Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread Rupert
Hi John,

I realise this has made you cross, but I've also been responsible for  
keeping it in the Group here because I think it needs to be aired -  
for various reasons that I've explained before and won't rehash at  
length now.

Lan has actually been the model of restraint and has not written much  
here about it, and has only written in response to questions by other  
people who also think it's something they want to discuss here.

The price of the photograph is actually not really unfair, if you  
look into it.  And it's not just the value of the photograph -  
there's an accepted premium element paid by someone who's used a  
photograph without permission, credit, payment.

As for 1982 prices, they can't really be compared.  Everything has  
shifted so much in the last 35 years, particularly in the media and  
in terms of cost of living and value of the dollar and a whole bunch  
of other things.

Back then Heaven's Gate and Inchon were considered extravagantly  
expensive Hollywood movies, and cost $44 million and $50 million  
respectively, I think.   Heaven's Gate brought down United Artists.   
Spiderman 3 (this year) cost about $260 million, I think.  Plus then  
about the same again in marketing - making it a half billion dollar  
movie.

Also, in 1982 a 2/3 bedroomed row house in a not-particularly-special  
street in West London where I live was worth somewhere between £40k  
and £60k ($80k and $120k).  It's now worth between £550k and £650k  
($1.1m and $1.3m).

So a lot has changed.

But anyway, the value of the photograph is not set by these things,  
it's set by the market - and in a situation like this, $1000 isn't,  
as you said, more than fair.

Hope all this helps to explain :)

Also, for context, read (the whole of - and comments on) Casey  
McKinnon's blog post here:
http://www.caseymckinnon.com/blog/2007/07/10/podtech-needs-more-podtact/

Cheers,
Rupert

On 12 Jul 2007, at 01:53, John Coffey wrote:

Back when 3 Mile Island happened I was in a photo
class and the word on the street was that Time
magazine paid $2000 for their cover shot (in 1982
dollars). Keep your ground Scoble! $1000 more than
fair.
John

--- Robert Scoble [EMAIL PROTECTED] wrote:

  Well it's been another week and a half since we've
  heard anything. Is
  this thing resolved yet?
 
  I'll check. Last I heard Furrier was willing to pay
  $1,000 and Bui wanted
  $3,000. Not sure if either of them have moved from
  those positions but it's
  very possible that this is headed to some sort of
  court unless one of them
  bends. For my part in it I'm sorry about the whole
  issue, it was caused by
  an employee who made a mistake and feels bad about
  it and was amplified by
  no follow through and making sure there was some
  sort of resolution to the
  issue.
 
  By the way, I've seen a few people say that PodTech
  is unresponsive on other
  issues, like sending out Vloggies. I have no idea
  who hasn't gotten Vloggies
  yet, but if anyone has any other issues with
  PodTech or me or still is owed
  a Vloggie my personal phone number is 425-205-1921
  and you can call me
  anytime for any reason.
 
  Robert Scoble
  PodTech.net
 
 
 
  [Non-text portions of this message have been
  removed]
 
 

Jimmy CraicHead TVVideo Podcast about Sailing, Travel, Cocktails and  
other goodCraichttp://www.jchtv.com/

__
Take the Internet to Go: Yahoo!Go puts the Internet in your pocket:  
mail, news, photos  more.
http://mobile.yahoo.com/go?refer=1GNXIC





[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread Laura Moncur
After looking at the poster, I'm wondering if it doesn't fall into the
fair use category. It was a faded background image and it wasn't the
only photo on the poster.

Don't let this go to court, Lan. You might lose everything.



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread Bill Streeter
No it doesn't meet any criteria at all for fair use. 

From http://www.copyright.gov/fls/fl102.html:

 ... The 1961 Report of the Register of Copyrights on the General 
Revision of the U.S. Copyright Law cites examples of activities that 
courts have regarded as fair use: quotation of excerpts in a review 
or criticism for purposes of illustration or comment; quotation of 
short passages in a scholarly or technical work, for illustration or 
clarification of the author's observations; use in a parody of some 
of the content of the work parodied; summary of an address or 
article, with brief quotations, in a news report; reproduction by a 
library of a portion of a work to replace part of a damaged copy; 
reproduction by a teacher or student of a small part of a work to 
illustrate a lesson; reproduction of a work in legislative or 
judicial proceedings or reports; incidental and fortuitous 
reproduction, in a newsreel or broadcast, of a work located in the 
scene of an event being reported. 

Copyright protects the particular way an author has expressed 
himself; it does not extend to any ideas, systems, or factual 
information conveyed in the work. 

The safest course is always to get permission from the copyright 
owner before using copyrighted material. The Copyright Office cannot 
give this permission. 

When it is impracticable to obtain permission, use of copyrighted 
material should be avoided unless the doctrine of fair use would 
clearly apply to the situation. The Copyright Office can neither 
determine if a certain use may be considered fair nor advise on 
possible copyright violations. If there is any doubt, it is 
advisable to consult an attorney.

Bill Streeter
LO-FI SAINT LOUIS
www.lofistl.com
www.billstreeter.net


--- In videoblogging@yahoogroups.com, Laura Moncur 
[EMAIL PROTECTED] wrote:

 After looking at the poster, I'm wondering if it doesn't fall into 
the
 fair use category. It was a faded background image and it wasn't 
the
 only photo on the poster.
 
 Don't let this go to court, Lan. You might lose everything.





Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread Michael Verdi
Well, considering that it was used as an advertisement and not for
criticism, comment, news reporting, teaching, scholarship, or
research, I can't imagine a fair use argument could be made.
- Verdi

On 7/12/07, Laura Moncur [EMAIL PROTECTED] wrote:
 After looking at the poster, I'm wondering if it doesn't fall into the
  fair use category. It was a faded background image and it wasn't the
  only photo on the poster.

-- 
http://michaelverdi.com
http://spinxpress.com
http://freevlog.org
Author of Secrets Of Videoblogging - http://tinyurl.com/me4vs


[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread danielmcvicar
Hello Lan and everyone here on this thread.

This sort of transparent hashing out of a business matter on line
shows that there is some growing up to do with the new media.

Lan, I appreciate your work, and am sorry that your photo was used
without permission.  It seems to me that Podtech had apologized and
made a reasonable offer.  I would accept it gracefully and move on.

Your photo wasn't being used in a worldwide ad campaign.  I understand
that it was on a display at a convention attended by many of your peers.

It wasn't your face plastered on a billboard, a redubbing of your
video for a 900 sex number, your face on a lunchbox, or potato chips
with your image on them.  This happens too, by the way.  I can tell
you from personal experience.

There is plenty of work for everyone to do without wasting energy on
this.  Settle, move on, make video, be happy.

When you do that, you make me happy.  I like your work as a media
producer.

Let's leave the lawyering to the lawyers, and get creative.



Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread Rupert
Hi Daniel,

I'm sorry to boringly stand up for the thread again, but I just feel  
that you're not quite on the money in what you say.  Also, the way I  
read it, I found your tone was a little patronising.  I know plenty  
of Old Business where things are hashed out in public by observers -  
the idea that we need to grow up instead of talking about the rights  
and wrongs of the issue has raised my hackles.

And I'm sorry that this has been going on so long that people feel  
they need to be the voice of reason and try to stop it.  I don't  
particularly think that people have been out of line or lynchmobbish  
in the way it's been discussed.  I think almost everyone has handled  
it quite well.

Lan is not the one bringing this up and keeping it bubbling.

It's the rest of us, who are concerned about what Podtech did and the  
way they've behaved since.

Rupert


On 12 Jul 2007, at 19:52, danielmcvicar wrote:

Hello Lan and everyone here on this thread.

This sort of transparent hashing out of a business matter on line
shows that there is some growing up to do with the new media.

Lan, I appreciate your work, and am sorry that your photo was used
without permission. It seems to me that Podtech had apologized and
made a reasonable offer. I would accept it gracefully and move on.

Your photo wasn't being used in a worldwide ad campaign. I understand
that it was on a display at a convention attended by many of your peers.

It wasn't your face plastered on a billboard, a redubbing of your
video for a 900 sex number, your face on a lunchbox, or potato chips
with your image on them. This happens too, by the way. I can tell
you from personal experience.

There is plenty of work for everyone to do without wasting energy on
this. Settle, move on, make video, be happy.

When you do that, you make me happy. I like your work as a media
producer.

Let's leave the lawyering to the lawyers, and get creative.






[Non-text portions of this message have been removed]



Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread Markus Sandy
danielmcvicar wrote:


 Your photo wasn't being used in a worldwide ad campaign. I understand
 that it was on a display at a convention attended by many of your peers.

 It wasn't your face plastered on a billboard, a redubbing of your
 video for a 900 sex number, your face on a lunchbox, or potato chips
 with your image on them. This happens too, by the way. I can tell
 you from personal experience.


Daniel,

It sounds like you are saying besides, your work was not that important.

Are you suggesting that  distribution numbers are the  only factor in 
determining value?

Markus

-- 


Markus Sandy

http://feeds.feedburner.com/apperceptions
http://feeds.feedburner.com/digitaldojo
http://feeds.feedburner.com/havemoneywillvlog
http://feeds.feedburner.com/spinflow



[Non-text portions of this message have been removed]



Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread David Meade
On 7/12/07, Rupert [EMAIL PROTECTED] wrote:

 It's the rest of us, who are concerned about what Podtech did and the
 way they've behaved since.


Right. PodTech is a company that wants to work with independent / new-media
producers ... its reasonable for a community of such producers to be
concerned when such a company displays something less than full respect to
OUR rights on OUR media.

We're all eager to believe (I think) that this was a simple oversight on
PodTechs part ... we're not (I don't think) trying to burn them at the stake
for making a mistake ... but rather set some reasonable community
expectations as to how such mistakes should be addressed/handled/settled
going forward ... and having such issues drag out for SO LONG only to be
left with a bottom line of  look, Mr Independent producer, we're going to
set the price for your media we already stole and used isn't really gonna
cut it.  You get to negotiate a price be if you do so BEFORE yo use it 
otherwise you (the guy who stole the content) SETTLE for a price.  Pod tech
needs to settle this and do right by Lan ... not the other way around.

That doesn't mean they have to pay $3k (and Lan has already said he has been
attempting to negotiate and sent multiple quotes) ... but they need to find
a number that is MUTUALLY agreeable with the content producer.

Hopefully they'll work it out and Lan will be able to report that behind the
scenes they reached a settlement and he is happy with the result ... but
until he can say that, a community that PodTech hopes to court has an
understandable concern.

And Lan has been pretty quiet on this all things considered.  Its the rest
of us that wont let it be :-P

- Dave

-- 
http://www.DavidMeade.com


[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-12 Thread bordercollieaustralianshepherd
--- In videoblogging@yahoogroups.com, danielmcvicar [EMAIL PROTECTED] wrote:

 This sort of transparent hashing out of a business matter on line
 shows that there is some growing up to do with the new media.

Dan, respectfully I suggest you put on a expensive suit and visit 
http://the-late-nite-
mash.blip.tv/file/110536 for a little attitude adjustment.

In all seriousness though, I think that transparancy is missing in MSM and I 
welcome it in 
new media, especially  in cases like this. Blogs and alternative news outlets 
were the only 
places where, in the run up to the Iraq invasion, people questioned the claims 
made to 
justify the war. Big difference granted.

Consider the next time you are depicted on a potato chip (or anything else) 
without your 
blessing. I don't want you to hesitate asking for others to chime in if it is 
justified. I am 
guessing you are a member of SAG. You don't have to haggle with late paying 
clients. Or if 
green MM's are in your trailer when your contract's rider specifically states 
NO GREEN 
MMS. SAG is your stickman, your posse, they got your back.

I got your back as a member of this group. I bet a lot of folks here would take 
up a 
justified cause in order to assist in resolving a problem. 

Democracy. Safety in numbers. Mob rule. Of the three I 'd say the first two 
apply here.

 Let's leave the lawyering to the lawyers, and get creative.
Lawyers are or should be the last resort. No one wins when it gets to the point 
of hiring 
the suits to file suite. Except the suit that can then afford a little Miss 
Slap and Mistress 
Tickle.

I really think that unless it is already been shot down, it my be time to get 
MORE 
organized.

http://adage.com/article?article_id=119152
Of course, whether those outlets will be willing to deal with a company that 
gives artists 
greater ownership over their intellectual property (as well as participation in 
revenue 
streams like advertising) is an open question. But if major stars can be 
persuaded to fool 
around online for fun and profit, 60Frames may well be a potent force for 
change in 
Hollywood. 

The union question
Also unclear is how Hollywood's labor unions will react. Efforts by the Screen 
Actors Guild 
and Hollywood's agents to salvage a six-decade-old master franchise agreement 
fell short 
in 2002, meaning that agencies could potentially invest in production companies 
-- 
previously a verboten practice for agents. (United Talent Agency, for its part, 
declined to 
disclose its exact stake in the new venture, and was careful to call 60Frames a 
financing 
entity and not a production company.) 

And here is where I end my contribution to this thread.

Peace of the pi(p)e pale face.







RE: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-11 Thread Robert Scoble
Well it's been another week and a half since we've heard anything. Is
this thing resolved yet?

I'll check. Last I heard Furrier was willing to pay $1,000 and Bui wanted
$3,000. Not sure if either of them have moved from those positions but it's
very possible that this is headed to some sort of court unless one of them
bends. For my part in it I'm sorry about the whole issue, it was caused by
an employee who made a mistake and feels bad about it and was amplified by
no follow through and making sure there was some sort of resolution to the
issue.

By the way, I've seen a few people say that PodTech is unresponsive on other
issues, like sending out Vloggies. I have no idea who hasn't gotten Vloggies
yet,  but if anyone has any other issues with PodTech or me or still is owed
a Vloggie my personal phone number is 425-205-1921 and you can call me
anytime for any reason.

Robert Scoble
PodTech.net



[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-11 Thread Lan Bui
I will be posting an update very soon (target is the end of the week).

But, I do have to say my last post to this group must not have been clear. I 
did send an 
invoice for less than $3000.

I'll also ask that we wait until I have posted my update to talk about it any 
more. I hope 
that doesn't sound rude.

-Lan


--- In videoblogging@yahoogroups.com, Robert Scoble [EMAIL PROTECTED] wrote:

 Well it's been another week and a half since we've heard anything. Is
 this thing resolved yet?
 
 I'll check. Last I heard Furrier was willing to pay $1,000 and Bui wanted
 $3,000. Not sure if either of them have moved from those positions but it's
 very possible that this is headed to some sort of court unless one of them
 bends. For my part in it I'm sorry about the whole issue, it was caused by
 an employee who made a mistake and feels bad about it and was amplified by
 no follow through and making sure there was some sort of resolution to the
 issue.
 
 By the way, I've seen a few people say that PodTech is unresponsive on other
 issues, like sending out Vloggies. I have no idea who hasn't gotten Vloggies
 yet,  but if anyone has any other issues with PodTech or me or still is owed
 a Vloggie my personal phone number is 425-205-1921 and you can call me
 anytime for any reason.
 
 Robert Scoble
 PodTech.net
 
 
 
 [Non-text portions of this message have been removed]






Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-11 Thread John Coffey
What is rude is you bringing this up into the group!

--- Lan Bui [EMAIL PROTECTED] wrote:

 I will be posting an update very soon (target is the
 end of the week).
 
 But, I do have to say my last post to this group
 must not have been clear. I did send an 
 invoice for less than $3000.
 
 I'll also ask that we wait until I have posted my
 update to talk about it any more. I hope 
 that doesn't sound rude.
 
 -Lan
 
 
 --- In videoblogging@yahoogroups.com, Robert
 Scoble [EMAIL PROTECTED] wrote:
 
  Well it's been another week and a half since
 we've heard anything. Is
  this thing resolved yet?
  
  I'll check. Last I heard Furrier was willing to
 pay $1,000 and Bui wanted
  $3,000. Not sure if either of them have moved from
 those positions but it's
  very possible that this is headed to some sort of
 court unless one of them
  bends. For my part in it I'm sorry about the whole
 issue, it was caused by
  an employee who made a mistake and feels bad about
 it and was amplified by
  no follow through and making sure there was some
 sort of resolution to the
  issue.
  
  By the way, I've seen a few people say that
 PodTech is unresponsive on other
  issues, like sending out Vloggies. I have no idea
 who hasn't gotten Vloggies
  yet,  but if anyone has any other issues with
 PodTech or me or still is owed
  a Vloggie my personal phone number is 425-205-1921
 and you can call me
  anytime for any reason.
  
  Robert Scoble
  PodTech.net
  
  
  
  [Non-text portions of this message have been
 removed]
 
 
 
 
 


Jimmy CraicHead TVVideo Podcast about Sailing, Travel, Cocktails and other good 
Craichttp://www.jchtv.com/


   

Looking for a deal? Find great prices on flights and hotels with Yahoo! 
FareChase.
http://farechase.yahoo.com/


RE: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-11 Thread John Coffey
Back when 3 Mile Island happened I was in a photo
class and the word on the street was that Time
magazine paid $2000 for their cover shot (in 1982
dollars). Keep your ground Scoble! $1000 more than
fair.
John



--- Robert Scoble [EMAIL PROTECTED] wrote:

 Well it's been another week and a half since we've
 heard anything. Is
 this thing resolved yet?
 
 I'll check. Last I heard Furrier was willing to pay
 $1,000 and Bui wanted
 $3,000. Not sure if either of them have moved from
 those positions but it's
 very possible that this is headed to some sort of
 court unless one of them
 bends. For my part in it I'm sorry about the whole
 issue, it was caused by
 an employee who made a mistake and feels bad about
 it and was amplified by
 no follow through and making sure there was some
 sort of resolution to the
 issue.
 
 By the way, I've seen a few people say that PodTech
 is unresponsive on other
 issues, like sending out Vloggies. I have no idea
 who hasn't gotten Vloggies
 yet,  but if anyone has any other issues with
 PodTech or me or still is owed
 a Vloggie my personal phone number is 425-205-1921
 and you can call me
 anytime for any reason.
 
 Robert Scoble
 PodTech.net
 
 
 
 [Non-text portions of this message have been
 removed]
 
 


Jimmy CraicHead TVVideo Podcast about Sailing, Travel, Cocktails and other good 
Craichttp://www.jchtv.com/


   

Take the Internet to Go: Yahoo!Go puts the Internet in your pocket: mail, news, 
photos  more. 
http://mobile.yahoo.com/go?refer=1GNXIC


Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-11 Thread Michael Verdi
Hey John,
It was me who started this thread and who has bumped it every couple
of weeks. Others blogged about and twittered about it and got no
response so I started a thread here.
- Verdi


Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-10 Thread Michael Verdi
Well it's been another week and a half since we've heard anything. Is
this thing resolved yet?
- Verdi


Vlogger Defense Fund * Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-07-03 Thread Josh Wolf
Hi, although not really set up to act as a slush fund to broker  
disputes between two parties within the community, I actually have  
established a fund for legal support for those independent media  
makers who find themselves in hot water, and I believe there is a tad  
over $3,000 in the account which will be overseen by the Free The  
Media Foundation which still needs to be established. But, yes, a  
legal fund for the collective good all of us is of crucial  
importance. When I was carted off to jail, I had no idea how I'd  
raise the funds for an appeal. Fortunately, my little pay-pal banner  
was rather productive and there was about $3,000 left-over to  
establish this fund for the next time such a situation strike.

Josh


On Jun 30, 2007, at 8:30 AM, bordercollieaustralianshepherd wrote:

 Make a mistake and own it? Priceless!

 My opinion and thoughts (for what that's worth)

 I missed a lot in this thread. Not likely I will be able to catch up
 either. So if I am repeating someone else's input it is truly a case
 of like minds thinking.

 Robert, you are a stand up guy. No doubt and big props to you.

 Lan, understand how you feel and do not find fault with your position.

 To quote Rodney King ... oh never mind.

 $300 is too low (considering this is after the fact) and $3000 is too
 high considering the limited use of the image and it's purpose.
 (Podtech may be a business, but we should lead by example too, we are
 suppose to be in this boat together).

 Solution (and certainly not the only): vlogger legal defense fund!

 How to do this? Podtech ponies up $1000.00 total which pays Lan
 $600.00 (double the lowest possible PRE use negotiated license fee)
 and opens a legal defense fund for video bloggers using the remaining
 $400 for the creation of this funds cost and a initial deposit. Lan
 can (if he chooses) donate any amount he sees fit to this fund.

 Seems like a nice way to make nice.

 I know that this means that guidelines, rules and a bunch of other
 stuff might need to be put into effect. Then again, this group seems
 to me at least, to be capable of expressing opinion that can be used
 to gauge under what circumstances funds would be disbursed.

 If a fund is set up, I would like to be the third person to  
 contribute.

 --- In videoblogging@yahoogroups.com, Robert Scoble
 [EMAIL PROTECTED] wrote:
 
  You told me on the phone that you did not want to negotiate. At
 least that's
  how I remember hearing it. Sorry if I heard wrong. You told me
 specifically
  that PodTech was not in position to negotiate.
 
 
 
  The problem is I'm getting in between you and John Furrier. John's
 mom died
  this week which is causing problems figuring out where things are.
 
 
 
  I'll get him to answer you.
 
 
 
  Regarding photo prices, I talked with photographers who work for
 Associated
  Press, Business Week and other magazines.
 
 
 
  I agree that we dropped the ball. No excuses there, but I wasn't
 involved
  back then and am trying to clean up a mess and having trouble  
 getting it
  cleaned up because of John's mom's death.
 
 
 
  Robert Scoble
 
 
 
  ###
 
 
 
  From: videoblogging@yahoogroups.com
 [mailto:[EMAIL PROTECTED]
  On Behalf Of Lan Bui
  Sent: Friday, June 29, 2007 10:51 PM
  To: videoblogging@yahoogroups.com
  Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's  
 image?
 
 
 
  Robert, thank you for finally coming out and saying something for
  PodTech to the community.
 
  First, I must say that your statement:
 
  He believes his work is worth that and believes that there isn't  
 room
  for negotiation on this issue.
 
  Is a lie.
 
  One of the points in my blog post was that I wanted, at minimum,  
 to be
  contacted to negotiate. In the last couple days I did negotiate  
 down a
  lot less than $3000 and even sent an updated invoice for it. So  
 how is
  this not negotiating on the issue? Remember we talked about this on
  the phone, so I'm not sure why you left that out.
 
  PodTech had the chance to ask to purchase a license to use the
  photograph before it was used, at which time they would be able  
 to set
  the terms. That didn't happen. Now that they have used the  
 photograph
  already, who should set the terms?
 
  I gave PodTech over a month to respond to my terms and they didn't.
  When it was just me that was involved PodTech didn't care. When  
 others
  started to blog about it and it was giving them a bad name, then
  PodTech started to care. Remember, that blog post was up for about a
  month before others started take notice to it. So PodTech showed  
 to me
  they don't care about me, they only care about their image in the
  public eye.
 
  Next, I am not Thomas Hawk. Wait... Thomas Hawk? I will be the
  professional and not discuss the prices that PodTech pays him.
  Remember Robert, you told me how much PodTech pays him and that
  reinforced my price even more!
 
  You also said:
 
  It was easy to see how a mistake was made

RE: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-30 Thread Robert Scoble
You told me on the phone that you did not want to negotiate. At least that's
how I remember hearing it. Sorry if I heard wrong. You told me specifically
that PodTech was not in position to negotiate.

 

The problem is I'm getting in between you and John Furrier. John's mom died
this week which is causing problems figuring out where things are.

 

I'll get him to answer you.

 

Regarding photo prices, I talked with photographers who work for Associated
Press, Business Week and other magazines.

 

I agree that we dropped the ball. No excuses there, but I wasn't involved
back then and am trying to clean up a mess and having trouble getting it
cleaned up because of John's mom's death.

 

Robert Scoble

 

###

 

From: videoblogging@yahoogroups.com [mailto:[EMAIL PROTECTED]
On Behalf Of Lan Bui
Sent: Friday, June 29, 2007 10:51 PM
To: videoblogging@yahoogroups.com
Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

 

Robert, thank you for finally coming out and saying something for
PodTech to the community.

First, I must say that your statement:

He believes his work is worth that and believes that there isn't room
for negotiation on this issue.

Is a lie.

One of the points in my blog post was that I wanted, at minimum, to be
contacted to negotiate. In the last couple days I did negotiate down a
lot less than $3000 and even sent an updated invoice for it. So how is
this not negotiating on the issue? Remember we talked about this on
the phone, so I'm not sure why you left that out.

PodTech had the chance to ask to purchase a license to use the
photograph before it was used, at which time they would be able to set
the terms. That didn't happen. Now that they have used the photograph
already, who should set the terms?

I gave PodTech over a month to respond to my terms and they didn't.
When it was just me that was involved PodTech didn't care. When others
started to blog about it and it was giving them a bad name, then
PodTech started to care. Remember, that blog post was up for about a
month before others started take notice to it. So PodTech showed to me
they don't care about me, they only care about their image in the
public eye.

Next, I am not Thomas Hawk. Wait... Thomas Hawk? I will be the
professional and not discuss the prices that PodTech pays him.
Remember Robert, you told me how much PodTech pays him and that
reinforced my price even more!

You also said:

It was easy to see how a mistake was made since usually people in the
community who, when invited to an event we held usually give us photos
that were snapped at our events for free

I was not contacted... so how could there be a mistake regarding
permission? I also never gave (if you meant sent in to PodTech) any
photographs that this one could be mistaken for.

You also said:

it's easy to miss the copyright on Flickr

Come on, that argument is weak. Putting something in the same place on
every page on flickr makes it very easy to not miss. 

You said:

I asked several professional photographers, the average fee was
$300. and 3x what most professionals in the marketplace charge for
this kind of work

Please don't lie again. The $300 price point is for stock photography.
I even asked John where you guys got $300 from and he said that is
standard for a stock photograph. If there is a photograph with Casey
McKinnon holding Vloggies in a stock photography book somewhere I
would love to see it. The photograph that was chosen was chosen
because it had great value. It is not stock photography and I am not a
stock photographer.

Ok, lastly. Lets say I accepted $1000. Wow that sounds like a lot of
money to many people that aren't making money from their creative
work. Well this issue is not about me making money. It is about
setting a precedent. 

If we allow companies to steal work and only pay a standard small fee
when they are discovered, what is the incentive for them not steal
again? Is that what other companies should learn from this? Just take
now and deal with it later if it ever comes up. And don't worry, it
still won't cost more than if we paid up front.

To anyone else reading this: I hope this clarifies and corrects
Roberts post.

-Lan
www.LanBui.com

--- In videoblogging@yahoogroups.com
mailto:videoblogging%40yahoogroups.com , Robert Scoble
[EMAIL PROTECTED] wrote:

 Here's what happened.
 
 
 
 An employee made a mistake. We recognize that a mistake was made. It was
 easy to see how a mistake was made since usually people in the community
 who, when invited to an event we held usually give us photos that were
 snapped at our events for free and it's easy to miss the copyright on
 Flickr. Thomas Hawk, for instance, takes lots of photos at our
events and
 gives them to us for free since he's appreciative for the community
work we
 do.
 
 
 
 We asked around what a photo like the one that we used by Lan Bui
was worth.
 I asked several professional photographers, the average fee was
$300. Lan
 was not commissioned

Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-30 Thread Rupert
You see?  Again.  I'm sorry if you didn't read my last post - it was  
quite long, as usual.

But for the good of your company, you *have* to stop this we're the  
wronged party and Lan is the bad guy, misleading you tack.

And you have to stop saying things like it's easy to miss the  
copyright on Flickr.

And generally stop putting yourselves in the position of the wronged  
party.  It's not playing well.  We've all been trying to tell you  
that and you're not listening.

And saying Lan wants $3000 as if that's going to make everybody  
gasp in horror is not going to work, now, either.

$300 is a stock image price.  Not a price for an image as specific as  
that you used.  And if Lan was somebody you did not know - a powerful  
industry photographer who had taken an image of a celebrity holding  
Oscars, which you'd used to advertise your commercial venture - you  
would pay a *MASSIVE* penalty for using it without permission.   
That's the accepted rules of the game.  Find 'em and Read 'em.

  If I go onto Adobe Stock Images now, I can download a royalty free  
STOCK image at A4 (roughly US Letter) size for £339.00 - that's just  
under $700.  That's for a stock image.  I don't know who these  
photographers were that you spoke to, or how much they knew about the  
contents of the image you used... but as far as I'm concerned,  
they're just wrong.

As for Lan being unwilling to negotiate... it doesn't sound like  
you've done much talking, frankly.  We hear nothing from you, and all  
we hear from Lan is that he's been waiting 3 months.  Have you really  
*tried* to negotiate.  Or are you so convinced that his price is  
outrageous that you're just getting angry (wrongly, i think) and  
standing your ground?  If you're offering $300 and no more, that's  
not really negotiating either.  Think about it.

Come on - I'll say it again: I like Podtech.  You're good for the  
community and you're paying great people to make stuff.  But just  
maybe try to see things from an outsider's perspective.  This is  
costing you $$$ in PR.  And not doing those people who produce vlogs  
for you much good either.  They should be able to be very proud to be  
sponsored by Podtech.

And the longer it goes on, the more expensive it gets for you.

Rupert


On 30 Jun 2007, at 04:25, Robert Scoble wrote:

Here's what happened.

An employee made a mistake. We recognize that a mistake was made. It was
easy to see how a mistake was made since usually people in the community
who, when invited to an event we held usually give us photos that were
snapped at our events for free and it's easy to miss the copyright on
Flickr. Thomas Hawk, for instance, takes lots of photos at our events  
and
gives them to us for free since he's appreciative for the community  
work we
do.

We asked around what a photo like the one that we used by Lan Bui was  
worth.
I asked several professional photographers, the average fee was $300.  
Lan
was not commissioned to take photos and an employee made a mistake by  
using
a photo and not making sure we had the rights to use it before using it.

But Lan wants $3,000.

We have offered Lan something between those two prices which we feel  
is fair
($1,000 is the price I saw offered by PodTech CEO John Furrier, which is
more than 3x what most professionals in the marketplace charge for  
this kind
of work).

Lan wants $3,000. He believes his work is worth that and believes  
that there
isn't room for negotiation on this issue.

So we're at an impass.

I'm personally sorry for the whole way this thing has been handled,  
though,
and still would like to find a way to get the two parties to reach  
closure
on this problem.

I do want to make sure Lan gets compensated properly for his  
intellectual
property, but we want to reach a fair price and one that's based on what
professionals expect.

Robert Scoble

###

From: videoblogging@yahoogroups.com  
[mailto:[EMAIL PROTECTED]
On Behalf Of Mike Meiser
Sent: Friday, June 29, 2007 1:58 P
To: videoblogging@yahoogroups.com
Subject: Re: [videoblogging] Re: Hey PodTech - What's up with Lan's  
image?

Well... I'm glad people haven't resorted to name calling.

Got to say, while I love podtech I'm a little disapointed at their
response. The accussations about lan presenting a one sided story...
is it his responsibility to present both sides? Is that even possible?
And Scoble's negative conjecture about loosing money on the
vloggies... is an unecissary and unwarranted resentful remark toward
the whole community which reflects poorly on podtech. It is perhaps
the thing that disturbs me most about this. Very disapointing. As
for bringing up deaths in related people's families... very
unforetunate remark.

I don't know what other side to the story there is... The facts are
this... Podtech used lan's photo... mistakes happen... noone here
holds a grudge... but they've had more then enough time to resolve it
and haven't.

There's no need to drag the whole thing through

Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-30 Thread David Meade
On 6/30/07, Lan Bui [EMAIL PROTECTED] wrote:

 PodTech had the chance to ask to purchase a license to use the
 photograph before it was used, at which time they would be able to set
 the terms. That didn't happen. Now that they have used the photograph
 already, who should set the terms?


This to me is the bottom line.  If a company wants to negotiate the price
for a creative work, their only opportunity to do so is before they use it.

Trying to say ah well we'll give you X after it's already been used
without permission is not only unfair ... its probably not a very strong
legal position. (IMNAL)

If a company is going to use photos from flickr  they should know how to
look for the license icon on a flickr page.  If they fail to do so its not
the photograph owners fault.

Lastly I'm having a hard time accepting the implied well anyone else would
have just given us the photo because we're oh-so-loved and do so much for
everyone angle .. even if thats true, saying it out loud kinda ruins it.
:-P

PodTech:  Stop thinking of this as trying to pay what YOU feel the photo is
worth (your opportunity to do that was before you used the photo), and start
thinking of this as paying Lan for infringing on his copyright ... surely
that is something you can understand is worth more than a stock photo (even
if you cant for some reason understand that this photo is as well).

-  Dave

-- 
http://www.DavidMeade.com


[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-30 Thread Lan Bui
Robert, I'm sorry about the miscommunication on negotiation.

I only come to you now because you offered yourself, I never thought
you were one to make executive decisions at PodTech (correct me if I'm
wrong). I know John is someone that can make executive decisions.

I know how hard it must be for him to deal with his mother death. It
is a horrible time for me to be asking anything of him. 

I keep posting to the group in reply to posts, but I want to talk to
John when he is ready; or talk to someone else that can make decisions
for PodTech.

-Lan
www.LanBui.com

--- In videoblogging@yahoogroups.com, Robert Scoble
[EMAIL PROTECTED] wrote:

 You told me on the phone that you did not want to negotiate. At
least that's
 how I remember hearing it. Sorry if I heard wrong. You told me
specifically
 that PodTech was not in position to negotiate.
 
  
 
 The problem is I'm getting in between you and John Furrier. John's
mom died
 this week which is causing problems figuring out where things are.
 
  
 
 I'll get him to answer you.
 
  
 
 Regarding photo prices, I talked with photographers who work for
Associated
 Press, Business Week and other magazines.
 
  
 
 I agree that we dropped the ball. No excuses there, but I wasn't
involved
 back then and am trying to clean up a mess and having trouble getting it
 cleaned up because of John's mom's death.
 
  
 
 Robert Scoble
 
  
 
 ###
 
  
 
 From: videoblogging@yahoogroups.com
[mailto:[EMAIL PROTECTED]
 On Behalf Of Lan Bui
 Sent: Friday, June 29, 2007 10:51 PM
 To: videoblogging@yahoogroups.com
 Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?
 
  
 
 Robert, thank you for finally coming out and saying something for
 PodTech to the community.
 
 First, I must say that your statement:
 
 He believes his work is worth that and believes that there isn't room
 for negotiation on this issue.
 
 Is a lie.
 
 One of the points in my blog post was that I wanted, at minimum, to be
 contacted to negotiate. In the last couple days I did negotiate down a
 lot less than $3000 and even sent an updated invoice for it. So how is
 this not negotiating on the issue? Remember we talked about this on
 the phone, so I'm not sure why you left that out.
 
 PodTech had the chance to ask to purchase a license to use the
 photograph before it was used, at which time they would be able to set
 the terms. That didn't happen. Now that they have used the photograph
 already, who should set the terms?
 
 I gave PodTech over a month to respond to my terms and they didn't.
 When it was just me that was involved PodTech didn't care. When others
 started to blog about it and it was giving them a bad name, then
 PodTech started to care. Remember, that blog post was up for about a
 month before others started take notice to it. So PodTech showed to me
 they don't care about me, they only care about their image in the
 public eye.
 
 Next, I am not Thomas Hawk. Wait... Thomas Hawk? I will be the
 professional and not discuss the prices that PodTech pays him.
 Remember Robert, you told me how much PodTech pays him and that
 reinforced my price even more!
 
 You also said:
 
 It was easy to see how a mistake was made since usually people in the
 community who, when invited to an event we held usually give us photos
 that were snapped at our events for free
 
 I was not contacted... so how could there be a mistake regarding
 permission? I also never gave (if you meant sent in to PodTech) any
 photographs that this one could be mistaken for.
 
 You also said:
 
 it's easy to miss the copyright on Flickr
 
 Come on, that argument is weak. Putting something in the same place on
 every page on flickr makes it very easy to not miss. 
 
 You said:
 
 I asked several professional photographers, the average fee was
 $300. and 3x what most professionals in the marketplace charge for
 this kind of work
 
 Please don't lie again. The $300 price point is for stock photography.
 I even asked John where you guys got $300 from and he said that is
 standard for a stock photograph. If there is a photograph with Casey
 McKinnon holding Vloggies in a stock photography book somewhere I
 would love to see it. The photograph that was chosen was chosen
 because it had great value. It is not stock photography and I am not a
 stock photographer.
 
 Ok, lastly. Lets say I accepted $1000. Wow that sounds like a lot of
 money to many people that aren't making money from their creative
 work. Well this issue is not about me making money. It is about
 setting a precedent. 
 
 If we allow companies to steal work and only pay a standard small fee
 when they are discovered, what is the incentive for them not steal
 again? Is that what other companies should learn from this? Just take
 now and deal with it later if it ever comes up. And don't worry, it
 still won't cost more than if we paid up front.
 
 To anyone else reading this: I hope this clarifies and corrects
 Roberts post.
 
 -Lan
 www.LanBui.com

Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-30 Thread Rupert
Quirk, you an iconoclastic shitstirrer :)

I haven't seen much vitriol.  Given the occasional time this group's  
really lynched people (particularly corporations), I think  
everybody's been quite nice.  Apart from one silly link to some  
shitty blog, everyone else has just been saying, 'Yo, What's going  
on?  Why aren't you paying up?  Why aren't you talking?'.  And I  
think Lan's handled it really calmly, especially given that Podtech  
have appeared to imply that he's being dishonest with us somehow.

Copyright is silly, yeah - IP is pretty silly, but at least it allows  
individuals to be paid for stuff they make.  Since that's the way it  
has to be to avoid people being exploited (like having a Union for  
creativity), Creative Commons is just an attempt to do it all a bit  
more intelligently.

And in my mind, your song being recorded and played by someone else  
is as different from someone composing and recording your face as a  
single image as it is from you being an actor in or director of a  
film or an author of text.  Each have different authorship rights.   
Casey wasn't performing a creative work, and i assume she signed a  
release for Lan allowing him to use the image he took of her?   
Whether Podtech needed to contact or reward her somehow for being the  
face of their competition campaign is another matter.  You wouldn't  
just be able to use, say, Kate Moss's face on an ad for a cosmetics  
product competition without her permission.  But if you did, the  
photographer would also get paid.

You said that if you put stuff online, you don't own it any more than  
you own the rainbow over your house...  But this isn't really about  
ownership, is it? It's about someone getting someone else to do their  
work for them for free.  Yeah, I don't particularly care about the  
copyright of my Twittervlog films, and I'm not using them to make a  
living - I'm happy for people to use them however -  but if, say,  
Nokia used one of my films as a background for an N93 competition  
without asking, and i found out long after it was over, and i'd  
received no benefit from it in terms of links, attribution, new  
viewers and connecting with new people, i probably would not be  
totally cool with that.  I'd say that they were cheeky c***s.  (I  
hate starring out words, but I suppose I have to star out this one).   
If they'd used a *commercial* film of mine - something i'd created in  
order to be able to buy myself food, and not paid me for it, I'd feel  
even more strongly.  I'd effectively be working for them for free,  
and even a small amount of money makes a much bigger difference to an  
individual than it does to a corporation.

Anyway, that's what I think.  Not that you'll ever read it,  
probably.  Have a nice trip.

Rupert
http://twittervlog.blogspot.com/
http://www.twitter.com/ruperthowe/
http://feeds.feedburner.com/twittervlog/


On 29 Jun 2007, at 19:45, Adam Quirk, Wreck  Salvage wrote:

I've been surprised by all the vitriol. I'd have thought that Podtech  
would
have built up a couple brownie points with y'all by now, what with their
paying you real money, and hosting awards shows for us all to circle- 
jerk
at.

Maybe the lesson here is to get paid First? Once you put something  
online,
you don't own it anymore than you can claim to own a rainbow hovering  
above
your house. It's in the public consciousness, part of the firehose of
experiences that we all consume, transitory experiences. I think  
especially
in this case since it's a digital photo of Casey McKinnon, if anyone  
has a
claim to some money it would be her. If someone else made a recording  
of a
song I was playing, and royalties were to be paid for that recording,  
I'd
likely be the one to receive them. But I wouldn't demand them. Something
just sits wrong with me when I hear about people billing other people  
for
services that they weren't hired to provide.

Creative Commons is pretty silly, not as silly as traditional  
copyright, but
pretty silly.

I'm heading out of town now so I won't be able to respond to any shit  
slung
my way for a while :)

P.S. Lan, you're a badass photog, I'm glad I found your work via this  
mess.

-Adam





[Non-text portions of this message have been removed]



Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-30 Thread T . Whid
hi everybody,

I've been lurking on this thread and watching this whole thing develop. I
thought I might add my 2¢...

Is US$3k unreasonable for this photo? We on this list don't know.

I'm not in the field, but my wife is a commercial illustrator and I assume
the markets work similarly. The price for usage is based on many factors
that we don't have the specifics for. Mr. Bui isn't selling the photo, he's
selling usage rights. Generally prices are negotiated around size of
reproduction, exclusivity, distribution (how many eyeballs will see it), how
many times it can be used, it what regions it can be used, etc, etc. We
don't have any of these specifics so it's very hard to make a judgment on
whether or not the price is reasonable.

IMHO if what Mr. Bui is selling is the right to use this photo 1 time
non-exclusively on this printed banner at the conference then 3k seems high
to me. But, as he said, it's been used so he is now in the more powerful
negotiating position.

Having said that it would probably be best for everyone to resolve it using
a mediator that knows the market and have both parties agree to abide by
whatever price this mediator comes up with.

Good luck to everyone involved :)

On 6/30/07, Lan Bui [EMAIL PROTECTED] wrote:

 Robert, I'm sorry about the miscommunication on negotiation.

 I only come to you now because you offered yourself, I never thought
 you were one to make executive decisions at PodTech (correct me if I'm
 wrong). I know John is someone that can make executive decisions.

 I know how hard it must be for him to deal with his mother death. It
 is a horrible time for me to be asking anything of him.

 I keep posting to the group in reply to posts, but I want to talk to
 John when he is ready; or talk to someone else that can make decisions
 for PodTech.

 -Lan
 www.LanBui.com

 --- In videoblogging@yahoogroups.com, Robert Scoble
 [EMAIL PROTECTED] wrote:
 
  You told me on the phone that you did not want to negotiate. At
 least that's
  how I remember hearing it. Sorry if I heard wrong. You told me
 specifically
  that PodTech was not in position to negotiate.
 
 
 
  The problem is I'm getting in between you and John Furrier. John's
 mom died
  this week which is causing problems figuring out where things are.
 
 
 
  I'll get him to answer you.
 
 
 
  Regarding photo prices, I talked with photographers who work for
 Associated
  Press, Business Week and other magazines.
 
 
 
  I agree that we dropped the ball. No excuses there, but I wasn't
 involved
  back then and am trying to clean up a mess and having trouble getting it
  cleaned up because of John's mom's death.
 
 
 
  Robert Scoble
 
 
 
  ###
 
 
 
  From: videoblogging@yahoogroups.com
 [mailto:[EMAIL PROTECTED]
  On Behalf Of Lan Bui
  Sent: Friday, June 29, 2007 10:51 PM
  To: videoblogging@yahoogroups.com
  Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?
 
 
 
  Robert, thank you for finally coming out and saying something for
  PodTech to the community.
 
  First, I must say that your statement:
 
  He believes his work is worth that and believes that there isn't room
  for negotiation on this issue.
 
  Is a lie.
 
  One of the points in my blog post was that I wanted, at minimum, to be
  contacted to negotiate. In the last couple days I did negotiate down a
  lot less than $3000 and even sent an updated invoice for it. So how is
  this not negotiating on the issue? Remember we talked about this on
  the phone, so I'm not sure why you left that out.
 
  PodTech had the chance to ask to purchase a license to use the
  photograph before it was used, at which time they would be able to set
  the terms. That didn't happen. Now that they have used the photograph
  already, who should set the terms?
 
  I gave PodTech over a month to respond to my terms and they didn't.
  When it was just me that was involved PodTech didn't care. When others
  started to blog about it and it was giving them a bad name, then
  PodTech started to care. Remember, that blog post was up for about a
  month before others started take notice to it. So PodTech showed to me
  they don't care about me, they only care about their image in the
  public eye.
 
  Next, I am not Thomas Hawk. Wait... Thomas Hawk? I will be the
  professional and not discuss the prices that PodTech pays him.
  Remember Robert, you told me how much PodTech pays him and that
  reinforced my price even more!
 
  You also said:
 
  It was easy to see how a mistake was made since usually people in the
  community who, when invited to an event we held usually give us photos
  that were snapped at our events for free
 
  I was not contacted... so how could there be a mistake regarding
  permission? I also never gave (if you meant sent in to PodTech) any
  photographs that this one could be mistaken for.
 
  You also said:
 
  it's easy to miss the copyright on Flickr
 
  Come on, that argument is weak. Putting something in the same place

Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-30 Thread Mike Meiser
Howdy T. Whild,

$3k isn't absurd, especially not for a professional photographer.
Mostly it depends on what the photo is being licensced for, and what
the photog has historically charged.

In this case it looks like it was for a one-off or atleast very
limited run banner... and I personally agree with you that it seems a
little high.

Unforetuneatly when the photo is used without permission then I think
it's the photog's call. There fundamentally can't be negotiation after
the fact.

This is why maybe if Podtech and Lan can't agree what I would suggest
is they both agree to have some party they both trust be the
arbitrater. There's plenty of great people in this space they both
know and can trust.

-Mike

On 6/30/07, T. Whid [EMAIL PROTECTED] wrote:
 hi everybody,

 I've been lurking on this thread and watching this whole thing develop. I
 thought I might add my 2¢...

 Is US$3k unreasonable for this photo? We on this list don't know.

 I'm not in the field, but my wife is a commercial illustrator and I assume
 the markets work similarly. The price for usage is based on many factors
 that we don't have the specifics for. Mr. Bui isn't selling the photo, he's
 selling usage rights. Generally prices are negotiated around size of
 reproduction, exclusivity, distribution (how many eyeballs will see it), how
 many times it can be used, it what regions it can be used, etc, etc. We
 don't have any of these specifics so it's very hard to make a judgment on
 whether or not the price is reasonable.

 IMHO if what Mr. Bui is selling is the right to use this photo 1 time
 non-exclusively on this printed banner at the conference then 3k seems high
 to me. But, as he said, it's been used so he is now in the more powerful
 negotiating position.

 Having said that it would probably be best for everyone to resolve it using
 a mediator that knows the market and have both parties agree to abide by
 whatever price this mediator comes up with.

 Good luck to everyone involved :)

 On 6/30/07, Lan Bui [EMAIL PROTECTED] wrote:
 
  Robert, I'm sorry about the miscommunication on negotiation.
 
  I only come to you now because you offered yourself, I never thought
  you were one to make executive decisions at PodTech (correct me if I'm
  wrong). I know John is someone that can make executive decisions.
 
  I know how hard it must be for him to deal with his mother death. It
  is a horrible time for me to be asking anything of him.
 
  I keep posting to the group in reply to posts, but I want to talk to
  John when he is ready; or talk to someone else that can make decisions
  for PodTech.
 
  -Lan
  www.LanBui.com
 
  --- In videoblogging@yahoogroups.com, Robert Scoble
  [EMAIL PROTECTED] wrote:
  
   You told me on the phone that you did not want to negotiate. At
  least that's
   how I remember hearing it. Sorry if I heard wrong. You told me
  specifically
   that PodTech was not in position to negotiate.
  
  
  
   The problem is I'm getting in between you and John Furrier. John's
  mom died
   this week which is causing problems figuring out where things are.
  
  
  
   I'll get him to answer you.
  
  
  
   Regarding photo prices, I talked with photographers who work for
  Associated
   Press, Business Week and other magazines.
  
  
  
   I agree that we dropped the ball. No excuses there, but I wasn't
  involved
   back then and am trying to clean up a mess and having trouble getting it
   cleaned up because of John's mom's death.
  
  
  
   Robert Scoble
  
  
  
   ###
  
  
  
   From: videoblogging@yahoogroups.com
  [mailto:[EMAIL PROTECTED]
   On Behalf Of Lan Bui
   Sent: Friday, June 29, 2007 10:51 PM
   To: videoblogging@yahoogroups.com
   Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?
  
  
  
   Robert, thank you for finally coming out and saying something for
   PodTech to the community.
  
   First, I must say that your statement:
  
   He believes his work is worth that and believes that there isn't room
   for negotiation on this issue.
  
   Is a lie.
  
   One of the points in my blog post was that I wanted, at minimum, to be
   contacted to negotiate. In the last couple days I did negotiate down a
   lot less than $3000 and even sent an updated invoice for it. So how is
   this not negotiating on the issue? Remember we talked about this on
   the phone, so I'm not sure why you left that out.
  
   PodTech had the chance to ask to purchase a license to use the
   photograph before it was used, at which time they would be able to set
   the terms. That didn't happen. Now that they have used the photograph
   already, who should set the terms?
  
   I gave PodTech over a month to respond to my terms and they didn't.
   When it was just me that was involved PodTech didn't care. When others
   started to blog about it and it was giving them a bad name, then
   PodTech started to care. Remember, that blog post was up for about a
   month before others started take notice to it. So

[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-30 Thread bordercollieaustralianshepherd
Make a mistake and own it? Priceless!

My opinion and thoughts (for what that's worth)

I missed a lot in this thread. Not likely I will be able to catch up
either. So if I am repeating someone else's input it is truly a case
of like minds thinking.

Robert, you are a stand up guy. No doubt and big props to you.

Lan, understand how you feel and do not find fault with your position.

To quote Rodney King ... oh never mind.

$300 is too low (considering this is after the fact) and $3000 is too
high considering the limited use of the image and it's purpose.
(Podtech may be a business, but we should lead by example too, we are
suppose to be in this boat together).

Solution (and certainly not the only): vlogger legal defense fund!

How to do this? Podtech ponies up $1000.00 total which pays Lan
$600.00 (double the lowest possible PRE use negotiated license fee)
and opens a legal defense fund for video bloggers using the remaining
$400 for the creation of this funds cost and a initial deposit. Lan
can (if he chooses) donate any amount he sees fit to this fund.

Seems like a nice way to make nice.

I know that this means that guidelines, rules and a bunch of other
stuff might need to be put into effect. Then again, this group seems
to me at least, to be capable of expressing opinion that can be used
to gauge under what circumstances funds would be disbursed. 

If a fund is set up, I would like to be the third person to contribute.




--- In videoblogging@yahoogroups.com, Robert Scoble
[EMAIL PROTECTED] wrote:

 You told me on the phone that you did not want to negotiate. At
least that's
 how I remember hearing it. Sorry if I heard wrong. You told me
specifically
 that PodTech was not in position to negotiate.
 
  
 
 The problem is I'm getting in between you and John Furrier. John's
mom died
 this week which is causing problems figuring out where things are.
 
  
 
 I'll get him to answer you.
 
  
 
 Regarding photo prices, I talked with photographers who work for
Associated
 Press, Business Week and other magazines.
 
  
 
 I agree that we dropped the ball. No excuses there, but I wasn't
involved
 back then and am trying to clean up a mess and having trouble getting it
 cleaned up because of John's mom's death.
 
  
 
 Robert Scoble
 
  
 
 ###
 
  
 
 From: videoblogging@yahoogroups.com
[mailto:[EMAIL PROTECTED]
 On Behalf Of Lan Bui
 Sent: Friday, June 29, 2007 10:51 PM
 To: videoblogging@yahoogroups.com
 Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?
 
  
 
 Robert, thank you for finally coming out and saying something for
 PodTech to the community.
 
 First, I must say that your statement:
 
 He believes his work is worth that and believes that there isn't room
 for negotiation on this issue.
 
 Is a lie.
 
 One of the points in my blog post was that I wanted, at minimum, to be
 contacted to negotiate. In the last couple days I did negotiate down a
 lot less than $3000 and even sent an updated invoice for it. So how is
 this not negotiating on the issue? Remember we talked about this on
 the phone, so I'm not sure why you left that out.
 
 PodTech had the chance to ask to purchase a license to use the
 photograph before it was used, at which time they would be able to set
 the terms. That didn't happen. Now that they have used the photograph
 already, who should set the terms?
 
 I gave PodTech over a month to respond to my terms and they didn't.
 When it was just me that was involved PodTech didn't care. When others
 started to blog about it and it was giving them a bad name, then
 PodTech started to care. Remember, that blog post was up for about a
 month before others started take notice to it. So PodTech showed to me
 they don't care about me, they only care about their image in the
 public eye.
 
 Next, I am not Thomas Hawk. Wait... Thomas Hawk? I will be the
 professional and not discuss the prices that PodTech pays him.
 Remember Robert, you told me how much PodTech pays him and that
 reinforced my price even more!
 
 You also said:
 
 It was easy to see how a mistake was made since usually people in the
 community who, when invited to an event we held usually give us photos
 that were snapped at our events for free
 
 I was not contacted... so how could there be a mistake regarding
 permission? I also never gave (if you meant sent in to PodTech) any
 photographs that this one could be mistaken for.
 
 You also said:
 
 it's easy to miss the copyright on Flickr
 
 Come on, that argument is weak. Putting something in the same place on
 every page on flickr makes it very easy to not miss. 
 
 You said:
 
 I asked several professional photographers, the average fee was
 $300. and 3x what most professionals in the marketplace charge for
 this kind of work
 
 Please don't lie again. The $300 price point is for stock photography.
 I even asked John where you guys got $300 from and he said that is
 standard for a stock photograph. If there is a photograph with Casey
 McKinnon

[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Carl Weaver
I have a problem with raising money for Lan on the list. Yes, Lan  
deserves his fees (and 3 times that because of the infringement) but  
to raise it ourselves lets Podtech off the hook a little bit. Okay, so  
Lan is paid - why should Podtech cough up the dough then?

I'm just sayin'...

Carl

Carl Weaver
Photographer
http://www.carlweaver.com
http://www.camerasamurai.com - Photography education, news, tips and more
http://dcmetrostories.com - DC Metro Stories: Stories about the people, places
and events in the DC Metro area
http://nextlifeintheafternoon.com - A Journey Through Thailand


Michael Sullivan wrote:

 no comment

 except that i bet we could organize a little crowdfunding effort to pay lan
 before podtech does.
 care for some competition, podtech?

 lan, how much do we need to raise?






RE: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Devlon Duthie
I'm with Carl.  

If we want to use crowd 'weight' wouldn't an email/blog/pr frenzy be more
effective?

also, just saying :)

--
-Devlon

http://devlonduthie.com | http://mefeedia.com | http://node-64.com/blog
MSN: du.th.ied
AIM: devlond


-Original Message-
From: videoblogging@yahoogroups.com [mailto:[EMAIL PROTECTED]
On Behalf Of Carl Weaver
Sent: Friday, June 29, 2007 8:02 AM
To: videoblogging@yahoogroups.com
Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

I have a problem with raising money for Lan on the list. Yes, Lan  
deserves his fees (and 3 times that because of the infringement) but  
to raise it ourselves lets Podtech off the hook a little bit. Okay, so  
Lan is paid - why should Podtech cough up the dough then?

I'm just sayin'...

Carl

Carl Weaver
Photographer
http://www.carlweaver.com
http://www.camerasamurai.com - Photography education, news, tips and more
http://dcmetrostories.com - DC Metro Stories: Stories about the people,
places
and events in the DC Metro area
http://nextlifeintheafternoon.com - A Journey Through Thailand


Michael Sullivan wrote:

 no comment

 except that i bet we could organize a little crowdfunding effort to pay
lan
 before podtech does.
 care for some competition, podtech?

 lan, how much do we need to raise?






 
Yahoo! Groups Links






Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread [EMAIL PROTECTED]
Can we give this a rest for a week or two and see what happens?

This group does some very cool things and discovers news worthy  
information all the time and this has the two side talking.

It sounds like something is going to happen and that this will come  
to a settlement but I don't think that will happen untill after the  
4th of July so can we pause for a little while, bring it back up  
later if we need to and move on to some fun stuff like What iPhone  
line is Steve Garfield standing in?  or Why is Ask a Ninja going to  
Israel ?



Tim

Tim Street
Creator/Executive Producer
French Maid TV
The Viral Video of “How To’s” by French Maids
http://frenchmaidtv.com
Subscribe for FREE on
ahref=http://www.frenchmaidtv.com/itunes; target=_blankiTunes/a






On Jun 29, 2007, at 9:46 AM, Devlon Duthie wrote:

 I'm with Carl.

 If we want to use crowd 'weight' wouldn't an email/blog/pr frenzy  
 be more
 effective?

 also, just saying :)

 --
 -Devlon

 http://devlonduthie.com | http://mefeedia.com | http://node-64.com/ 
 blog
 MSN: du.th.ied
 AIM: devlond

 -Original Message-
 From: videoblogging@yahoogroups.com  
 [mailto:[EMAIL PROTECTED]
 On Behalf Of Carl Weaver
 Sent: Friday, June 29, 2007 8:02 AM
 To: videoblogging@yahoogroups.com
 Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

 I have a problem with raising money for Lan on the list. Yes, Lan
 deserves his fees (and 3 times that because of the infringement) but
 to raise it ourselves lets Podtech off the hook a little bit. Okay, so
 Lan is paid - why should Podtech cough up the dough then?

 I'm just sayin'...

 Carl

 Carl Weaver
 Photographer
 http://www.carlweaver.com
 http://www.camerasamurai.com - Photography education, news, tips  
 and more
 http://dcmetrostories.com - DC Metro Stories: Stories about the  
 people,
 places
 and events in the DC Metro area
 http://nextlifeintheafternoon.com - A Journey Through Thailand

 Michael Sullivan wrote:
 
  no comment
 
  except that i bet we could organize a little crowdfunding effort  
 to pay
 lan
  before podtech does.
  care for some competition, podtech?
 
  lan, how much do we need to raise?

 Yahoo! Groups Links


 



[Non-text portions of this message have been removed]



 
Yahoo! Groups Links

* To visit your group on the web, go to:
http://groups.yahoo.com/group/videoblogging/

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* To change settings via email:
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http://docs.yahoo.com/info/terms/
 


Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Adam Quirk, Wreck Salvage
I've been surprised by all the vitriol.  I'd have thought that Podtech would
have built up a couple brownie points with y'all by now, what with their
paying you real money, and hosting awards shows for us all to circle-jerk
at.

Maybe the lesson here is to get paid First?  Once you put something online,
you don't own it anymore than you can claim to own a rainbow hovering above
your house.  It's in the public consciousness, part of the firehose of
experiences that we all consume, transitory experiences.  I think especially
in this case since it's a digital photo of Casey McKinnon, if anyone has a
claim to some money it would be her.  If someone else made a recording of a
song I was playing, and royalties were to be paid for that recording, I'd
likely be the one to receive them.  But I wouldn't demand them.  Something
just sits wrong with me when I hear about people billing other people for
services that they weren't hired to provide.

Creative Commons is pretty silly, not as silly as traditional copyright, but
pretty silly.

I'm heading out of town now so I won't be able to respond to any shit slung
my way for a while :)

P.S. Lan, you're a badass photog, I'm glad I found your work via this mess.

-Adam


On 6/29/07, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:

 Can we give this a rest for a week or two and see what happens?

 This group does some very cool things and discovers news worthy
 information all the time and this has the two side talking.

 It sounds like something is going to happen and that this will come
 to a settlement but I don't think that will happen untill after the
 4th of July so can we pause for a little while, bring it back up
 later if we need to and move on to some fun stuff like What iPhone
 line is Steve Garfield standing in?  or Why is Ask a Ninja going to
 Israel ?



 Tim

 Tim Street
 Creator/Executive Producer
 French Maid TV
 The Viral Video of How To's by French Maids
 http://frenchmaidtv.com
 Subscribe for FREE on
 ahref=http://www.frenchmaidtv.com/itunes  target=_blankiTunes/a






 On Jun 29, 2007, at 9:46 AM, Devlon Duthie wrote:

  I'm with Carl.
 
  If we want to use crowd 'weight' wouldn't an email/blog/pr frenzy
  be more
  effective?
 
  also, just saying :)
 
  --
  -Devlon
 
  http://devlonduthie.com | http://mefeedia.com | http://node-64.com/
  blog
  MSN: du.th.ied
  AIM: devlond
 
  -Original Message-
  From: videoblogging@yahoogroups.com
  [mailto:[EMAIL PROTECTED]
  On Behalf Of Carl Weaver
  Sent: Friday, June 29, 2007 8:02 AM
  To: videoblogging@yahoogroups.com
  Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?
 
  I have a problem with raising money for Lan on the list. Yes, Lan
  deserves his fees (and 3 times that because of the infringement) but
  to raise it ourselves lets Podtech off the hook a little bit. Okay, so
  Lan is paid - why should Podtech cough up the dough then?
 
  I'm just sayin'...
 
  Carl
 
  Carl Weaver
  Photographer
  http://www.carlweaver.com
  http://www.camerasamurai.com - Photography education, news, tips
  and more
  http://dcmetrostories.com - DC Metro Stories: Stories about the
  people,
  places
  and events in the DC Metro area
  http://nextlifeintheafternoon.com - A Journey Through Thailand
 
  Michael Sullivan wrote:
  
   no comment
  
   except that i bet we could organize a little crowdfunding effort
  to pay
  lan
   before podtech does.
   care for some competition, podtech?
  
   lan, how much do we need to raise?
 
  Yahoo! Groups Links
 
 
 



 [Non-text portions of this message have been removed]




 Yahoo! Groups Links






-- 
Adam Quirk
Wreck  Salvage
551.208.4644
Brooklyn, NY
http://wreckandsalvage.com


[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Eric Rice
Creative Commons is a license that I, as a creator, can put on my
work, that tells you what you can do with it up front. You don't have
to deal with getting in touch with me and negotiating. It's done up
front. That's hardly silly, don't be trollish, dude. 3 (I say that
with love)

I think the thing that burns people the most is the names involved.
That's why (and trust me, all involved are homies), it irritates the
piss out of me that it's not handled.

ER






--- In videoblogging@yahoogroups.com, Adam Quirk, Wreck  Salvage
[EMAIL PROTECTED] wrote:

 I've been surprised by all the vitriol.  I'd have thought that
Podtech would
 have built up a couple brownie points with y'all by now, what with their
 paying you real money, and hosting awards shows for us all to
circle-jerk
 at.
 
 Maybe the lesson here is to get paid First?  Once you put something
online,
 you don't own it anymore than you can claim to own a rainbow
hovering above
 your house.  It's in the public consciousness, part of the firehose of
 experiences that we all consume, transitory experiences.  I think
especially
 in this case since it's a digital photo of Casey McKinnon, if anyone
has a
 claim to some money it would be her.  If someone else made a
recording of a
 song I was playing, and royalties were to be paid for that
recording, I'd
 likely be the one to receive them.  But I wouldn't demand them. 
Something
 just sits wrong with me when I hear about people billing other
people for
 services that they weren't hired to provide.
 
 Creative Commons is pretty silly, not as silly as traditional
copyright, but
 pretty silly.
 
 I'm heading out of town now so I won't be able to respond to any
shit slung
 my way for a while :)
 
 P.S. Lan, you're a badass photog, I'm glad I found your work via
this mess.
 
 -Adam
 
 
 On 6/29/07, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:
 
  Can we give this a rest for a week or two and see what happens?
 
  This group does some very cool things and discovers news worthy
  information all the time and this has the two side talking.
 
  It sounds like something is going to happen and that this will come
  to a settlement but I don't think that will happen untill after the
  4th of July so can we pause for a little while, bring it back up
  later if we need to and move on to some fun stuff like What iPhone
  line is Steve Garfield standing in?  or Why is Ask a Ninja going to
  Israel ?
 
 
 
  Tim
 
  Tim Street
  Creator/Executive Producer
  French Maid TV
  The Viral Video of How To's by French Maids
  http://frenchmaidtv.com
  Subscribe for FREE on
  ahref=http://www.frenchmaidtv.com/itunes 
target=_blankiTunes/a
 
 
 
 
 
 
  On Jun 29, 2007, at 9:46 AM, Devlon Duthie wrote:
 
   I'm with Carl.
  
   If we want to use crowd 'weight' wouldn't an email/blog/pr frenzy
   be more
   effective?
  
   also, just saying :)
  
   --
   -Devlon
  
   http://devlonduthie.com | http://mefeedia.com | http://node-64.com/
   blog
   MSN: du.th.ied
   AIM: devlond
  
   -Original Message-
   From: videoblogging@yahoogroups.com
   [mailto:[EMAIL PROTECTED]
   On Behalf Of Carl Weaver
   Sent: Friday, June 29, 2007 8:02 AM
   To: videoblogging@yahoogroups.com
   Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's
image?
  
   I have a problem with raising money for Lan on the list. Yes, Lan
   deserves his fees (and 3 times that because of the infringement) but
   to raise it ourselves lets Podtech off the hook a little bit.
Okay, so
   Lan is paid - why should Podtech cough up the dough then?
  
   I'm just sayin'...
  
   Carl
  
   Carl Weaver
   Photographer
   http://www.carlweaver.com
   http://www.camerasamurai.com - Photography education, news, tips
   and more
   http://dcmetrostories.com - DC Metro Stories: Stories about the
   people,
   places
   and events in the DC Metro area
   http://nextlifeintheafternoon.com - A Journey Through Thailand
  
   Michael Sullivan wrote:
   
no comment
   
except that i bet we could organize a little crowdfunding effort
   to pay
   lan
before podtech does.
care for some competition, podtech?
   
lan, how much do we need to raise?
  
   Yahoo! Groups Links
  
  
  
 
 
 
  [Non-text portions of this message have been removed]
 
 
 
 
  Yahoo! Groups Links
 
 
 
 
 
 
 -- 
 Adam Quirk
 Wreck  Salvage
 551.208.4644
 Brooklyn, NY
 http://wreckandsalvage.com
 
 
 [Non-text portions of this message have been removed]





Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Mike Meiser
Well... I'm glad people haven't resorted to name calling.

Got to say, while I love podtech I'm a little disapointed at their
response. The accussations about lan presenting a one sided story...
is it his responsibility to present both sides? Is that even possible?
And Scoble's negative conjecture about loosing money on the
vloggies... is an unecissary and unwarranted resentful remark toward
the whole community which reflects poorly on podtech. It is perhaps
the thing that disturbs me most about this.  Very disapointing.  As
for bringing up deaths in related people's families... very
unforetunate remark.

I don't know what other side to the story there is... The facts are
this... Podtech used lan's photo... mistakes happen... noone here
holds a grudge... but they've had more then enough time to resolve it
and haven't.

There's no need to drag the whole thing through the mud on either
side... I just hope podtech and lan can resolve the issue so we can
leave it quickly and quietly behind. I don't believe it's indicative
of any larger issue... it's not like some printing company is selling
prints of dozens of Lan's photos for hundreds of dollars each. It was
an event to promote videobloggers.

I'd hope because of that context Lan would accept an appology from
Podtech but that's up to Lan.

On a related note, perhaps this will provide some perspective.  Some
kids from Maryland got their yearbooks recently to find a slew of
their facebook pictures in them.

How's that for intellectual property theft? How would you have liked
to recieve a yearbook only to find a bunch of your pictures from your
blog in it?  Makes a somewhat subtle duotone photo in the background
of a banner seem like a relatively minor incident by comparison. Not
to diminish the injustice to Lan, but there are worse things that
could have happened.

http://www.techdirt.com/articles/20070627/012707.shtml

I hope the matter gets resolved quickly. The only shame here is that
it hasn't been resolved already and was allowed to drag out.

Group hug? :)

-Mike
mmeiser.com/blog
mefeedia.com

On 6/29/07, Adam Quirk, Wreck  Salvage [EMAIL PROTECTED] wrote:
 I've been surprised by all the vitriol.  I'd have thought that Podtech would
 have built up a couple brownie points with y'all by now, what with their
 paying you real money, and hosting awards shows for us all to circle-jerk
 at.

 Maybe the lesson here is to get paid First?  Once you put something online,
 you don't own it anymore than you can claim to own a rainbow hovering above
 your house.  It's in the public consciousness, part of the firehose of
 experiences that we all consume, transitory experiences.  I think especially
 in this case since it's a digital photo of Casey McKinnon, if anyone has a
 claim to some money it would be her.  If someone else made a recording of a
 song I was playing, and royalties were to be paid for that recording, I'd
 likely be the one to receive them.  But I wouldn't demand them.  Something
 just sits wrong with me when I hear about people billing other people for
 services that they weren't hired to provide.

 Creative Commons is pretty silly, not as silly as traditional copyright, but
 pretty silly.

 I'm heading out of town now so I won't be able to respond to any shit slung
 my way for a while :)

 P.S. Lan, you're a badass photog, I'm glad I found your work via this mess.

 -Adam


 On 6/29/07, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:
 
  Can we give this a rest for a week or two and see what happens?
 
  This group does some very cool things and discovers news worthy
  information all the time and this has the two side talking.
 
  It sounds like something is going to happen and that this will come
  to a settlement but I don't think that will happen untill after the
  4th of July so can we pause for a little while, bring it back up
  later if we need to and move on to some fun stuff like What iPhone
  line is Steve Garfield standing in?  or Why is Ask a Ninja going to
  Israel ?
 
 
 
  Tim
 
  Tim Street
  Creator/Executive Producer
  French Maid TV
  The Viral Video of How To's by French Maids
  http://frenchmaidtv.com
  Subscribe for FREE on
  ahref=http://www.frenchmaidtv.com/itunes  target=_blankiTunes/a
 
 
 
 
 
 
  On Jun 29, 2007, at 9:46 AM, Devlon Duthie wrote:
 
   I'm with Carl.
  
   If we want to use crowd 'weight' wouldn't an email/blog/pr frenzy
   be more
   effective?
  
   also, just saying :)
  
   --
   -Devlon
  
   http://devlonduthie.com | http://mefeedia.com | http://node-64.com/
   blog
   MSN: du.th.ied
   AIM: devlond
  
   -Original Message-
   From: videoblogging@yahoogroups.com
   [mailto:[EMAIL PROTECTED]
   On Behalf Of Carl Weaver
   Sent: Friday, June 29, 2007 8:02 AM
   To: videoblogging@yahoogroups.com
   Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?
  
   I have a problem with raising money for Lan on the list. Yes, Lan
   deserves his fees (and 3 times that because

Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Michael Verdi
On 6/29/07, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:
 Can we give this a rest for a week or two and see what happens?

H...
This is from Lan's post on May 14th:
After I returned home from SXSW I contacted Robert Scoble, hoping he
could put me on touch with the right person to talk about this. He
did; he forwarded my email to this person. After a couple emails back
and forth with her I sent her an invoice for licensed use of the
photograph. That was on March 20th. There was no reply for one week; I
called and emailed again. No reply again, so again I both called and
sent an email... and it has now been over a month and a half without a
single reply since the invoice was sent.

Seems like it's already been over 3 months. Shouldn't that be long
enough to figure things out?

- Verdi


[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Steve Watkins
:
  
   Can we give this a rest for a week or two and see what happens?
  
   This group does some very cool things and discovers news worthy
   information all the time and this has the two side talking.
  
   It sounds like something is going to happen and that this will come
   to a settlement but I don't think that will happen untill after the
   4th of July so can we pause for a little while, bring it back up
   later if we need to and move on to some fun stuff like What iPhone
   line is Steve Garfield standing in?  or Why is Ask a Ninja going to
   Israel ?
  
  
  
   Tim
  
   Tim Street
   Creator/Executive Producer
   French Maid TV
   The Viral Video of How To's by French Maids
   http://frenchmaidtv.com
   Subscribe for FREE on
   ahref=http://www.frenchmaidtv.com/itunes 
target=_blankiTunes/a
  
  
  
  
  
  
   On Jun 29, 2007, at 9:46 AM, Devlon Duthie wrote:
  
I'm with Carl.
   
If we want to use crowd 'weight' wouldn't an email/blog/pr frenzy
be more
effective?
   
also, just saying :)
   
--
-Devlon
   
http://devlonduthie.com | http://mefeedia.com |
http://node-64.com/
blog
MSN: du.th.ied
AIM: devlond
   
-Original Message-
From: videoblogging@yahoogroups.com
[mailto:[EMAIL PROTECTED]
On Behalf Of Carl Weaver
Sent: Friday, June 29, 2007 8:02 AM
To: videoblogging@yahoogroups.com
Subject: [videoblogging] Re: Hey PodTech - What's up with
Lan's image?
   
I have a problem with raising money for Lan on the list. Yes, Lan
deserves his fees (and 3 times that because of the
infringement) but
to raise it ourselves lets Podtech off the hook a little bit.
Okay, so
Lan is paid - why should Podtech cough up the dough then?
   
I'm just sayin'...
   
Carl
   
Carl Weaver
Photographer
http://www.carlweaver.com
http://www.camerasamurai.com - Photography education, news, tips
and more
http://dcmetrostories.com - DC Metro Stories: Stories about the
people,
places
and events in the DC Metro area
http://nextlifeintheafternoon.com - A Journey Through Thailand
   
Michael Sullivan wrote:

 no comment

 except that i bet we could organize a little crowdfunding effort
to pay
lan
 before podtech does.
 care for some competition, podtech?

 lan, how much do we need to raise?
   
Yahoo! Groups Links
   
   
   
  
  
  
   [Non-text portions of this message have been removed]
  
  
  
  
   Yahoo! Groups Links
  
  
  
  
 
 
  --
  Adam Quirk
  Wreck  Salvage
  551.208.4644
  Brooklyn, NY
  http://wreckandsalvage.com
 
 
  [Non-text portions of this message have been removed]
 
 
 
 
  Yahoo! Groups Links
 
 
 
 





[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Lan Bui
That is a very nice thought but I do not think it is appropriate for
others to raise money for this. The community did no wrong and should
not have to pay.

-Lan
www.LanBui.com



RE: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Robert Scoble
Here's what happened.

 

An employee made a mistake. We recognize that a mistake was made. It was
easy to see how a mistake was made since usually people in the community
who, when invited to an event we held usually give us photos that were
snapped at our events for free and it's easy to miss the copyright on
Flickr. Thomas Hawk, for instance, takes lots of photos at our events and
gives them to us for free since he's appreciative for the community work we
do.

 

We asked around what a photo like the one that we used by Lan Bui was worth.
I asked several professional photographers, the average fee was $300. Lan
was not commissioned to take photos and an employee made a mistake by using
a photo and not making sure we had the rights to use it before using it.

 

But Lan wants $3,000.

 

We have offered Lan something between those two prices which we feel is fair
($1,000 is the price I saw offered by PodTech CEO John Furrier, which is
more than 3x what most professionals in the marketplace charge for this kind
of work). 

 

Lan wants $3,000. He believes his work is worth that and believes that there
isn't room for negotiation on this issue.

 

So we're at an impass.

 

I'm personally sorry for the whole way this thing has been handled, though,
and still would like to find a way to get the two parties to reach closure
on this problem.

 

I do want to make sure Lan gets compensated properly for his intellectual
property, but we want to reach a fair price and one that's based on what
professionals expect.

 

Robert Scoble

 

###

 

From: videoblogging@yahoogroups.com [mailto:[EMAIL PROTECTED]
On Behalf Of Mike Meiser
Sent: Friday, June 29, 2007 1:58 P
To: videoblogging@yahoogroups.com
Subject: Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

 

Well... I'm glad people haven't resorted to name calling.

Got to say, while I love podtech I'm a little disapointed at their
response. The accussations about lan presenting a one sided story...
is it his responsibility to present both sides? Is that even possible?
And Scoble's negative conjecture about loosing money on the
vloggies... is an unecissary and unwarranted resentful remark toward
the whole community which reflects poorly on podtech. It is perhaps
the thing that disturbs me most about this. Very disapointing. As
for bringing up deaths in related people's families... very
unforetunate remark.

I don't know what other side to the story there is... The facts are
this... Podtech used lan's photo... mistakes happen... noone here
holds a grudge... but they've had more then enough time to resolve it
and haven't.

There's no need to drag the whole thing through the mud on either
side... I just hope podtech and lan can resolve the issue so we can
leave it quickly and quietly behind. I don't believe it's indicative
of any larger issue... it's not like some printing company is selling
prints of dozens of Lan's photos for hundreds of dollars each. It was
an event to promote videobloggers.

I'd hope because of that context Lan would accept an appology from
Podtech but that's up to Lan.

On a related note, perhaps this will provide some perspective. Some
kids from Maryland got their yearbooks recently to find a slew of
their facebook pictures in them.

How's that for intellectual property theft? How would you have liked
to recieve a yearbook only to find a bunch of your pictures from your
blog in it? Makes a somewhat subtle duotone photo in the background
of a banner seem like a relatively minor incident by comparison. Not
to diminish the injustice to Lan, but there are worse things that
could have happened.

http://www.techdirt.com/articles/20070627/012707.shtml

I hope the matter gets resolved quickly. The only shame here is that
it hasn't been resolved already and was allowed to drag out.

Group hug? :)

-Mike
mmeiser.com/blog
mefeedia.com

On 6/29/07, Adam Quirk, Wreck  Salvage [EMAIL PROTECTED]
mailto:quirk%40wreckandsalvage.com  wrote:
 I've been surprised by all the vitriol. I'd have thought that Podtech
would
 have built up a couple brownie points with y'all by now, what with their
 paying you real money, and hosting awards shows for us all to circle-jerk
 at.

 Maybe the lesson here is to get paid First? Once you put something online,
 you don't own it anymore than you can claim to own a rainbow hovering
above
 your house. It's in the public consciousness, part of the firehose of
 experiences that we all consume, transitory experiences. I think
especially
 in this case since it's a digital photo of Casey McKinnon, if anyone has a
 claim to some money it would be her. If someone else made a recording of a
 song I was playing, and royalties were to be paid for that recording, I'd
 likely be the one to receive them. But I wouldn't demand them. Something
 just sits wrong with me when I hear about people billing other people for
 services that they weren't hired to provide.

 Creative Commons is pretty silly, not as silly as traditional

[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-29 Thread Lan Bui
Robert, thank you for finally coming out and saying something for
PodTech to the community.

First, I must say that your statement:

He believes his work is worth that and believes that there isn't room
for negotiation on this issue.

Is a lie.

One of the points in my blog post was that I wanted, at minimum, to be
contacted to negotiate. In the last couple days I did negotiate down a
lot less than $3000 and even sent an updated invoice for it. So how is
this not negotiating on the issue? Remember we talked about this on
the phone, so I'm not sure why you left that out.

PodTech had the chance to ask to purchase a license to use the
photograph before it was used, at which time they would be able to set
the terms. That didn't happen. Now that they have used the photograph
already, who should set the terms?

I gave PodTech over a month to respond to my terms and they didn't.
When it was just me that was involved PodTech didn't care. When others
started to blog about it and it was giving them a bad name, then
PodTech started to care. Remember, that blog post was up for about a
month before others started take notice to it. So PodTech showed to me
they don't care about me, they only care about their image in the
public eye.

Next, I am not Thomas Hawk. Wait... Thomas Hawk? I will be the
professional and not discuss the prices that PodTech pays him.
Remember Robert, you told me how much PodTech pays him and that
reinforced my price even more!

You also said:

It was easy to see how a mistake was made since usually people in the
community who, when invited to an event we held usually give us photos
that were snapped at our events for free

I was not contacted... so how could there be a mistake regarding
permission? I also never gave (if you meant sent in to PodTech) any
photographs that this one could be mistaken for.

You also said:

it's easy to miss the copyright on Flickr

Come on, that argument is weak. Putting something in the same place on
every page on flickr makes it very easy to not miss. 

You said:

I asked several professional photographers, the average fee was
$300. and 3x what most professionals in the marketplace charge for
this kind of work

Please don't lie again. The $300 price point is for stock photography.
I even asked John where you guys got $300 from and he said that is
standard for a stock photograph. If there is a photograph with Casey
McKinnon holding Vloggies in a stock photography book somewhere I
would love to see it. The photograph that was chosen was chosen
because it had great value. It is not stock photography and I am not a
stock photographer.

Ok, lastly. Lets say I accepted $1000. Wow that sounds like a lot of
money to many people that aren't making money from their creative
work. Well this issue is not about me making money. It is about
setting a precedent. 

If we allow companies to steal work and only pay a standard small fee
when they are discovered, what is the incentive for them not steal
again? Is that what other companies should learn from this? Just take
now and deal with it later if it ever comes up. And don't worry, it
still won't cost more than if we paid up front.

To anyone else reading this: I hope this clarifies and corrects
Roberts post.

-Lan
www.LanBui.com


--- In videoblogging@yahoogroups.com, Robert Scoble
[EMAIL PROTECTED] wrote:

 Here's what happened.
 
  
 
 An employee made a mistake. We recognize that a mistake was made. It was
 easy to see how a mistake was made since usually people in the community
 who, when invited to an event we held usually give us photos that were
 snapped at our events for free and it's easy to miss the copyright on
 Flickr. Thomas Hawk, for instance, takes lots of photos at our
events and
 gives them to us for free since he's appreciative for the community
work we
 do.
 
  
 
 We asked around what a photo like the one that we used by Lan Bui
was worth.
 I asked several professional photographers, the average fee was
$300. Lan
 was not commissioned to take photos and an employee made a mistake
by using
 a photo and not making sure we had the rights to use it before using it.
 
  
 
 But Lan wants $3,000.
 
  
 
 We have offered Lan something between those two prices which we feel
is fair
 ($1,000 is the price I saw offered by PodTech CEO John Furrier, which is
 more than 3x what most professionals in the marketplace charge for
this kind
 of work). 
 
  
 
 Lan wants $3,000. He believes his work is worth that and believes
that there
 isn't room for negotiation on this issue.
 
  
 
 So we're at an impass.
 
  
 
 I'm personally sorry for the whole way this thing has been handled,
though,
 and still would like to find a way to get the two parties to reach
closure
 on this problem.
 
  
 
 I do want to make sure Lan gets compensated properly for his
intellectual
 property, but we want to reach a fair price and one that's based on what
 professionals expect.
 
  
 
 Robert Scoble
 
  
 




Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Michael Verdi
Any word on this yet?

I'd love to hear PodTech say, yes, we made a mistake and are working
on fixing it or we didn't do anything wrong and here's why or
something at all. They've been pretty quiet about the whole thing.
Which seems odd as I look up from what I'm typing and notice my copy
of Naked Conversations on the bookshelf not 12 inches away.

- Verdi


[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Lan Bui
I am trying to be patient.

Maybe while I wait for them I can read Naked Conversations, the back
cover alone has very interesting ideas on it.

-Lan
www.LanBui.com



--- In videoblogging@yahoogroups.com, Michael Verdi
[EMAIL PROTECTED] wrote:

 Any word on this yet?
 
 I'd love to hear PodTech say, yes, we made a mistake and are working
 on fixing it or we didn't do anything wrong and here's why or
 something at all. They've been pretty quiet about the whole thing.
 Which seems odd as I look up from what I'm typing and notice my copy
 of Naked Conversations on the bookshelf not 12 inches away.
 
 - Verdi





RE: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Robert Scoble
Lan,

 

I saw the email that John sent to you. I thought it was fair - it's pretty
obvious you're only presenting one side of the story to everyone. I wish I
could be more transparent, but when it comes to legal issues I've learned
that you've gotta be quiet and take whatever public abuse is going to come
your way. But I haven't talked with John. His mom died and that complicated
things cause he's been focused on family stuff this week.

 

In our defense, we're paying tons of content providers all over the world
and we lost a TON of money on Vloggies. We invested in the community and now
are negotiating with you.

 

Robert

 

From: videoblogging@yahoogroups.com [mailto:[EMAIL PROTECTED]
On Behalf Of Lan Bui
Sent: Thursday, June 28, 2007 7:31 AM
To: videoblogging@yahoogroups.com
Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

 

I am trying to be patient.

Maybe while I wait for them I can read Naked Conversations, the back
cover alone has very interesting ideas on it.

-Lan
www.LanBui.com

--- In videoblogging@yahoogroups.com
mailto:videoblogging%40yahoogroups.com , Michael Verdi
[EMAIL PROTECTED] wrote:

 Any word on this yet?
 
 I'd love to hear PodTech say, yes, we made a mistake and are working
 on fixing it or we didn't do anything wrong and here's why or
 something at all. They've been pretty quiet about the whole thing.
 Which seems odd as I look up from what I'm typing and notice my copy
 of Naked Conversations on the bookshelf not 12 inches away.
 
 - Verdi


 



[Non-text portions of this message have been removed]



Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Rupert
Robert,
Like I said before, I like Podtech and I think it's great that you're  
paying great people and spending (losing? is that what sponsorship  
is, now - a loss? ;) ) lots of money on the Vloggies.

Which is why I'm amazed that Podtech hasn't communicated better here,  
to play nice with the community.  You say that it's pretty obvious  
that Lan is only presenting one side of the story.  That's not  
obvious to me, or to any of the other people i've seen who've  
commented on this.

You say that you have to keep quiet and take abuse when it comes to  
legal issues.  That's not absolutely true.  You can tell the  
community that you can't speak about it for legal reasons but that  
it's more complicated than it appears, if that's true.  You can even  
say, Hey, we're nice guys really - we didn't mean to use a picture  
without asking and we realise how bad that looks - but we're sorting  
it out privately with Lan.  But you haven't done that.  You've  
maintained silence, except for one email from John, directed just to  
Jay, which (as I wrote at the time) felt like it was saying Lan's a  
liar. We did what we do. I will not discuss it in public. Mind your  
own business. 

That's not keeping quiet and accepting abuse because you have to.   
That's just a weird approach to damage limitation and PR.

Rupert

On 28 Jun 2007, at 16:07, Robert Scoble wrote:

Lan,

I saw the email that John sent to you. I thought it was fair - it's  
pretty
obvious you're only presenting one side of the story to everyone. I  
wish I
could be more transparent, but when it comes to legal issues I've  
learned
that you've gotta be quiet and take whatever public abuse is going to  
come
your way. But I haven't talked with John. His mom died and that  
complicated
things cause he's been focused on family stuff this week.

In our defense, we're paying tons of content providers all over the  
world
and we lost a TON of money on Vloggies. We invested in the community  
and now
are negotiating with you.

Robert

From: videoblogging@yahoogroups.com  
[mailto:[EMAIL PROTECTED]
On Behalf Of Lan Bui
Sent: Thursday, June 28, 2007 7:31 AM
To: videoblogging@yahoogroups.com
Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

I am trying to be patient.

Maybe while I wait for them I can read Naked Conversations, the back
cover alone has very interesting ideas on it.

-Lan
www.LanBui.com

--- In videoblogging@yahoogroups.com
mailto:videoblogging%40yahoogroups.com , Michael Verdi
[EMAIL PROTECTED] wrote:
 
  Any word on this yet?
 
  I'd love to hear PodTech say, yes, we made a mistake and are working
  on fixing it or we didn't do anything wrong and here's why or
  something at all. They've been pretty quiet about the whole thing.
  Which seems odd as I look up from what I'm typing and notice my copy
  of Naked Conversations on the bookshelf not 12 inches away.
 
  - Verdi
 

[Non-text portions of this message have been removed]






[Non-text portions of this message have been removed]



Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread schlomo rabinowitz
Oh my, Robert, you are not guilting this list with this are you?

It's a business; if you didnt see some sort of value in paying these content
providers, you guys wouldn't pay them!  Don't turn it into altruism.  Same
with the Vloggies; if there wasn't some buzz for Podtech created around the
Vloggies, you guys wouldn't have done it.  The fact that you folks lost a
ton of money is probably from bad planning and budgeting more than anything
else.

I like you Robert, but your point here just hit me the wrong way.  It's
smarmy and misguided.

Do you blame Lan that Podtech burned through millions of dollars?  Should we
blame him for the Middle East conflict as well?

You know how these things play out:  Someone at Podtech screwed up with
using the photo without permission, so company should pay for it somehow.
Call it the Oops, I Screwed Up Tax.  You either pay in the court of Public
Opinion, or you just quietly pay Lan his due.  At the end of the day, it's
typical business!  You know that.

Schlomo
http://schlomolog.blogspot.com
http://weknowhow.tv
http://winkshow.com
http://hatfactory.net



On 6/28/07, Robert Scoble [EMAIL PROTECTED] wrote:

 In our defense, we're paying tons of content providers all over the world
 and we lost a TON of money on Vloggies. We invested in the community and
 now
 are negotiating with you.

 Robert

 From: videoblogging@yahoogroups.com videoblogging%40yahoogroups.com[mailto:
 videoblogging@yahoogroups.com videoblogging%40yahoogroups.com]
 On Behalf Of Lan Bui
 Sent: Thursday, June 28, 2007 7:31 AM
 To: videoblogging@yahoogroups.com videoblogging%40yahoogroups.com
 Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

 I am trying to be patient.

 Maybe while I wait for them I can read Naked Conversations, the back
 cover alone has very interesting ideas on it.

 -Lan
 www.LanBui.com

 --- In videoblogging@yahoogroups.com videoblogging%40yahoogroups.com
 mailto:videoblogging%40yahoogroups.com , Michael Verdi
 [EMAIL PROTECTED] wrote:
 
  Any word on this yet?
 
  I'd love to hear PodTech say, yes, we made a mistake and are working
  on fixing it or we didn't do anything wrong and here's why or
  something at all. They've been pretty quiet about the whole thing.
  Which seems odd as I look up from what I'm typing and notice my copy
  of Naked Conversations on the bookshelf not 12 inches away.
 
  - Verdi
 

 [Non-text portions of this message have been removed]

  



[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Lan Bui
Robert,

Yes I am presenting one side of the story, the side I present is what
happened. I would like to know the side you are talking about so I
will be calling you.

I think that it is very sad that his mother passed away. When a loved
one dies we are under a lot of stress and need time to grieve. I did
not want to add to Johns stress by bothering him with my request so I
asked if there was anyone else I could talk to to get this resolved. I
think he should not be bothered with this during his family crisis so
I will call you and we can find out who else we can talk to.

Also, please don't try to guilt the community (or me) into feeling
sorry that PodTech paid for The Vloggies. You said:

Yes, PodTech is putting financial and other resources behind this
event to make sure it rocks, so we'll be visible, but that isn't the
driving impetuous behind the event. In this post:

http://tech.groups.yahoo.com/group/videoblogging/message/48441
or
http://tinyurl.com/34ztvl

Then you also said:

The truth is you're the ones calling the shots, within reason. Yes,
Podtech is sponsoring the event. We're taking the business risk of
renting the hall and doing that and the marketing and getting fun
speakers so it'll be a fun event. And we're investing Irina, and quite
a few other people's time in making sure this rocks. In this post:

http://tech.groups.yahoo.com/group/videoblogging/message/48444
or
http://tinyurl.com/2m8p3e

That sounds like PodTech knew what they were getting into and had
calculated the risk and it was worth taking. I don't think anyone
should feel guilty or feel like they owe PodTech for The Vloggies.

I have been nice and understanding and patient and honest and open and
professional since the beginning; and I will continue to be like that.
Ok, I am calling you now.

-Lan
www.LanBui.com



--- In videoblogging@yahoogroups.com, Robert Scoble
[EMAIL PROTECTED] wrote:

 Lan,
 
  
 
 I saw the email that John sent to you. I thought it was fair - it's
pretty
 obvious you're only presenting one side of the story to everyone. I
wish I
 could be more transparent, but when it comes to legal issues I've
learned
 that you've gotta be quiet and take whatever public abuse is going
to come
 your way. But I haven't talked with John. His mom died and that
complicated
 things cause he's been focused on family stuff this week.
 
  
 
 In our defense, we're paying tons of content providers all over the
world
 and we lost a TON of money on Vloggies. We invested in the community
and now
 are negotiating with you.
 
  
 
 Robert
 
  
 
 From: videoblogging@yahoogroups.com
[mailto:[EMAIL PROTECTED]
 On Behalf Of Lan Bui
 Sent: Thursday, June 28, 2007 7:31 AM
 To: videoblogging@yahoogroups.com
 Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?
 
  
 
 I am trying to be patient.
 
 Maybe while I wait for them I can read Naked Conversations, the back
 cover alone has very interesting ideas on it.
 
 -Lan
 www.LanBui.com
 
 --- In videoblogging@yahoogroups.com
 mailto:videoblogging%40yahoogroups.com , Michael Verdi
 michaelverdi@ wrote:
 
  Any word on this yet?
  
  I'd love to hear PodTech say, yes, we made a mistake and are working
  on fixing it or we didn't do anything wrong and here's why or
  something at all. They've been pretty quiet about the whole thing.
  Which seems odd as I look up from what I'm typing and notice my copy
  of Naked Conversations on the bookshelf not 12 inches away.
  
  - Verdi
 
 
  
 
 
 
 [Non-text portions of this message have been removed]





[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Eric Rice

I expect this kinda of nonsense from the Adam Curry/Podshow crowd, not
from Podtech.

Creative Commons licenses MUST be enforced. There is no 'well, yes
but...' about it.

ER




--- In videoblogging@yahoogroups.com, schlomo rabinowitz
[EMAIL PROTECTED] wrote:

 Oh my, Robert, you are not guilting this list with this are you?
 
 It's a business; if you didnt see some sort of value in paying these
content
 providers, you guys wouldn't pay them!  Don't turn it into altruism.
 Same
 with the Vloggies; if there wasn't some buzz for Podtech created
around the
 Vloggies, you guys wouldn't have done it.  The fact that you folks
lost a
 ton of money is probably from bad planning and budgeting more than
anything
 else.
 
 I like you Robert, but your point here just hit me the wrong way.  It's
 smarmy and misguided.
 
 Do you blame Lan that Podtech burned through millions of dollars? 
Should we
 blame him for the Middle East conflict as well?
 
 You know how these things play out:  Someone at Podtech screwed up with
 using the photo without permission, so company should pay for it
somehow.
 Call it the Oops, I Screwed Up Tax.  You either pay in the court
of Public
 Opinion, or you just quietly pay Lan his due.  At the end of the
day, it's
 typical business!  You know that.
 
 Schlomo
 http://schlomolog.blogspot.com
 http://weknowhow.tv
 http://winkshow.com
 http://hatfactory.net
 
 
 
 On 6/28/07, Robert Scoble [EMAIL PROTECTED] wrote:
 
  In our defense, we're paying tons of content providers all over
the world
  and we lost a TON of money on Vloggies. We invested in the
community and
  now
  are negotiating with you.
 
  Robert
 
  From: videoblogging@yahoogroups.com
videoblogging%40yahoogroups.com[mailto:
  videoblogging@yahoogroups.com videoblogging%40yahoogroups.com]
  On Behalf Of Lan Bui
  Sent: Thursday, June 28, 2007 7:31 AM
  To: videoblogging@yahoogroups.com videoblogging%40yahoogroups.com
  Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?
 
  I am trying to be patient.
 
  Maybe while I wait for them I can read Naked Conversations, the back
  cover alone has very interesting ideas on it.
 
  -Lan
  www.LanBui.com
 
  --- In videoblogging@yahoogroups.com videoblogging%40yahoogroups.com
  mailto:videoblogging%40yahoogroups.com , Michael Verdi
  michaelverdi@ wrote:
  
   Any word on this yet?
  
   I'd love to hear PodTech say, yes, we made a mistake and are
working
   on fixing it or we didn't do anything wrong and here's why or
   something at all. They've been pretty quiet about the whole thing.
   Which seems odd as I look up from what I'm typing and notice my copy
   of Naked Conversations on the bookshelf not 12 inches away.
  
   - Verdi
  
 
  [Non-text portions of this message have been removed]
 
   
 
 
 
 [Non-text portions of this message have been removed]





[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Steve Watkins
Heh maybe not Curry in this case, as he's the one who took a magazine
to court for using a creative commons-licensed photo of his without
permission.

I am totally amazed podtech havent attempted to present their case, or
a part of it, in public. Really crappy and unprofessional, I dont know
what excuse you have, but going on about how much good you do for
vloggers is no defense, its wound me up the wrong way (easily done, it
has to be said).

Shame, shame, and how come you guys dont seem to have any?

Steve Elbows
--- In videoblogging@yahoogroups.com, Eric Rice [EMAIL PROTECTED] wrote:

 
 I expect this kinda of nonsense from the Adam Curry/Podshow crowd, not
 from Podtech.
 
 Creative Commons licenses MUST be enforced. There is no 'well, yes
 but...' about it.
 
 ER
 
 
 
 
 --- In videoblogging@yahoogroups.com, schlomo rabinowitz
 schlomo@ wrote:
 
  Oh my, Robert, you are not guilting this list with this are you?
  
  It's a business; if you didnt see some sort of value in paying these
 content
  providers, you guys wouldn't pay them!  Don't turn it into altruism.
  Same
  with the Vloggies; if there wasn't some buzz for Podtech created
 around the
  Vloggies, you guys wouldn't have done it.  The fact that you folks
 lost a
  ton of money is probably from bad planning and budgeting more than
 anything
  else.
  
  I like you Robert, but your point here just hit me the wrong way.
 It's
  smarmy and misguided.
  
  Do you blame Lan that Podtech burned through millions of dollars? 
 Should we
  blame him for the Middle East conflict as well?
  
  You know how these things play out:  Someone at Podtech screwed up
with
  using the photo without permission, so company should pay for it
 somehow.
  Call it the Oops, I Screwed Up Tax.  You either pay in the court
 of Public
  Opinion, or you just quietly pay Lan his due.  At the end of the
 day, it's
  typical business!  You know that.
  
  Schlomo
  http://schlomolog.blogspot.com
  http://weknowhow.tv
  http://winkshow.com
  http://hatfactory.net
  
  
  
  On 6/28/07, Robert Scoble robertscoble@ wrote:
  
   In our defense, we're paying tons of content providers all over
 the world
   and we lost a TON of money on Vloggies. We invested in the
 community and
   now
   are negotiating with you.
  
   Robert
  
   From: videoblogging@yahoogroups.com
 videoblogging%40yahoogroups.com[mailto:
   videoblogging@yahoogroups.com videoblogging%40yahoogroups.com]
   On Behalf Of Lan Bui
   Sent: Thursday, June 28, 2007 7:31 AM
   To: videoblogging@yahoogroups.com videoblogging%40yahoogroups.com
   Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's
image?
  
   I am trying to be patient.
  
   Maybe while I wait for them I can read Naked Conversations, the back
   cover alone has very interesting ideas on it.
  
   -Lan
   www.LanBui.com
  
   --- In videoblogging@yahoogroups.com
videoblogging%40yahoogroups.com
   mailto:videoblogging%40yahoogroups.com , Michael Verdi
   michaelverdi@ wrote:
   
Any word on this yet?
   
I'd love to hear PodTech say, yes, we made a mistake and are
 working
on fixing it or we didn't do anything wrong and here's why or
something at all. They've been pretty quiet about the whole thing.
Which seems odd as I look up from what I'm typing and notice
my copy
of Naked Conversations on the bookshelf not 12 inches away.
   
- Verdi
   
  
   [Non-text portions of this message have been removed]
  

  
  
  
  [Non-text portions of this message have been removed]
 





[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Steve Watkins
Although I could be wrong about the professional aspect and it is
better/legally necessary to keep such discussions private, I suppose,
like Scoble said. Its just frustrating to be presented with one side
of a story and not to be able to find out if its being sorted amicably
or the devilish details.

The thing about losing a ton of money on the vloggies definately winds
me up. Surely the event itself wasnt supposed to create cash. Surely
the reasons for putting money into it are part of business plans, the
money spent in the name of publicity. The same reason seagate would
pay you to advertise with you, or give away freebies for a
competition. The business of podtech is to sell an audience to
advertisers, at the end of the day, and so I dont buy into any
arguments that its doing a great service for vloggers out of the
goodness of its own heart. 

Cheers

Steve Elbows

--- In videoblogging@yahoogroups.com, Steve Watkins [EMAIL PROTECTED] wrote:

 Heh maybe not Curry in this case, as he's the one who took a magazine
 to court for using a creative commons-licensed photo of his without
 permission.
 
 I am totally amazed podtech havent attempted to present their case, or
 a part of it, in public. Really crappy and unprofessional, I dont know
 what excuse you have, but going on about how much good you do for
 vloggers is no defense, its wound me up the wrong way (easily done, it
 has to be said).
 
 Shame, shame, and how come you guys dont seem to have any?
 
 Steve Elbows
 --- In videoblogging@yahoogroups.com, Eric Rice eric@ wrote:
 
  
  I expect this kinda of nonsense from the Adam Curry/Podshow crowd, not
  from Podtech.
  
  Creative Commons licenses MUST be enforced. There is no 'well, yes
  but...' about it.
  
  ER
  
  
  
  
  --- In videoblogging@yahoogroups.com, schlomo rabinowitz
  schlomo@ wrote:
  
   Oh my, Robert, you are not guilting this list with this are you?
   
   It's a business; if you didnt see some sort of value in paying these
  content
   providers, you guys wouldn't pay them!  Don't turn it into altruism.
   Same
   with the Vloggies; if there wasn't some buzz for Podtech created
  around the
   Vloggies, you guys wouldn't have done it.  The fact that you folks
  lost a
   ton of money is probably from bad planning and budgeting more than
  anything
   else.
   
   I like you Robert, but your point here just hit me the wrong way.
  It's
   smarmy and misguided.
   
   Do you blame Lan that Podtech burned through millions of dollars? 
  Should we
   blame him for the Middle East conflict as well?
   
   You know how these things play out:  Someone at Podtech screwed up
 with
   using the photo without permission, so company should pay for it
  somehow.
   Call it the Oops, I Screwed Up Tax.  You either pay in the court
  of Public
   Opinion, or you just quietly pay Lan his due.  At the end of the
  day, it's
   typical business!  You know that.
   
   Schlomo
   http://schlomolog.blogspot.com
   http://weknowhow.tv
   http://winkshow.com
   http://hatfactory.net
   
   
   
   On 6/28/07, Robert Scoble robertscoble@ wrote:
   
In our defense, we're paying tons of content providers all over
  the world
and we lost a TON of money on Vloggies. We invested in the
  community and
now
are negotiating with you.
   
Robert
   
From: videoblogging@yahoogroups.com
  videoblogging%40yahoogroups.com[mailto:
videoblogging@yahoogroups.com videoblogging%40yahoogroups.com]
On Behalf Of Lan Bui
Sent: Thursday, June 28, 2007 7:31 AM
To: videoblogging@yahoogroups.com
videoblogging%40yahoogroups.com
Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's
 image?
   
I am trying to be patient.
   
Maybe while I wait for them I can read Naked Conversations,
the back
cover alone has very interesting ideas on it.
   
-Lan
www.LanBui.com
   
--- In videoblogging@yahoogroups.com
 videoblogging%40yahoogroups.com
mailto:videoblogging%40yahoogroups.com , Michael Verdi
michaelverdi@ wrote:

 Any word on this yet?

 I'd love to hear PodTech say, yes, we made a mistake and are
  working
 on fixing it or we didn't do anything wrong and here's why or
 something at all. They've been pretty quiet about the whole
thing.
 Which seems odd as I look up from what I'm typing and notice
 my copy
 of Naked Conversations on the bookshelf not 12 inches away.

 - Verdi

   
[Non-text portions of this message have been removed]
   
 
   
   
   
   [Non-text portions of this message have been removed]
  
 





[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Eric Rice
It's a transparent world. Someone gets pissed off and talks about it
and the customers, the market, the conversation, will rage on...the
Cluetrain taught us that. Naked Conversations taught us something similar.

Lack of communication and transparency in public is the fastest way
for MORE noise to be made. Because the people can move faster than any
PR dept. It's blogging 101 I suppose.

ER


--- In videoblogging@yahoogroups.com, Steve Watkins [EMAIL PROTECTED] wrote:

 Although I could be wrong about the professional aspect and it is
 better/legally necessary to keep such discussions private, I suppose,
 like Scoble said. Its just frustrating to be presented with one side
 of a story and not to be able to find out if its being sorted amicably
 or the devilish details.
 
 The thing about losing a ton of money on the vloggies definately winds
 me up. Surely the event itself wasnt supposed to create cash. Surely
 the reasons for putting money into it are part of business plans, the
 money spent in the name of publicity. The same reason seagate would
 pay you to advertise with you, or give away freebies for a
 competition. The business of podtech is to sell an audience to
 advertisers, at the end of the day, and so I dont buy into any
 arguments that its doing a great service for vloggers out of the
 goodness of its own heart. 
 
 Cheers
 
 Steve Elbows
 
 --- In videoblogging@yahoogroups.com, Steve Watkins steve@ wrote:
 
  Heh maybe not Curry in this case, as he's the one who took a magazine
  to court for using a creative commons-licensed photo of his without
  permission.
  
  I am totally amazed podtech havent attempted to present their case, or
  a part of it, in public. Really crappy and unprofessional, I dont know
  what excuse you have, but going on about how much good you do for
  vloggers is no defense, its wound me up the wrong way (easily done, it
  has to be said).
  
  Shame, shame, and how come you guys dont seem to have any?
  
  Steve Elbows
  --- In videoblogging@yahoogroups.com, Eric Rice eric@ wrote:
  
   
   I expect this kinda of nonsense from the Adam Curry/Podshow
crowd, not
   from Podtech.
   
   Creative Commons licenses MUST be enforced. There is no
'well, yes
   but...' about it.
   
   ER
   
   
   
   
   --- In videoblogging@yahoogroups.com, schlomo rabinowitz
   schlomo@ wrote:
   
Oh my, Robert, you are not guilting this list with this are you?

It's a business; if you didnt see some sort of value in paying
these
   content
providers, you guys wouldn't pay them!  Don't turn it into
altruism.
Same
with the Vloggies; if there wasn't some buzz for Podtech created
   around the
Vloggies, you guys wouldn't have done it.  The fact that you folks
   lost a
ton of money is probably from bad planning and budgeting more
than
   anything
else.

I like you Robert, but your point here just hit me the wrong way.
   It's
smarmy and misguided.

Do you blame Lan that Podtech burned through millions of dollars? 
   Should we
blame him for the Middle East conflict as well?

You know how these things play out:  Someone at Podtech screwed up
  with
using the photo without permission, so company should pay for it
   somehow.
Call it the Oops, I Screwed Up Tax.  You either pay in the court
   of Public
Opinion, or you just quietly pay Lan his due.  At the end of the
   day, it's
typical business!  You know that.

Schlomo
http://schlomolog.blogspot.com
http://weknowhow.tv
http://winkshow.com
http://hatfactory.net



On 6/28/07, Robert Scoble robertscoble@ wrote:

 In our defense, we're paying tons of content providers all over
   the world
 and we lost a TON of money on Vloggies. We invested in the
   community and
 now
 are negotiating with you.

 Robert

 From: videoblogging@yahoogroups.com
   videoblogging%40yahoogroups.com[mailto:
 videoblogging@yahoogroups.com videoblogging%40yahoogroups.com]
 On Behalf Of Lan Bui
 Sent: Thursday, June 28, 2007 7:31 AM
 To: videoblogging@yahoogroups.com
 videoblogging%40yahoogroups.com
 Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's
  image?

 I am trying to be patient.

 Maybe while I wait for them I can read Naked Conversations,
 the back
 cover alone has very interesting ideas on it.

 -Lan
 www.LanBui.com

 --- In videoblogging@yahoogroups.com
  videoblogging%40yahoogroups.com
 mailto:videoblogging%40yahoogroups.com , Michael Verdi
 michaelverdi@ wrote:
 
  Any word on this yet?
 
  I'd love to hear PodTech say, yes, we made a mistake and are
   working
  on fixing it or we didn't do anything wrong and here's
why or
  something at all. They've been pretty quiet about the whole
 thing.
  Which seems odd as I look up from what I'm typing and notice
  my copy
  of Naked

Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Andreas Haugstrup Pedersen
Den 28.06.2007 kl. 23:06 skrev Roxanne Darling [EMAIL PROTECTED]:

 To infer all sorts of legal complications only confuses things, and
 keeps PodTech in the one down position publicly speaking. I think your
 point about the Vloggies being cash-negative might be relevant
 internally but came across just plain silly to me here on this list.

Do you know what this is:
Its the world's smallest violin playing just for PodTech.

Loosing money on the Vloggies doesn't make PodTech into videoblog  
philanthropists. It just makes them really bad at budgetting. Want me to  
kiss you on the cheek and give you some milk and cookies? Oh, please.

Regardless the amount of money you are throwing at other vloggers are  
totally irrelevant. You are still not paying Lan. He's trying to run a  
business, you like you. (so am I and I have never encountered behavious as  
insane as this)

Unless PodTech is inferring Lan did not take the photograph in question  
(are you?) I fail to see what legal issues there could be. Be a man,  
PodTech. Just admit you fucked up and pay the man. If you had done this  
right away noone would have thought any less of you. It doesn't even make  
sense from a financial standpoint. You have already spent more money in  
man-hours trying to weasel yourself out of this situation (and it ain't  
working, yo).

- Andreas

-- 
Andreas Haugstrup Pedersen
URL: http://www.solitude.dk/ 


Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Roxanne Darling
. We invested in the
 community and
   now
   are negotiating with you.
  
   Robert
  
   From: videoblogging@yahoogroups.com
 videoblogging%40yahoogroups.com[mailto:
   videoblogging@yahoogroups.com videoblogging%40yahoogroups.com]
   On Behalf Of Lan Bui
   Sent: Thursday, June 28, 2007 7:31 AM
   To: videoblogging@yahoogroups.com
   videoblogging%40yahoogroups.com
   Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's
image?
  
   I am trying to be patient.
  
   Maybe while I wait for them I can read Naked Conversations,
   the back
   cover alone has very interesting ideas on it.
  
   -Lan
   www.LanBui.com
  
   --- In videoblogging@yahoogroups.com
videoblogging%40yahoogroups.com
   mailto:videoblogging%40yahoogroups.com , Michael Verdi
   michaelverdi@ wrote:
   
Any word on this yet?
   
I'd love to hear PodTech say, yes, we made a mistake and are
 working
on fixing it or we didn't do anything wrong and here's
  why or
something at all. They've been pretty quiet about the whole
   thing.
Which seems odd as I look up from what I'm typing and notice
my copy
of Naked Conversations on the bookshelf not 12 inches away.
   
- Verdi
   
  
   [Non-text portions of this message have been removed]
  
  
  
 
 
  [Non-text portions of this message have been removed]
 

   
  




  


-- 
Roxanne Darling
o ke kai means of the sea in hawaiian
808-384-5554
http://www.twitter.com/roxannedarling

http://www.beachwalks.tv
http://www.barefeetshop.com
http://www.barefeetstudios.com


Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread Michael Sullivan
finally decided to read this thread through.

no comment

except that i bet we could organize a little crowdfunding effort to pay lan
before podtech does.
care for some competition, podtech?

lan, how much do we need to raise?

in cc we hail,

sull

On 6/28/07, Andreas Haugstrup Pedersen [EMAIL PROTECTED] wrote:

   Den 28.06.2007 kl. 23:06 skrev Roxanne Darling [EMAIL 
 PROTECTED]okekai%40gmail.com
 :

  To infer all sorts of legal complications only confuses things, and
  keeps PodTech in the one down position publicly speaking. I think your
  point about the Vloggies being cash-negative might be relevant
  internally but came across just plain silly to me here on this list.

 Do you know what this is:
 Its the world's smallest violin playing just for PodTech.

 Loosing money on the Vloggies doesn't make PodTech into videoblog
 philanthropists. It just makes them really bad at budgetting. Want me to
 kiss you on the cheek and give you some milk and cookies? Oh, please.

 Regardless the amount of money you are throwing at other vloggers are
 totally irrelevant. You are still not paying Lan. He's trying to run a
 business, you like you. (so am I and I have never encountered behavious as

 insane as this)

 Unless PodTech is inferring Lan did not take the photograph in question
 (are you?) I fail to see what legal issues there could be. Be a man,
 PodTech. Just admit you fucked up and pay the man. If you had done this
 right away noone would have thought any less of you. It doesn't even make
 sense from a financial standpoint. You have already spent more money in
 man-hours trying to weasel yourself out of this situation (and it ain't
 working, yo).

 - Andreas

 --
 Andreas Haugstrup Pedersen
 URL: http://www.solitude.dk/ 
  



[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-28 Thread David Howell
I would donate to that. Lan deserves to be paid for his work as does
anyone else.

David
http://www.davidhowellstudios.com

--- In videoblogging@yahoogroups.com, Michael Sullivan
[EMAIL PROTECTED] wrote:

 finally decided to read this thread through.
 
 no comment
 
 except that i bet we could organize a little crowdfunding effort to
pay lan
 before podtech does.
 care for some competition, podtech?
 
 lan, how much do we need to raise?
 
 in cc we hail,
 
 sull
 
 On 6/28/07, Andreas Haugstrup Pedersen [EMAIL PROTECTED] wrote:
 
Den 28.06.2007 kl. 23:06 skrev Roxanne Darling
[EMAIL PROTECTED]okekai%40gmail.com
  :
 
   To infer all sorts of legal complications only confuses things, and
   keeps PodTech in the one down position publicly speaking. I
think your
   point about the Vloggies being cash-negative might be relevant
   internally but came across just plain silly to me here on this list.
 
  Do you know what this is:
  Its the world's smallest violin playing just for PodTech.
 
  Loosing money on the Vloggies doesn't make PodTech into videoblog
  philanthropists. It just makes them really bad at budgetting. Want
me to
  kiss you on the cheek and give you some milk and cookies? Oh, please.
 
  Regardless the amount of money you are throwing at other vloggers are
  totally irrelevant. You are still not paying Lan. He's trying to run a
  business, you like you. (so am I and I have never encountered
behavious as
 
  insane as this)
 
  Unless PodTech is inferring Lan did not take the photograph in
question
  (are you?) I fail to see what legal issues there could be. Be a man,
  PodTech. Just admit you fucked up and pay the man. If you had done
this
  right away noone would have thought any less of you. It doesn't
even make
  sense from a financial standpoint. You have already spent more
money in
  man-hours trying to weasel yourself out of this situation (and it
ain't
  working, yo).
 
  - Andreas
 
  --
  Andreas Haugstrup Pedersen
  URL: http://www.solitude.dk/ 
   
 
 
 
 [Non-text portions of this message have been removed]





RE: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread John Furrier
Jay,
Lan portrays a completely different picture in public.  We have been in 
communication with him since he contacted us months ago.  Lan has had access to 
PodTech in many different ways from 1 degree of separation to having our direct 
phone numbers and emails.  He has not been treated badly but in fact we have 
been in contact with him from the beginning.

John


From: videoblogging@yahoogroups.com [mailto:[EMAIL PROTECTED] On Behalf Of Jay 
dedman
Sent: Monday, June 18, 2007 8:53 PM
To: videoblogging@yahoogroups.com
Subject: Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?


 This smells like so much Business As Usual, that its a perfect news piece
 for a Monday at the office all the way down to the typical buck-passing
 to Podtech's accounting dept.
 The more things change, the more they stay the same.
 There are a bunch of people on this list who get funding from Podtech-- is
 this a typical reflection of how they work?

ryanishungry.com content partners for Podtech where we've license our
videos to them for a year.
our experience with Podtech has been totally hands off.
we make the video, they keep up their end of the bargain. No problems at all.

Ive talked to Lan about Podtech using his photo without permission,
and the treatment he's received since. It's superbad way to treat
people, especially really noisy bloggers in a tight community. And the
money involved is minuscule compared to what they have.

The lack of communication is a real problem.
podtech needs to join the conversation.

Jay

--
Here I am
http://jaydedman.com

Check out the latest project: http://politicalvideo.org
500 hours of George Bush speeches!!
Search, download, remix!!



[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread Bill Streeter
Yes I agree. My experience with Podtech and my license agreement 
with them has been very positive. At the same time I consider Lan to 
be a friend and I'm sorry that this has become such a problem. I 
hope there is a resolution to this soon. 

Bill Streeter
LO-FI SAINT LOUIS
www.lofistl.com

--- In videoblogging@yahoogroups.com, Jay dedman [EMAIL PROTECTED] 
wrote:

  This smells like so much Business As Usual, that its a perfect 
news piece
   for a Monday at the office all the way down to the typical 
buck-passing
   to Podtech's accounting dept.
   The more things change, the more they stay the same.
   There are a bunch of people on this list who get funding from 
Podtech-- is
   this a typical reflection of how they work?
 
 ryanishungry.com content partners for Podtech where we've license 
our
 videos to them for a year.
 our experience with Podtech has been totally hands off.
 we make the video, they keep up their end of the bargain. No 
problems at all.
 
 Ive talked to Lan about Podtech using his photo without permission,
 and the treatment he's received since. It's superbad way to treat
 people, especially really noisy bloggers in a tight community. And 
the
 money involved is minuscule compared to what they have.
 
 The lack of communication is a real problem.
 podtech needs to join the conversation.
 
 Jay
 
 
 
 
 
 
 -- 
 Here I am
 http://jaydedman.com
 
 Check out the latest project: http://politicalvideo.org
 500 hours of George Bush speeches!!
 Search, download, remix!!





Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread Andreas Haugstrup Pedersen
John,

There is nothing to talk about. Just pay the bill Lan sent you. This sort  
of stuff happens routinely at every media house in the world and they have  
policies in place to deal with it (i.e. pay up).

You guys made a mistake, we all do from time to time. Just pay the man  
what you owe him and move on with your life. If this has been going on for  
months it's a disgrace.

- Andreas

Den 19.06.2007 kl. 15:23 skrev John Furrier [EMAIL PROTECTED]:

 Jay,
 Lan portrays a completely different picture in public.  We have been in  
 communication with him since he contacted us months ago.  Lan has had  
 access to PodTech in many different ways from 1 degree of separation to  
 having our direct phone numbers and emails.  He has not been treated  
 badly but in fact we have been in contact with him from the beginning.

 John

 
 From: videoblogging@yahoogroups.com  
 [mailto:[EMAIL PROTECTED] On Behalf Of Jay dedman
 Sent: Monday, June 18, 2007 8:53 PM
 To: videoblogging@yahoogroups.com
 Subject: Re: [videoblogging] Re: Hey PodTech - What's up with Lan's  
 image?


 This smells like so much Business As Usual, that its a perfect news  
 piece
 for a Monday at the office all the way down to the typical  
 buck-passing
 to Podtech's accounting dept.
 The more things change, the more they stay the same.
 There are a bunch of people on this list who get funding from Podtech--  
 is
 this a typical reflection of how they work?

 ryanishungry.com content partners for Podtech where we've license our
 videos to them for a year.
 our experience with Podtech has been totally hands off.
 we make the video, they keep up their end of the bargain. No problems at  
 all.

 Ive talked to Lan about Podtech using his photo without permission,
 and the treatment he's received since. It's superbad way to treat
 people, especially really noisy bloggers in a tight community. And the
 money involved is minuscule compared to what they have.

 The lack of communication is a real problem.
 podtech needs to join the conversation.

 Jay

 --
 Here I am
 http://jaydedman.com

 Check out the latest project: http://politicalvideo.org
 500 hours of George Bush speeches!!
 Search, download, remix!!



 [Non-text portions of this message have been removed]




-- 
Andreas Haugstrup Pedersen
URL: http://www.solitude.dk/ 


Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread Rupert
So everything's all right, then, is it?  Lan's been paid, his  
copyright respected and an apology given for the unintentional  
oversight?  Pity we didn't hear that in Podtech's public announcement  
there.

I guess John was responding just to Jay's comment that The lack of  
communication is a real problem.

For me, the real problem is that Lan - an individual artist - has  
been kept waiting for payment by a company that apparently has money  
in the bank, after they apparently used his image without permission.

Being a freelancer waiting on an invoice from someone who can easily  
pay it is bad enough - and typical business practice for many big  
companies, unfortunately - but waiting on payment after the company  
has already wronged you, is about as annoying as it gets.

Perhaps there's a reason they're not paying - maybe since they first  
agreed to pay, Podtech has decided they have legal issues with Lan's  
claim and are working these out with their lawyers.  But not to say  
that here, and just to say There's not a problem - we've been  
talking since the beginning. is a bit naive, to put it politely.

This was their PR opportunity to say, We didn't intend to... blah  
blah blah... we will pay as soon as... blah blah blah... we are sorry  
for our... blah blah blah... we share your values and are good guys,  
yours in internet love, blah. - or, if they're not intending to pay,  
to say There are legal reasons we haven't paid that I can't go into  
here, but I'm sorry if it appears blah blah blah

I mean, not everybody would immediately believe that they're knights  
in shining armor - but that's what you say, right?  It shows you want  
to mean well, even if your corporate policy is sometimes in conflict  
with that.   But to me, what he just wrote felt more like, Lan's a  
liar.  We did what we do.  I will not discuss it in public.  Mind  
your own business.   I just edited out the bad language from that  
sentence.

The sad thing is, I like Podtech - I think they're all right,  
generally.  Maybe they just need to smarten up their awareness of  
public perception online and pay their bills a bit quicker.

That's the great advantage of the internet for both sides.   
Individuals get to air their grievances if they feel badly treated,  
and the other side gets to answer back.  Contrast with your options  
in the old days: Steve, the CFO at my last company told me a story  
about when he was working for Philip Morris (i think) as head of  
credit control.  A small businessman that they owed money for months  
and months turned up, got through security somehow, walked up to  
Steve's desk and put his baby on it. There, he said, you fuckin'  
feed her - 'cause I can't.

He said he's never written a cheque so fast in his life :)

Rupert
http://twittervlog.blogspot.com/
http://www.twitter.com/ruperthowe/
http://feeds.feedburner.com/twittervlog/


On 19 Jun 2007, at 14:23, John Furrier wrote:

Jay,
Lan portrays a completely different picture in public. We have been  
in communication with him since he contacted us months ago. Lan has  
had access to PodTech in many different ways from 1 degree of  
separation to having our direct phone numbers and emails. He has not  
been treated badly but in fact we have been in contact with him from  
the beginning.

John


From: videoblogging@yahoogroups.com  
[mailto:[EMAIL PROTECTED] On Behalf Of Jay dedman
Sent: Monday, June 18, 2007 8:53 PM
To: videoblogging@yahoogroups.com
Subject: Re: [videoblogging] Re: Hey PodTech - What's up with Lan's  
image?

  This smells like so much Business As Usual, that its a perfect  
news piece
  for a Monday at the office all the way down to the typical  
buck-passing
  to Podtech's accounting dept.
  The more things change, the more they stay the same.
  There are a bunch of people on this list who get funding from  
Podtech-- is
  this a typical reflection of how they work?

ryanishungry.com content partners for Podtech where we've license our
videos to them for a year.
our experience with Podtech has been totally hands off.
we make the video, they keep up their end of the bargain. No problems  
at all.

Ive talked to Lan about Podtech using his photo without permission,
and the treatment he's received since. It's superbad way to treat
people, especially really noisy bloggers in a tight community. And the
money involved is minuscule compared to what they have.

The lack of communication is a real problem.
podtech needs to join the conversation.

Jay

--
Here I am
http://jaydedman.com

Check out the latest project: http://politicalvideo.org
500 hours of George Bush speeches!!
Search, download, remix!!

[Non-text portions of this message have been removed]






[Non-text portions of this message have been removed]



Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread Michael Verdi
On 6/19/07, John Furrier [EMAIL PROTECTED] wrote:
 We have been in communication with him since he contacted us months ago.  Lan 
 has had access to PodTech in many different ways from 1 degree of separation 
 to having our direct phone numbers and emails.  He has not been treated badly 
 but in fact we have been in contact with him from the beginning.

  John


John,
This concerns us because it seems to be part of our larger struggle to
have our Creative Commons licenses respected. So far, I've seen two
short notes by PodTech people on this, yours, and a line from Scoble
that there is more to the story. Neither address the questions, did
you use the image without permission and if so, what are you doing
about it? It would be really helpful if you could just answer those
points.

- Verdi


[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread Lan Bui
Thank you to everyone who has been following this.

I will follow up on this once there is a resolution.

-Lan





[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread bordercollieaustralianshepherd
How to Contact Podcast.
http://www.podtech.net/home/about#contact
PodTech Network is located at:
1801 Page Mill Rd - Suite 400
Palo Alto, CA 94304
Tel: 650-543-5200
Media  Speaking Opportunities:

Please contact Valerie Cunningham at Valerie at [EMAIL PROTECTED]

Use the directory option when calling. To enter the last name use this
handy decoder: C=2, U=8, N=6, N=6,

No answer? Leave a polite message.



--- In videoblogging@yahoogroups.com, Michael Verdi
[EMAIL PROTECTED] wrote:


http://www.lanbui.com/blog/2007/05/creative-commons-podtechnet-doesnt.html
 
 -- 
 http://michaelverdi.com
 http://spinxpress.com
 http://freevlog.org
 Author of Secrets Of Videoblogging - http://tinyurl.com/me4vs





RE: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread Robert Scoble
Even better, my cell phone is on my blog. 

 

425-205-1921.

 

Robert Scoble

 

###

 

From: videoblogging@yahoogroups.com [mailto:[EMAIL PROTECTED]
On Behalf Of bordercollieaustralianshepherd
Sent: Tuesday, June 19, 2007 9:43 AM
To: videoblogging@yahoogroups.com
Subject: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

 

How to Contact Podcast.
http://www.podtech.net/home/about#contact
PodTech Network is located at:
1801 Page Mill Rd - Suite 400
Palo Alto, CA 94304
Tel: 650-543-5200
Media  Speaking Opportunities:

Please contact Valerie Cunningham at Valerie at [EMAIL PROTECTED]
mailto:media%40podtech.net .

Use the directory option when calling. To enter the last name use this
handy decoder: C=2, U=8, N=6, N=6,

No answer? Leave a polite message.

--- In videoblogging@yahoogroups.com
mailto:videoblogging%40yahoogroups.com , Michael Verdi
[EMAIL PROTECTED] wrote:


http://www.lanbui.com/blog/2007/05/creative-commons-podtechnet-doesnt.html
 
 -- 
 http://michaelverdi.com
 http://spinxpress.com
 http://freevlog.org
 Author of Secrets Of Videoblogging - http://tinyurl.com/me4vs


 



[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread Mike Moon
Hey Lan,

I hope there is a resolution for you soon.

You wrote: After a couple emails back and forth with her I sent her
an invoice for licensed use of the photograph.

My question is... What was the value of the invoice?
The reason I think it's important to know, is that if it's for stupid
money, I would have cut ties too. It's one thing to send them an
invoice for a couple hundred bucks and yet another to send them one
for $38gabillion. 

I assume it was for a reasonable amount, but it helps make a level
headed decision on what the outcome should be.

Mike

--- In videoblogging@yahoogroups.com, Lan Bui
[EMAIL PROTECTED] wrote:

 Thank you to everyone who has been following this.
 
 I will follow up on this once there is a resolution.
 
 -Lan





Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-19 Thread Andreas Haugstrup Pedersen
Den 19.06.2007 kl. 19:07 skrev Mike Moon [EMAIL PROTECTED]:

 My question is... What was the value of the invoice?
 The reason I think it's important to know, is that if it's for stupid
 money, I would have cut ties too. It's one thing to send them an
 invoice for a couple hundred bucks and yet another to send them one
 for $38gabillion.

 I assume it was for a reasonable amount, but it helps make a level
 headed decision on what the outcome should be.

Lan is a professional photographer, I think you can safely assume that the  
price he charged is reasonable.

-- 
Andreas Haugstrup Pedersen
URL: http://www.solitude.dk/ 


[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-18 Thread Steve Watkins
Sorry to hear about this unfortunate disrespecting of peoples creative
ownership rights. Its one thing to make a mistake, another to take no
steps to fix the problem once its been brought to their attention.

I wish I was shocked, unfortunately my extreme cynicism means I do not
expect more decency from web 2 companies than from any other sort of
company. They might start caring now, if it becomes a PR disaster, but
that hardly says anything, its already too late for them to prove
themselves honorable in this case.

Even worse that podtech pretty unashamedly have advertising  PR at
the heart of their business, youd think maybe theyd have a bit of a
clue when it came to this sort of a thing. I dont think Id be over the
moon if I were Seagate right now.

Good point Andrea's about the need to get clearance from persons whose
likeness is used in advertising. I wonder if in this case, such stuff
could be a part of being a Vloggies winner, in the smallprint - do
they have the right to use your image from the vloggies for
advertising and related campaigns? I know such hings can be clauses in
some competitions, maybe it is true in this case, or else perhaps they
already got Casey's permission? 

Cheers

Steve Elbows

--- In videoblogging@yahoogroups.com, Andreas Haugstrup Pedersen
[EMAIL PROTECTED] wrote:

 Den 18.06.2007 kl. 19:58 skrev Michael Verdi [EMAIL PROTECTED]:
 
 
http://www.lanbui.com/blog/2007/05/creative-commons-podtechnet-doesnt.html
 
 Collections agency
 then
 Small claims court
 
 Fucking morons. Lan, I hoped you marked up your regular prices to
account  
 for them being assholes when you sent your invoice.
 
 As Tim points out in the comments PodTech needs permission for Casey
as  
 well (this isn't a news story, but regular advertising).
 
 -- 
 Andreas Haugstrup Pedersen
 URL: http://www.solitude.dk/ 





[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-18 Thread Steve Watkins
Ive been reading an interview with podtech's great leader, and now I
feel all dirty, its business as usual for sure:

http://www.vibacom.si/violeta/?p=88

My day jobs gone all pearshaped and Im sitting here wondering, if I
could ever get a clue and focus my energy positively, and if I was any
good, how I could possibly do vlogging for a living without having to
touch any of this stink with a bargepole. Can it be done, has anybody
suceeded at all yet without going near the beast that is advertising?

Cheers

Steve Elbows

--- In videoblogging@yahoogroups.com, schlomo rabinowitz
[EMAIL PROTECTED] wrote:

 This smells like so much Business As Usual, that its a perfect news
piece
 for a Monday at the office all the way down to the typical
buck-passing
 to Podtech's accounting dept.
 
 The more things change, the more they stay the same.
 
 There are a bunch of people on this list who get funding from
Podtech-- is
 this a typical reflection of how they work?
 
 Schlomo
 http://schlomolog.blogspot.com
 http://weknowhow.tv
 http://winkshow.com
 http://hatfactory.net
 
 
 --- In videoblogging@yahoogroups.com videoblogging%40yahoogroups.com,
 Andreas Haugstrup Pedersen
 
  solitude@ wrote:
  
   Den 18.06.2007 kl. 19:58 skrev Michael Verdi michaelverdi@:
 
  
   
 
http://www.lanbui.com/blog/2007/05/creative-commons-podtechnet-doesnt.html
  
   Collections agency
   then
   Small claims court
  
   Fucking morons. Lan, I hoped you marked up your regular prices to
  account
   for them being assholes when you sent your invoice.
  
   As Tim points out in the comments PodTech needs permission for Casey
  as
   well (this isn't a news story, but regular advertising).
  
   --
   Andreas Haugstrup Pedersen
   URL: http://www.solitude.dk/ 
  
 
   
 
 
 
 [Non-text portions of this message have been removed]





[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-18 Thread David Howell
I assume that Scoble knows what's going on with this however he is
refusing to say anything online about it...

http://blogumentary.typepad.com/chuck/2007/06/podtech_please_.html#comments

Ah what a wicked web we weave...

I'm a gittin some popcorn to watch this one play out!

David
http://www.davidhowellstudios.com



--- In videoblogging@yahoogroups.com, schlomo rabinowitz
[EMAIL PROTECTED] wrote:

 This smells like so much Business As Usual, that its a perfect news
piece
 for a Monday at the office all the way down to the typical
buck-passing
 to Podtech's accounting dept.
 
 The more things change, the more they stay the same.
 
 There are a bunch of people on this list who get funding from
Podtech-- is
 this a typical reflection of how they work?
 
 Schlomo
 http://schlomolog.blogspot.com
 http://weknowhow.tv
 http://winkshow.com
 http://hatfactory.net
 
 
 --- In videoblogging@yahoogroups.com videoblogging%40yahoogroups.com,
 Andreas Haugstrup Pedersen
 
  solitude@ wrote:
  
   Den 18.06.2007 kl. 19:58 skrev Michael Verdi michaelverdi@:
 
  
   
 
http://www.lanbui.com/blog/2007/05/creative-commons-podtechnet-doesnt.html
  
   Collections agency
   then
   Small claims court
  
   Fucking morons. Lan, I hoped you marked up your regular prices to
  account
   for them being assholes when you sent your invoice.
  
   As Tim points out in the comments PodTech needs permission for Casey
  as
   well (this isn't a news story, but regular advertising).
  
   --
   Andreas Haugstrup Pedersen
   URL: http://www.solitude.dk/ 
  
 
   
 
 
 
 [Non-text portions of this message have been removed]





Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-18 Thread Irina
yes, scoble knows

On 6/18/07, David Howell [EMAIL PROTECTED] wrote:

   I assume that Scoble knows what's going on with this however he is
 refusing to say anything online about it...


 http://blogumentary.typepad.com/chuck/2007/06/podtech_please_.html#comments

 Ah what a wicked web we weave...

 I'm a gittin some popcorn to watch this one play out!

 David
 http://www.davidhowellstudios.com

 --- In videoblogging@yahoogroups.com videoblogging%40yahoogroups.com,
 schlomo rabinowitz
 [EMAIL PROTECTED] wrote:
 
  This smells like so much Business As Usual, that its a perfect news
 piece
  for a Monday at the office all the way down to the typical
 buck-passing
  to Podtech's accounting dept.
 
  The more things change, the more they stay the same.
 
  There are a bunch of people on this list who get funding from
 Podtech-- is
  this a typical reflection of how they work?
 
  Schlomo
  http://schlomolog.blogspot.com
  http://weknowhow.tv
  http://winkshow.com
  http://hatfactory.net
 
 
  --- In videoblogging@yahoogroups.com 
  videoblogging%40yahoogroups.comvideoblogging%40yahoogroups.com,
  Andreas Haugstrup Pedersen
 
   solitude@ wrote:
   
Den 18.06.2007 kl. 19:58 skrev Michael Verdi michaelverdi@:
  
   

  
 http://www.lanbui.com/blog/2007/05/creative-commons-podtechnet-doesnt.html
   
Collections agency
then
Small claims court
   
Fucking morons. Lan, I hoped you marked up your regular prices to
   account
for them being assholes when you sent your invoice.
   
As Tim points out in the comments PodTech needs permission for Casey
   as
well (this isn't a news story, but regular advertising).
   
--
Andreas Haugstrup Pedersen
URL: http://www.solitude.dk/ 
   
  
  
  
 
 
  [Non-text portions of this message have been removed]
 

  




-- 
http://geekentertainment.tv


[Non-text portions of this message have been removed]



[videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-18 Thread Steve Watkins
Well to try to be fair, I suppose this is one of the downsides of
working for companies, its probably not condusive to being able to
speak freely, who knows whats going on in terms of podtech presenting
their case, who will be responsible for doing that, what their side of
the story is.

Its pretty obvious that my personal opinions cause me to be rather
harsh about most companies and those who become embroiled in the
company way of doing things. Occasionally I try to balance this with a
more rational attempt to see the other side, but it sure is hard when
the other side of the story is unavailable.

Certainly I cant rightly point finger of blame at any particular human
associated with podtech, definately not at this stage, and my earlier
rant about Furrier interview is really just me getting all ranty about
my personal dislike of advertising culture and all that goes with it. 

Anyway I dunno why Im stil posting my opinions here when everyone is
probably rather sick of them and it feels like Ive been sent to
coventry since my rage against the wikipedia incident. Which is ironic
as I live so close to the real Coventry. And why am I going on about
my own personal (mis)conceptions of a situation unrelated, as if
anyone cares, we reap what we sow, so I deserve what I get I guess.
Elbows and his long and dull attack history which has ultimately
claimed only himself as victim, wibble waffle blurg.

This brain fart of a message is licensed under a
non-creative-ranting-ignore-alike 3.45 UK version license.

Steve Elbows

--- In videoblogging@yahoogroups.com, David Howell [EMAIL PROTECTED]
wrote:

 I assume that Scoble knows what's going on with this however he is
 refusing to say anything online about it...
 

http://blogumentary.typepad.com/chuck/2007/06/podtech_please_.html#comments
 
 Ah what a wicked web we weave...
 
 I'm a gittin some popcorn to watch this one play out!
 
 David
 http://www.davidhowellstudios.com
 
 
 
 --- In videoblogging@yahoogroups.com, schlomo rabinowitz
 schlomo@ wrote:
 
  This smells like so much Business As Usual, that its a perfect news
 piece
  for a Monday at the office all the way down to the typical
 buck-passing
  to Podtech's accounting dept.
  
  The more things change, the more they stay the same.
  
  There are a bunch of people on this list who get funding from
 Podtech-- is
  this a typical reflection of how they work?
  
  Schlomo
  http://schlomolog.blogspot.com
  http://weknowhow.tv
  http://winkshow.com
  http://hatfactory.net
  
  
  --- In videoblogging@yahoogroups.com
videoblogging%40yahoogroups.com,
  Andreas Haugstrup Pedersen
  
   solitude@ wrote:
   
Den 18.06.2007 kl. 19:58 skrev Michael Verdi michaelverdi@:
  
   

  

http://www.lanbui.com/blog/2007/05/creative-commons-podtechnet-doesnt.html
   
Collections agency
then
Small claims court
   
Fucking morons. Lan, I hoped you marked up your regular prices to
   account
for them being assholes when you sent your invoice.
   
As Tim points out in the comments PodTech needs permission for
Casey
   as
well (this isn't a news story, but regular advertising).
   
--
Andreas Haugstrup Pedersen
URL: http://www.solitude.dk/ 
   
  

  
  
  
  [Non-text portions of this message have been removed]
 





Re: [videoblogging] Re: Hey PodTech - What's up with Lan's image?

2007-06-18 Thread Jay dedman
 This smells like so much Business As Usual, that its a perfect news piece
  for a Monday at the office all the way down to the typical buck-passing
  to Podtech's accounting dept.
  The more things change, the more they stay the same.
  There are a bunch of people on this list who get funding from Podtech-- is
  this a typical reflection of how they work?

ryanishungry.com content partners for Podtech where we've license our
videos to them for a year.
our experience with Podtech has been totally hands off.
we make the video, they keep up their end of the bargain. No problems at all.

Ive talked to Lan about Podtech using his photo without permission,
and the treatment he's received since. It's superbad way to treat
people, especially really noisy bloggers in a tight community. And the
money involved is minuscule compared to what they have.

The lack of communication is a real problem.
podtech needs to join the conversation.

Jay






-- 
Here I am
http://jaydedman.com

Check out the latest project: http://politicalvideo.org
500 hours of George Bush speeches!!
Search, download, remix!!