Did they ask?

I thought I'd post the email, if that is ok.

Congratulations,

Radio Wave FX, one of your products, has been added to Softpedia's
database of software programs for the Windows operating system. It is
featured with a description text, screenshots, download links and technical
details on this page:
http://www.softpedia.com/get/Desktop-Enhancements/Other-Desktop-Enhancements/Radio-Wave-FX.shtml

The description text was created by our editors, using sources such as
text from your product's homepage, information from its help system, the
PAD file (if available) and the editor's own opinions on the program
itself.


"Radio Wave FX" has been tested in the Softpedia labs using several
industry-leading security solutions and found to be completely clean of
adware/spyware components. We are impressed with the quality of your
product and encourage you to keep these high standards in the future.

To assure our visitors that Radio Wave FX is clean, we have granted it
with the "100% CLEAN" Softpedia award. To let your users know about this
certification, you may display this award on your website, on software
boxes or inside your product.

More information about your product's certification and the award is
available on this page:
http://www.softpedia.com/progClean/Radio-Wave-FX-Clean-141861.html

Feel free to link to us using the URLs above. If you choose to link to the
clean award page for your product, you may use the award graphic or a text
link: "100% CLEAN award granted by Softpedia".



Your developer page on Softpedia can be reached at the URL below. It
contains the list of software products and a link to your website.
http://www.softpedia.com/developer/PuterDudeJim-61341.html

If you feel that having your product listed on Softpedia is not a benefit
for you or simply need something changed or updated, please contact us via
email at webmaster@softpedia.com and we will work with you to fix any
problem you may have found with the product's listing.

--
Sincerely,
The Softpedia Team

Doesn't sound like a rip while offering you the "carrot" of the "100% Clean Award".

Honest people ask permission first, though sending you notification was a nice touch. Basically they have a site pushing other people's stuff while selling advertising.

As was said about Ed Sullivan, "He'll survive as long as there are other people with talent."

Together with that, Jim...you do great stuff, and I'll download it as long as I can find it! And congratz that it received the "100% Rip Worthy Award" LOL!

Can't be a rip if it's attributed to you, ya RedNeck!

It would have been nice if they had contacted you first asking your permission and that the download link was to the WC Gallery Library.

I would keep an eye out and see if they do it again with another of your skin.  They may take the approach that you opened the door with this first one. 

If I were a skinner I would appreciate the asking first before the posting on thier site, but then that's just me and this may be all right with the rest of the folks.

They sent another email about another cursor. They have them all on there.

We have to acquire permissions for the things we use here at WC so why should there be a difference in this situation.  I do congratulate you Jim for the recognition you have been given and that your cursor was chosen, but I think it sets a bad precedent not to ask for permission first.  IMHO

Here is what I am writing to them.  Any suggestions?

Congrats on the exposure.

But yeah you have to laugh at how they send you a "Congratulations" letter letting you know they are using your stuff to get traffic on their site. Funny too that they put up about half of those cursors 5 days ago but never sent you a letter until they put more up today. It'd be nice if they just directed people to your gallery to download them rather than allowing direct downloads, I would think.

edit: note to self : next time refresh the page first.

The letter looks good Jim.

Do you have the ability to remove or change your work?

Are you getting any compensation?

Jim....

Their email translates as '''

"Hi...we liked your stuff so we took it to pass around to others who might like it too.  We did not ask your consent as we do not care about Intellectual Copyright or maybe we are ignorant."

Direct linking to the Wincustomize database is called 'data-mining' which is generally frowned-upon so isn't ideal either.

Their correct course of approach should have been...

"Hi...we like your stuff and wish to make it available from our site for download to our members/users....is that OK?"

Several years ago a Japanese 'computer' magazine contacted several of us in just a similar manner....most accepted [though other mag/CD content was Japanese 'soft' porn which wasn't necessarily an ideal association...but I still have the mag somewhere with a few of my skins in it.

If someone wants to redistribute your property in any form what-so-ever he/she MUST obtain your PRIOR consent.

Anything less is abuse of your property rights.

Oh...I need to add...

It is almost a given that there will be a respondent here who states 'he does not give a toss about his property/skins and anyone can have it'....and that's fine.... FOR HIM.

The issue with an individual's property rights is that he MUST vigorously defend those rights at any and every opportunity....because....if at one time he says 'I don't care'...or shows no interest in their protection the horse has bolted for any future attempt at protection.  A subsequent 'abuser' can point to the prior indifference as what we call in the architecture game as 'first intrusion' [when a block of flats is hard to reject when a precedent was already set by - the first intrusion [block built]].

People need to keep a firm grip on their stable door.

If YOU do not care about your property rights then rest assured....no-one else will, either.

Jafo...PM. 

I had the same thing happen with my work and a company called BrotherSoft.com Jim.  Took me forever to get my stuff off there too.  I imagine with the email you sent Softpedia in response that they will just remove your work, companies like these don't care about anything intellectual rights, all they care about is creating site content to draw people in.  Heck, my work is even on TUCOWS and they did not ask either.