "Legal" tab:
"All content on this blog is to be considered property of Gunmart unless specified otherwise. "

Rules for Thee, but not for Me!

Keep it classy!

Alan said...

And it looks like Reasoned Discourse has broken out all over the Gunmart blog.

Bob said...

Here ya go, Breda. Enjoy. Pass it on.

Newbius said...

I seem to recall that Gura and Possessky also specialize in Intellectual Property issues...do you need their number?

Barn said...

The best revenge: actually DO use the offensive search phrase on a Google search. Not once, but thousands of times. On each hit, do NOT click through on a single advertisement, thus no revenue for Mr. DB. He will get NAILED on his bill, depending on how much he is paying for his clicks.

Guffaw in AZ said...

What a Maroon!

Carteach0 said...

So... this dork steals other peoples photos, links them to offensive titles, and then 'requires' people ask politely before he will stop being a shameless thieving jerk?

Yup... that's right.... piss off tens of thousands of blog readers all in one clean shot. That ALWAYS works out well, right?

Earl said...

Just my opinion, he is really in the Gun Control groups undermining the better gun bloggers. If he carries it is an empty Airsoft... really, this is not a Freedom Loving Gun Carrying Adult.

copywrite infringement at least, on his part shear stupidity, he ought to be a Democrat in Congress.

DirtCrashr said...

People pay for clicks?? He's not on my blogroll nor do I follow him or have him bookmarked - I'm clean!

Newbius said...

I think I have posted three pictures total of you on my blog, and in each case I asked permission to do so. It isn't hard, especially as your email address is prominently listed on your page.

Sigh...

Haven't we grown past the point where we need to "porn" things? Aren't we adults here?

Christin said...

I love how he requests politeness from everyone else but can't offer it himself. Breda, you're a stronger person than I. If someone associated my name and picture with the label of "porn," I'd turn into a raging maniac.

Matt said...

I agree with Newbius on that point about using the "porn" word on everything these days. "Eye-candy" is a much better term, but even in this case would have been inappropriate.

Also, someone above mentioned a parallel to Anthony Wiener. It's one thing to make a dumb mistake. It's also one thing to make a really dumb mistake.

Had you just issued a simple apology and immediately removed the blog at the first sign of unhappiness on her part this most likely would already be a done deal and over with.

But no, you had to dig in and "Wienerize" yourself and make a scene with your comments above.

Ed Rasimus said...

A gentleman complies with a woman's request expressed in whatever terms she chooses. This guy is an immature idiot. I've put my two cents in at his place but doubt it will do any good. Pursue the Google/Blogger complaint route vigorously.

Hobie said...

Send him a bill...

John B said...

I asked him nicely to remove the post. Now I guess me and the boyz will have to go over there with wire cutters. Ala Paul LeMat in Citizens' Band...

crashonhead said...

Seriously Gunmart, how hard could it have been to ASK for permission?

I asked for permission to use a particular image for a morale patch, which I received as long as there was proper accreditation (attribution???) to the owner of the copyright. I didn't make the patches because I thought the little circle 'c' & name would not show up very well when embroidered & the artist wouldn't get proper credit. The point is, just ask, it's simply being courteous.

How about this for thinking outside the box:

Since 'Porn' is a somewhat common surname in Thailand, you could claim to have some Thai ancestry & join the 1 billion+ minority of Asians. I'd be happy to welcome you as a long lost member of the tribe.

North said...

Making a post on his site with the title "Breda Porn" is the way he is getting a bunch of attention, a bunch of visits to his site.

I'll keep my low numbers over stooping to these obvious antics. Impolite shenanigans are the signs of someone far from the gentlemanly end of the social scale.

I hope he learns, but I have my doubts.

Best of luck to you, Breda.

Lila said...

I am new to the gun blogs but part of the reason I like them and the people is because of the respect, community, and helpful advice you can find. This is completely horrible and you deserve better. I think anyone who can steal like that is lower than low. Even if the image has been removed but the post is still up I think it is a violation and needs to still be complained about and taken down. No one, especially a woman, wants to be treated like some sort of object. Despicable.

DaddyBear said...

See Dick
See Dick violate copyright and insult a sweet lady
See Dick become a pariah
Don't be a Dick

Mike W. said...

DaddyBear - Don't you mean Weiner? :P

DaddyBear said...

Weiner, Dick, you say potato, I say potawto.

Cargosquid said...

2011 winner of the Luckygunner Up & Comer Gunnie Award

"Past performance is no guarantee of future results"

Apparently this statement applies to more than investments.

beerad said...

So when is someone going to associate the Goatse picture with Gunmart for search results? Turnabout is fair play.

alcade said...

If he hasn't saved your image to his hard drive and then uploaded it to his server, he is probably linking directly to your image from his page. If that happens you could change the image name on your server and that should end his linking. Not that you should have to, just saying.

Murphy's Law said...

Add Murphy and me to the growing list of people who've got yer back, Breda.

ASM826 said...

Here was my comment:

It seems likely that this is all based on Breda's post about the Ammo Girls at the recent shoot. Now, you can disagree with her on the issues, and I can respect that. I looked at the outfits in the pictures and don't have any problem with it. However, this is not an acceptable response. If you want a boycott of your sponsors, starting from every blogger who has posted a comment, leave the title up.

Primeval Papa said...

This is infantile on Gunmart's part. Why would anyone have to be polite about telling him to take it down? Ask me nicely and I will give you back your.......
Gunmart - straighten up and act like a man.

instinct said...

Guys like Gunmart are the reason condoms were invented - so we don't have more guys like Gunmart

Patrick said...

Googlebomb? Gunmart Blog Goat Porn?

ordnancecorner said...

I notice he has a gunup icon on his site. If he is affiliated with gunup in any way perhaps contacting them would provide some leverage as well.

SpeakerTweaker said...

I chimed in, too, but with the rate that Gunmart's moderating comments I can't imagine that anything worth seeing is going to stay up at that page.

What I'd bet on is that, once the advertisers and LuckyGunner get involved, dickhead changes his tune.

And Gunmart, if you find yourself perusing comments here to maintain your own sense of self-righteousness over Breda's "high school" mentality, you may want to consider a couple things. One of them is your Sitemeter numbers, and the other his Breda's Sitemeter numbers. She has more internets than you do.

And you're a douche.

(if'n Miss Breda will pardon the expression)



tweaker

North said...

Under "Legal" on that site is this:

All content on this blog is to be considered property of Gunmart unless specified otherwise.

I see a lot of picture I'm willing to believe come from other web sites. Since these are not "specified otherwise" this guy has made a statement that those images that are copyright from other sites are now his property.

Theft, I say.

All your pics are belong to us.

Robin said...

As mentioned above, a DMCA notice to the hosting service is the first thing to do. Failure to take down the photo makes the hosting service liable, so it WILL get results.

Further help needed, email me.

Christopher said...

It's unfortunate, it's disrespectful, but it's also the internet.

If you put yourself our there, these sorts of thins will happen. I'm not saying it's right, just that it is.

Going after him for copywriter infringement, even if the law was on your side, would be a huge expense both in time and money.

The best thing you can do is what you have done. Ask politely for him to remove the post, and if that fails, publicly explain your position which will subject the blogger to condemnation from the blogo-sphere.

Never underestimate the power of social ostracism.

Carteach0 said...

http://carteach0.blogspot.com/2011/06/had-to-make-small-change-in-company-i.html


My thoughts.

LibertyNews said...

FYI this cad has been dropped from http://gunbloggers.com, I should have trusted my instincts when I reviewed his site and found little original content.

John Richardson said...

The title is still up but the picture has been taken down. I don't remember how he referred to you originally but now you are "the big bad librarian".

I'm proud that you've stuck to your guns and even prouder to say that I've met both you and Mike in person as well as your delightful Mom. All three of you are wonderful people and don't deserve this nonsense.

Old NFO said...

Day late and a dollar short as usual, but I registered my displeasure (politely) in both places. NO ONE deserves this, NO ONE!

Cargosquid said...

John,

Big Bad Librarian is the original statement.
He was actually trying to make a silly play on the "gun porn" phrase and was supporting Breda in the OC non-event. However, his post title and use of a copyrighted pic without permission just went horribly wrong.

The offense is his absolutely childish refusal to admit a mistake, act like an adult, and take down the offensive post. And apologize.

An Ordinary American said...

Breda,

I too expressed my displeasure at his childish ways, and I also mentioned his use of military memorabilia and a military "look and feel" to his blog.

Based on his actions and complete lack of class, I accused him of being a poser.

In our (veterans) community, that is about as low as you can get.

I'm going to make mention of this penis wrinkle on my blog as well as over at Cast Boolits--us lead-sniffers don't go for people like that.

I've enjoyed your blog since you posted on the Gpal fiasco over at Cast Boolits almost/over a year ago.

This Ordinary American, like all your other friends and associates, has your back.

Best regards,

--AOA

maddmedic said...

gunmart

Loser

classless...

Blacklist...

And pretty much everything has been said here about it so I'll move along....

Dragon said...

He's definitely a classless individual. Also, not much of a gentleman if he can't honor the wishes of a woman who was wronged.

He made his bed...he's gotta lie in it.

jabber said...

Go Breda. He's blocking comments, so I couldn't exercise my first amendment rights.

HerrBGone said...

I attempted to post my displeasure at Gunmart’s blog:

Have you figured out yet that not all visits that you generate by this sort of behavior are to your advantage?

[shakes head]

By your actions you have completely marginalized yourself. As you (and your advertisers) must by now realize, I and a lot of other folks who've dropped by to register our displeasure will not be back.

I shun you.

[turns and walks away]


The response I got:

Comments on this blog are restricted to team members.
You're currently logged in as HerrBGone. You may not comment with this account.


I would have to agree with all who've suggested it before me: A cease and desist letter on your lawyer's letterhead just might get his attention. Particularly if it were CC'd to the appropriate legal departments of both his blog hosting service and his ISP.

Six said...

FWIW I've delinked him and added you Breda. I'll never again visit his rag of a bloig nor recommend any of his advertisers as long as they remain with him.

instinct said...

I posted my feelings about this waste of pixels on my site.

Let's just say that my description of him is not flattering.

Breda, when the wife and I get back to Ohio in the near future to visit my in-law, I may ask if we can stop by and buy you lunch. You are a class act.

instinct said...

I just popped over there to see who his advertisers are so I can write to them and discovered that he is such a lowlife scumbag that in his 'comment policy' he doesn't even have an original thought there either - he has it linked to Say Uncle.

What a jackass. I really hope I never meet him, I would be hard pressed not to slap him for being such a weasel

Julie said...

looks like i'm last to the party :(

Sorry to hear about this Breda.

:(

SpeakerTweaker said...

HerrBGone is right. Gunmart took his ball and went home.

Between that and Mike's recent post at LuckyGunner's blog, I'd say the internets is strong with you, Breda.



tweaker

Cargosquid said...

To save anybody a visit over there and keep his numbers down...

I checked. Post is up and unchanged. Will probably stay that way since his pride and ego appears to be heavily invested in "resisting the mob."

An Ordinary American said...

I'm all for showing our support to Breda, but doing it here is good for her.

Doing it on our own blogs or helping to spread the word about this alpha-hotel, Gunmart, is good for all of us in the Gun Community.

I e-mailed Breda last evening with this link, A blight upon the Gun Community that I wrote and posted in her support.

Lot of very, very good bloggers represented here, and we all have our niche audiences.

There is power in the pen to be wielded, so let's wield it and shut this Gunmart down.

He apparently has no intention of changing his shock-jock headline, so it might as well be his swan song.

This is the choir; we already know how well we sing and about what. Shout it out to the audiences.

--AOA

Willorith said...

That guy doesn't realize that he is messing with our kid sister. A very big error in victim selection.

Lissa said...

Very, VERY late to the party, but I would still like to say: What an ass. No gentleman, he!

Lance R. Peak said...

I just had a run in with Gunmart over at Say Uncle in which he showed an extremely non-tolerant side of his personality a couple days ago.

Who knew he could/would take things this far?

jbrock said...

Went over there and looked a day or two ago. Haven't been back. What a scumbag poser. I might have to go there again, once, just to see who his advertisers are.

be603 said...

Post hoc ergo propter hoc.

All this stirred up immediately following your OC report. Ya see now, all those folks who predict the apocalypse as a result of OC got it right. You unleashed the dark forces of anti-OC-matter.

Now we're headed for a disaster of biblical proportions... Old Testament..., real wrath of God type stuff...Fire and brimstone coming down from the skies! Rivers and seas boiling!... Forty years of darkness! Earthquakes, volcanoes... The dead rising from the grave!... Human sacrifice, dogs and cats living together... mass hysteria

Glenn B said...

I guess he must have taken the picture down off of his site. I visited the site and did not see a pic under the blog post B--- P---. I did see a link to your blog and I am guessing you would be hard pressed for him to link to your blog and the you claim it was copy right infringement (but that is just my guess).

I have to wonder, since this guy is affiliated with Lucky Gunner, maybe he also knows or is related to one of those gals whom you compared to T&A models. Is it possible that this is some sort of revenge for that? Or maybe he is one of the commenters to that post who disagreed with you and decided this is how he would address it. (No it ain't me, I would never do that to you even though we at times disagree on things.)

Whatever it is, take it for what it is worth - not much. If he will not remove it (as I said though, I did not see your pic actually posted on his blog) then just laugh or shrug it off, have an ice cream, paint your nails blue, go to the range and shoot a few hundred rounds with your mom, and keep on going on your merry way. You have your fans, supporters, even your detractors and none of them, except the guy who did it, seems to be in agreement with him (or is him a her).

All the best,
Glenn B

Mick said...

Breda, I very occasionally bounce over to your blog from Home on the Range; caught this just in the past few minutes. Innerwebs not my thing much, but I know a jerk when I read about him. Hope you're OK; this, too, shall pass. Grab your hubby, go to the range or outon the town, and forget this jerk. It seems you have WAY more friends in your life than creeps. Peace, Mick

Robin said...

Glenn writes: I did see a link to your blog and I am guessing you would be hard pressed for him to link to your blog and the you claim it was copy right infringement (but that is just my guess).

And your guess would be wrong.