Dumbass Alert
I'd like to bring your attention to Dustin of Panick-Serenade.net. This scummy little specimen is one of those particularly annoying web thieves; almost worthy of a Pants Award except I can't be arsed to give one out. This little fool is particularly notable in that he's ballsy, oh yes.
Dustin's header image is badly cropped from a gorgeous wallpaper designed by Nick of n.design. Nick is aware that this guy is stealing from him because he's got a screenshot of the offending site in a flickr gallery entitled "Rip Showcase". Instead of admitting he's in the wrong and removing the art, Dustin is claiming that it's still his layout and until Nick specifically contacts him to get it removed he's "not gonna worry about it
". One would think that the fact that Nick has highlighted this theft means he's not happy about it, but apparently that's a concept that's escaped our Dustin.
Dustin claims that he got permission to use the imagery from someone else on flickr, except when confronted he conveniently can't remember who it was he asked. More amusingly is the fact that — when confronted again — the permission suddenly came from someone on youtube ("but the youtube account guy I got it from said it was ok to redistrobute
").
All of this is minor to me because I'm not here to fight Nick's battles. I don't know the guy, and while I suffer from major envy of his skills, it's not my place to dictate who can and can't use his stuff. What actually struck me about this chap was the attempts at tutorials... you see, for someone who claims to have never stolen before I find it odd that someone else's JavaScript is being redistributed "HTML & java" (ick, that's JavaScript) and those "Faster Firefox" tips are copied without credit from the originating site.
Finally, and the reason why this is anything to do with me, is the notice at the bottom of his sidebar: "All graphics, coding, and layouts are copyright of my site. Unless stated otherwise here.
" This is fine, it's a typical (and inaccurate) copyright statement. However, what is not mentioned on "here" (the credits page) is the use of some JavaScript in his code from tutorialtastic. This means that Dustin is claiming — with his generalised copyright statement — that it is, in effect, his. Now, I don't require credit to use any of my code from TT but I specifically state on my Disclaimer that claiming the code as anything but mine violates my intellectual rights.
Tut tut, someone's been naughty.
On Sun 24th Jun 2007 @ 22:02, Tom said:
Little bastard...
On Sun 24th Jun 2007 @ 22:17, Ashley said:
I ran across Nick's site for the first time the other day. I was amazed by his stuff. This Dustin guy...well...I have no words. Your comments on his site are funny.
On Sun 24th Jun 2007 @ 22:37, Dustin said:
Why thank you for giving my website even MORE exposure =D. Bt seriously, maybe if you would take the time to read my blog a little you would understand that I was mislead. I didnt crop it form nicks wallpaper. Or at least that what I thought at first. Now I made my layout, got the artwork from a flickr account which clearly now was a theif. And now i'm getting blaimed for this, dont you love people who think their completely right and dont listen to anything you try to tell them? Yeha your one of those people. And if you would have bothered to read my blog (once again) you would CLEARLY see that i am removing the layout by the end of today if theres no contact. Besides, the artwork isent yours, so you really have no say in this matter. Have a good day, and freshen up on your listening skills, they're not to sharp =).
On Sun 24th Jun 2007 @ 22:38, Katy said:
perhaps his next trick should be to steal a spellchecker from somewhere
On Sun 24th Jun 2007 @ 22:45, Connor Wilson said:
This is the type of guy that is clearly a douche bag, and is clearly stealing on of the most well known pieces of art work on the net, and his traffic reflects that (he uses the Extreme Tracker). Calling him out is only boosting his confidence and and visitors. I'm all for embarrassing and calling out those deserving but this is the reaction this guy is looking for.
On Sun 24th Jun 2007 @ 22:50, Ben said:
@ Dustin If you want people to take you seriously. You can start off by making sure that you spell correctly. I found it intolerable trying to read that comment. And to be perfectly fair, you said that you did not know that it was his wallpaper. It doesn't matter. You still used an image which was not your own and used it for your own gain. You say that you had the permission of the "flickr" person, but he should of stated from the beginning that it was not his/hers. I feel you are both in the wrong (not Nick of n.design, but you and the "flickr" person). By the way, Jem isn't giving you more exposure. She is, but not of the good kind. If I were you I would take the layout down now, and save yourself more humiliation. And also, nice attempt at blocking Jem. LOL.
On Sun 24th Jun 2007 @ 22:51, Aaron said:
Wow. Like, seriously, wow. About time, too. I've been waiting for someone to jump on his website for a while now.
On Sun 24th Jun 2007 @ 22:52, Jessica said:
Oh, how embarrassing Dustin. Stealing a very popular graphics from N Design Studio. Don't worry Dustin, you're very popular. I know 5 people that just blocked you. ^_^
On Sun 24th Jun 2007 @ 23:05, Rhys said:
Jem could eat Dustin for breakfast.
On Sun 24th Jun 2007 @ 23:20, Ben said:
Well he's taken it down now. 8-)
On Sun 24th Jun 2007 @ 23:29, Jordan said:
I'm this he's learned his lesson, or if he hasn't, hopefully he'll at least learn to tuck his balls and just accept he's wrong and not make a big deal about it. *shrugs*
On Sun 24th Jun 2007 @ 23:47, Carly said:
Yeah the image has gone now... it's not too hard to find good quality stock for images anyway.. NDesign is a very aesthetically pleasing website..!
On Sun 24th Jun 2007 @ 23:53, Chris Allen said:
See.... When I read that this had happened on his site, he wasn't just referring to Dustin, he had also found prints being sold and so on. However as Jem had said that the reason it had anything to do with her is his disclaimer... which was really stupid of him. Thank you Jem for posting about it, I hate it when people take people's things without asking!
On Mon 25th Jun 2007 @ 00:43, Ashley said:
What high school sophomore doesn't know how to spell "blaimed"?
On Mon 25th Jun 2007 @ 01:04, Bubs said:
lol I always miss all the fun
On Mon 25th Jun 2007 @ 02:10, Sara said:
stupid.
On Mon 25th Jun 2007 @ 02:55, Bobbi-lee said:
I do agree that it is stupid that once he knew it was stolen he should have taken it down. He says in his blog that he emailed Nick waiting for a reply before he took it down, but I think he should have taken it down until he got a reply. But I also don't think he knew (before he was told) that he was stealing, he had honestly thought he had received permission from this flickr account where the image is here http://tinyurl.com/2ta36o as well as all the other stolen artwork of Nick here http://tinyurl.com/2ekxas who seems to be giving permission to anyone to use it.
On Mon 25th Jun 2007 @ 02:56, Kirsty said:
I think he's blowing bubbles out of his bottom. I don't know if he had this before, but based on what he has at this moment, on his credit page is linked ndesign. (the fact that it says wallpaper usage only on ndesign proves he shouldn't be doing this anyway) but this just proves - if he didn't add it after all this - he's lying about the flickr account (which I think he made himself).
On Mon 25th Jun 2007 @ 05:40, Amelie said:
He made that Flickr account himself. It's a bit obvious...
On Mon 25th Jun 2007 @ 06:37, Jack said:
I like how he came here and argued that it wasn't your place to get involved, Jem, while totally ignoring the part of your post where you mentioned he was taking credit for your work. Masterful reading comprehension on his part.
On Mon 25th Jun 2007 @ 06:40, Shannon said:
Ick. I hate when these things happen. But I see a lot of websites with just stolen art cheaply blurred and cropped. I remember when a DeviantART member found that his photography was used as cover-art in (I think) two different books without his permission. They apparently refused to acknowledge him and his contacts.
On Mon 25th Jun 2007 @ 06:53, Vera said:
He took it down... though apparently not because the owner of ndesign asked, but due to his "fanclub" asking. He words his sentences in a rather weird way so I can't say much... aside that maybe his small font size is trying to hide something (his inability to understand logic)...
On Mon 25th Jun 2007 @ 07:40, Bobbi-lee said:
[quote] He made that Flickr account himself. It's a bit obvious...[/quote] my bad. I realised that after I posted the comment.
On Mon 25th Jun 2007 @ 08:10, Amber said:
Maybe you could give him a lesson on grammar and spelling whilst you teach him copyright?
On Mon 25th Jun 2007 @ 08:23, Ben said:
[quote]"He made that Flickr account himself. It's a bit obvious..."[/quote] The comment on the picture he used gives it away a bit aswell. And the profile comment. Oh, and the fact that everything was uploaded either on the 23rd or 24th?
On Mon 25th Jun 2007 @ 08:29, Mat said:
Notice all the images are uploaded on Jun 23 and 24th 2007. I agree with Amelie, what a tit he went and made this account to somehow legitamise blatant theft. This doesnt even deserve the honour of a pants award.
On Mon 25th Jun 2007 @ 09:03, Rachael said:
@Kirsty... I wanna fart bubbles! I've never heard that phrase before. It's awesome. Mind if I 'borrow' it?
On Mon 25th Jun 2007 @ 09:15, Tiddley said:
" Amber said: Maybe you could give him a lesson on grammar and spelling whilst you teach him copyright? " I second that. I was reading his comment up there, and with all that it said why was it the spelling and grammar that irked me the most?
On Mon 25th Jun 2007 @ 09:31, Dustin said:
wait so im a stealer for using artwork i didn't know was someone elses? Ok take this situation to grasp people... So your making a layout, and your looking for a top image background. (lets jsut say, even if your normally not.) then you come across that wallpaper on flickr via google mk? So you politely message the "owner" of the artwork on flickr claiming it as theirs, then you wait for a reply. Now at this point heres whats going through your head. "I've got some artwork to use, the owner to credit, and now im really to get this done." So you get a answer which is yes and finish up the layout, put it up, and also post proper credit to the "owner". Now a day goes by with he new layout, everythings peaceful. Then out of nowhere someone clals you a stealer and you come to find out that the artwork you had used for your top image is actually stolen, thus making you look even more like a stealer. So what do you do? well I done the mature thing and e-mailed Nick about the situation, waiting a reply for I got a huge amount of comments on my website telling me im stupid and immature for stealing when honestly, I know none of them took the time to look into situation deeper. So heres what happened: Someone stole from nick(flickr), I used "their" artwork thinking it really was theirs, then im bashed with tons of complaints telling me ive stolen from nick. Not that i'm the victim here, its just I really just wish people would take some time to consider whats going on before posting some very rube comments. I do however admit that my copyright was misleading too. And as you can see, i've changed it to reflect whats happened. Please guys if your gonna post on my website, consider what you say before you say it. And I know how to spell, its just i cant type too well :].
On Mon 25th Jun 2007 @ 09:45, Jem said:
[quote]So what do you do?[/quote] Remove the artwork straight away and contact the actual owner with a very big apology. I would certainly not act like an obstinate arse on my website claiming that the layout was "mine, all mine" that I wasn't going to take it down & accusing everyone who questioned your actions of being a bitch, immature, etc. As for the copyright notice, it looks exactly the same to me.
On Mon 25th Jun 2007 @ 11:51, Bobbi-lee said:
[quote] So your making a layout, and your looking for a top image background. (lets jsut say, even if your normally not.) then you come across that wallpaper on flickr via google mk?[/quote] 1. Most people would make their own header image from their own stocks, photographs and credited brushes and textures etc.. 2. Using images searched via google is not allowed, it is subject to copyright and you need permission [b]first[/b] before making it into a layout. The same goes for celebrity images used in blends, wallpapers and headers etc, if you did not make the artwork or take the photograph it is not yours to use. 3. Try searching deviantart.com for [i]free[/i] stock images that you can use with credit, rather than flickr or google.
On Mon 25th Jun 2007 @ 13:16, Rachael said:
There's plenty of places you can get free stock photos. Alternatively, get creative and take your own pictures. Do you have a camera? Get out there and take pictures! Practice makes perfect. Even if you didn't know the picture was stolen, it's still theft.
On Mon 25th Jun 2007 @ 13:22, Annie said:
Wow, amazing artwork from Nick. I think it would have been safer to make your own image or use your own photos because then you're less likely to be subjected to such comments. When you're searching for an image you really should have made sure that the art was the owners and not stolen in the first place.
On Mon 25th Jun 2007 @ 14:19, Stephanie said:
Since he didn't know about the artwork, I'll forgive him for that, but he still has to get rid of it. And the guy from flickr has to be bashed. But it's the copyright notice and the part about tutorialtastic that needs to be changed.
On Mon 25th Jun 2007 @ 14:41, Carly said:
The Flickr account is down now as well.
On Mon 25th Jun 2007 @ 16:19, Heather said:
This guy is an idiot, it seems to me that what he's doing now he's doing purely for attention. I think he should have taken down the artwork IMMEDIATELY after finding out it was stolen, apologized to Nick, and then made the post about what happened and apologizing for the mishap. I'm sure that nobody would have continued to bash him about it if he would have just taken it down immediately, but from what I can see he goes off on his tirade about how he was, oh boohoo, mislead and is just a victim in this whole scenario. I like how he just continues to not read Jem's post in its entirety. I agree with Amelie, he's probably just made up the flickr account and this whole business about "finding the image on flickr... blah blah". ... this is why I've only been using my own photography/images/ect. in my layouts on my site, unless like on my fanlistings it's just absolutely impossible. It's not that hard to pick up a camera and take some photos!
On Mon 25th Jun 2007 @ 16:54, Jordan said:
I know I can be a stubborn mule sometimes, but jesus christ, this kid just needs to learn to tuck his balls in and shut up about something, instead of making himself look like a bigger ass. I hate when people are OBVIOUSLY wrong and yet still try to come in and "defend' his/herself, but still looks like a huge flaming idiot.
On Mon 25th Jun 2007 @ 17:01, Arien said:
I'm with Bubs on this one, I miss all the fun... This is why I "very quickly" quite using other artwork I "found" and only make my own now. Anything that is not my own is credited after making sure it is allowed use, such as my dolls. Wish other people like this poor little pissant would realize what it means to be the artist whom has been stolen from. (has been there, done that and owns the t-shirt)
On Mon 25th Jun 2007 @ 19:45, Trisha said:
You think that's bad? I came across a website the other day that completely ripped off Nick's website left, right, and center. Stole his entire layout, content, and it all. It was really pathetic.
On Mon 25th Jun 2007 @ 21:15, Louise said:
[quote] wait so im a stealer for using artwork i didn't know was someone elses? Ok take this situation to grasp people... So your making a layout, and your looking for a top image background. (lets jsut say, even if your normally not.) then you come across that wallpaper on flickr via google mk? So you politely message the "owner" of the artwork on flickr claiming it as theirs, then you wait for a reply. Now at this point heres whats going through your head. "I've got some artwork to use, the owner to credit, and now im really to get this done." So you get a answer which is yes and finish up the layout, put it up, and also post proper credit to the "owner". Now a day goes by with he new layout, everythings peaceful. Then out of nowhere someone clals you a stealer and you come to find out that the artwork you had used for your top image is actually stolen, thus making you look even more like a stealer. So what do you do?[/quote] you take the image down or don't use it in the first place. you should be careful you could get sued one day [quote]I remember when a DeviantART member found that his photography was used as cover-art in (I think) two different books without his permission. They apparently refused to acknowledge him and his contacts.[/quote] That's why I plan to accumulate all my art work and copyright each piece and possibly make it into a book so it is known that it belongs to me and is creditted to my name. Makes it much easier if a law suit ever occurs.
On Tue 26th Jun 2007 @ 02:48, Biscuitrat said:
Aww, all the stupid sites are taken down just before I get a chance to look at them and laugh. Jem, you have quite some pull
On Tue 26th Jun 2007 @ 05:29, Cristina said:
I don't believe that kid found anything from Flickr for a second. He got caught stealing, made up a BS alibi, and now has to continue lying to prove himself otherwise. Plus he's taken everything down out of shame. What a poop. He deserves crusty poop pants. Hmph.
On Tue 26th Jun 2007 @ 11:56, Six said:
Not only is this guy a dumbass - he's a thief, he's a really bad liar, and he has some serious issues concerning grammar, spelling, capitalization, and punctuation. Let's all bow our heads and pray that this guy never produces any offspring. *makes the sign of the cross*
On Tue 26th Jun 2007 @ 16:30, Skye said:
Awww, too bad I wasn't permitted a peek before he took down the site. *sulks* I'm always too late!!
On Wed 27th Jun 2007 @ 13:43, Xuan said:
^ Agreed, Skye. Bah bloody humbug, I doth want to heftily tease the guy. Idiot. I'll admittedly be surprised if he can be bothered to change and credit from now on. *eyes*
On Sun 8th Jul 2007 @ 13:39, Adila said:
Not to sound harsh or anything but I think its not right to say mean things about people! This is just a little piece of advice. Don't take it too seriously though. Just imagine if other people wrote mean things about you and your site and post it in public. It wouldn't sound right, right? Just think about it.....