LockedAcross the Nation (Best of List) - Eating The Road

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The Travelin Man
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/11 22:21:23 (permalink)
mar52

Dale, your posts weren't the only ones used.

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Those weren't the only ones he used, either.  He (I'll use "he" instead of he/she/it/they) had posted a few of my threads too, and I shot him a PM asking him to take them down.  He didn't just re-post pictures (also called "hot linking").  He "grabbed" (took) my photos (as well as others'), edited them and then hosted them on his own web site for his own purposes.  I don't know how anyone could NOT consider that to be stealing.  This is an example:



The reality is that "hot linking" is a fairly common practice on the Internet.  I would be willing to bet that to the true letter-of-the-law, it is also copyright violation - and I am not going to be so self-righteous as to say that I have never done it.  Of course, there is usually no malicious intent involved, and often times credit is given as to where one found the photo or credit given to the photographer.  Either way, the photo is not removed from the host site, edited and then re-posted elsewhere without permission - which is what was done here. 

I sent the PM because I didn't like my "stuff" being used without my permission - least of all for a web site that I know nothing about.  I don't know what plans he has for my photos or how many other he plans to take in the future.  But, if I post something here on roadfood.com, that was my intended audience for what I chose to post.  It's my words, my photos, in my context, etc.

EatingTheRoad sent me back a message - and apologized for misappropriating my material.  He also took down the information that I requested.  However, the rest of his message was pure BS - and I knew it at the time - and I should have called him on it publicly at the time.  Instead, I just mentioned it to a few select friends.  But, this is what he wrote....

....Just as a point, my intentions were not to "steal, swipe or plagiarize" your work I was just blown away by how great the food looked and how helpful the lists were so I decided to compile them neatly. In all honesty it was more an homage than anything. I do greatly appreciate and enjoy your trip reports. Further, just to note, there is no monetary or other gain intended from my blog, it is a personal log of my travels and is no way commercial. I also made sure to give all credit to the derivation of the lists and photos and was not trying to "play them off" as my own.....

The bolding is, obviously, mine.  Of course he was in it for a monetary gain.  I guess the idea of having a "store" on your web site is not about making money (the link has since been removed, but he was selling poster-sized versions of his flow charts).  As has been evidenced by the tone of this thread, I don't think anyone had any trouble identifying that his goal from day one was to drive traffic from this site to his own site for the purpose of making money.  I don't begrudge anyone making money - but, do it on your own work.  If I wanted to have a blog of my own travels, I would.  If I wanted to contribute something to another site, I would.  It was not long after this message from him that he put up the PayPal donation button.  I mentioned it to buffetbuster when it first went up - having felt vindicated that I correctly identified this dude for what he is/was.  From Day One, he was attempting to build a brand of his own - and he did it successfully, too.  He has parlayed his "personal log" of travels into a paid blogging gig.  Good for him.  But, I hope he keeps a better eye on how he uses other people's intellectual property, or he will end up getting people with some deeper pockets in trouble.
post edited by The Travelin Man - 2010/01/11 23:23:56
JRPfeff
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/11 22:49:49 (permalink)
I suggest that we no longer link to the ETR blog or that Topcultured site and refrain from clicking any of the existing links.

I see no reason to send traffic to either of those extremely lame websites.
mar52
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/12 00:33:58 (permalink)
Exactly!  

I was drawn in at the beginning because he was posting about things I knew personally.  I could relate.
Then it started "feeling" strange.  

For the last few weeks, this person has been sending his charts and links to his stuff to every food site imaginable.  I Google his new name and he's everywhere.  

He's done with us.

After thought....

TTM...  So you went to his store and it was closed?
carolina bob
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/12 10:48:33 (permalink)
Remember the old expression about "a wolf in sheep's clothing"?....   
Wintem01
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/12 13:15:28 (permalink)
Thanks to all for the clarification. I stand, abashedly, corrected.
The Travelin Man
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/12 13:23:24 (permalink)
mar52
After thought....

TTM...  So you went to his store and it was closed?


It was initially open, so I don't think that counts. 
trzhotel
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/12 14:05:20 (permalink)

One of the first things I noticed about ETR was that the majority of the places he went were so well known. I had heard of many places visited in New Mexico or Arizona. Most seem to have been featured on one of exactly two television shows. So many people here are obsesssed with the undiscovered places, it made ETR stick out.

I don't really have a problem with a sorta-professional internet marketing type putting up pictures. What struck me as odd about the Christmas giveaway was that they were giving out a gift bag of stuff, then asking for paypal donations in the same entry. Where would they have gotten all that schwag from anyway?:
http://eatingtheroad.wordpress.com/2009/12/06/win-over-250-in-swag-christmas-giveaway/


JRPfeff
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/12 21:29:33 (permalink)
TTM -

The ownership of the intellectual property on Roadfood is more complicated than you explain above.  The following is from the site Rules of Conduct (emphasis added).

2. OWNERSHIP OF MESSAGES
Roadfood.com encourages the submission of material such as guides, articles, story's, editorials, and other creative "Submissions" that might be found useful by the Roadfood community. Authors of such material will retain their full rights to the work; Roadfood.com reserves the right to publish such submissions on our web site(s) unless the author requests otherwise.

Participant authorizes Roadfood.com to utilize, in any manner it sees fit and for eternity, the Submissions posted on the site, which shall become the property of Roadfood.com. Participant releases Roadfood.com from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify Roadfood.com in connection therewith. Participant agrees and acknowledges that participation in the Roadfood.com site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between Participant and Roadfood.com (other than the contractual relationship between Roadfood.com and Participant entered into by virtue of Participant's agreement to these Rules of Conduct.)
It doesn't take Matlock to figure out that someone has not complied with these rules.  A Seinfeld food thread was instigated by ETR and active on Roadfood from 10/25 thru 11/27/09.  Not coincidentally, several Seinfeld food entries were posted at ETR's blog starting on 12/18 and at Topcultured starting in early January. 

I believe the postings at these two websites are in violation of the Roadfood terms of use and a violation of a copyright owned by Roadfood.com.  Probably not a big deal if this was being done for fun.  But each of these websites appear to be commercial endeavors.

jrp
mayor al
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/13 12:15:03 (permalink)
A scam is a scam is a scam.

I suggest that we close the subject to stop giving the guy the attention he apparently so actively seeks.  That is a personal opinion from me, not an action order by a Moderator.
Tony Bad
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Re:Across the Nation (Best of List) - Eating The Road 2010/01/13 12:45:58 (permalink)
mayor al

A scam is a scam is a scam.

I suggest that we close the subject to stop giving the guy the attention he apparently so actively seeks.  That is a personal opinion from me, not an action order by a Moderator.





I agree Al
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