AVOID Pepper Joe's AT ALL COSTS! - Page 13

ChrisK · November 30, 2012

This makes me laugh and I question how much she really knows about tomatoes:

"Ever grow Cherry Tomatoes? These smaller bush type plants..."

Her website is pretty amateurish, IMO. Bad clipart and animated gifs (what is this 1995?) The whole thing comes across like a late night infomercial.

surf4grrl · November 30, 2012

I apologize for the comment - it was not necessary.

I do think they should be able to post here, if only to try defend themselves. I would love to see how that goes. Otherwise, it would be wise to delete the thread, as it's only creating more bad feelings.

surf4grrl · November 30, 2012

They have stolen one of my photos that's now posted on their facebook page.

https://www.facebook.com/photo.php?p...d=204328085055

It's not "sleeping beauty" it's something else. I bet they'd like to know!

Edit: folks as mad as I am, they're not worth it. I learned my lesson and will water-mark everything.

Sun City Linda · November 30, 2012

Quote:

Originally Posted by surf4grrl

I apologize for the comment - it was not necessary.

I do think they should be able to post here, if only to try defend themselves. I would love to see how that goes. Otherwise, it would be wise to delete the thread, as it's only creating more bad feelings.

It certainly does not create bad feelings for me, only satisfaction when scum bags who would harrass and threaten Tania (of ALL people) continue to be exposed for who and what they are, all over the internet, day, and night FOREVER! God bless the web!

BarbJ · November 30, 2012

If someone wasn't upset about their pics being used without permission on their catalog, they may want to re-think that now that they've been put up on Facebook. Facebook's policy is that every photo uploaded onto their site is at that point Facebook's property. That puts a whole new spin on this.

ChrisK · November 30, 2012

Interesting post on their FB page.

"Our new line of Dwarf tomatoes that are coming soon are Guaranteed to germinate. Here's Penny with her Dwarf Tomato seedlings at 100% Germination. The minute these seedlings emerge you instantly notice they are different...thicker stems and a dark green potato like foliage."

ChrisK · November 30, 2012

About your picture she says:

"Joyce, YOU ARE ABSOLUTELY WRONG. What site was it posted at?? I have the exclusive rights to that picture. I have the documentation for that. So the website you are talking about must have stolen it from us. AGAIN, what website is it on??? My guess is you're a member of TomatoVille, the Tomato Nazi's???"

Quote:

Originally Posted by surf4grrl

They have stolen one of my photos that's now posted on their facebook page.

https://www.facebook.com/photo.php?p...d=204328085055

It's not "sleeping beauty" it's something else. I bet they'd like to know!

Edit: folks as mad as I am, they're not worth it. I learned my lesson and will water-mark everything.

surf4grrl · November 30, 2012

I took that picture 3 years ago and have proof - I use a phototrackig program my webmaster installed to find out where the photos are... So no, she's definitely lying. Let's see her proof, because I just sent my lawyer mine!

feldon30 · November 30, 2012

Folks your best bet is to file a DMCA Takedown Notice:

PennysTomatoes.com is hosted at LiquidWeb.com.

http://www.liquidweb.com/about/dmca.html

You'll want to make up a Word Doc with these contents:

Quote:

DMCA TAKEDOWN NOTICE

To:
Copyright Agent
LiquidWeb.com
4210 S. Creyts Road
Lansing, Michigan 48917

From:
(your name)
(your address)

Dear LiquidWeb,

My name is INSERT NAME and I am the INSERT TITLE of INSERT COMPANY NAME. A website that your company hosts (according to Whois information) is infringing on at least one copyright owned by my company.

Photos have been copied onto your servers without permission. The original photos, to which we own the exclusive copyrights, can be found at:

(exact website urls)

The unauthorized and infringing copy can be found at:

(exact website urls)

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

Thank you.

(YOUR NAME)
(Address)
(City, State Zip)
(Phone)
(E-mail)

(digital copy of your signature)

and e-mail it to DMCA@liquidweb.com.

Some extra info if LiquidWeb tries to claim they don't host these two websites:

PennysTomatoes.com has the following WHOIS info:

IP Address: 209.59.154.128 which is in the 209.59.128.0 - 209.59.191.255 range as owned by LiquidWeb.

Private, Registration PENNYSTOMATOES.COM@domainsbyproxy.com
Domains By Proxy, LLC
DomainsByProxy.com
14747 N Northsight Blvd Suite 111, PMB 309
Scottsdale, Arizona 85260
United States
(480) 624-2599 Fax -- (480) 624-2598

Domain servers in listed order:
NS.LIQUIDWEB.COM
NS1.LIQUIDWEB.COM

PepperJoe.com has the following WHOIS info:

IP Address: 64.91.242.151 which is in the 64.91.224.0 - 64.91.255.255 range as owned by LiquidWeb.

Administrative Contact :
Arditi, Joe
pepperjoe@comcast.net
7 Tyburn Court
Timonium, MD 21093
US
Phone: (410) 561-8158
Fax: (410) 628-0507

Technical Contact :
Kluver, Robert **
admin@MDONLINE.NET
3234 EASTERN AVE
BALTIMORE, MD 21224-4012
US
Phone: (410)327-5803
Fax: (410)327-5804

Record expires on 09-Dec-2013
Record created on 09-Dec-1998
Database last updated on 28-Jun-2006

Domain servers in listed order:

NS1.LIQUIDWEB.COM 64.91.251.155
NS.LIQUIDWEB.COM 209.59.139.20

tnpeppers · November 30, 2012

Quote:

Originally Posted by ChrisK

About your picture she says:

"Joyce, YOU ARE ABSOLUTELY WRONG. What site was it posted at?? I have the exclusive rights to that picture. I have the documentation for that. So the website you are talking about must have stolen it from us. AGAIN, what website is it on??? My guess is you're a member of TomatoVille, the Tomato Nazi's???"

Oooooo...the 'Nazi' card has been played. What is wrong with people nowadays?

ChrisK · November 30, 2012

Godwin's Law.

Quote:

Originally Posted by tnpeppers

Oooooo...the 'Nazi' card has been played. What is wrong with people nowadays?

tnpeppers · November 30, 2012

Bingo. You try to protect your property rights, and next thing you know; 'Nazi'.

Heritage · November 30, 2012

Quote:

Originally Posted by ChrisK

About your picture she says:

"Joyce, YOU ARE ABSOLUTELY WRONG. What site was it posted at?? I have the exclusive rights to that picture. I have the documentation for that. So the website you are talking about must have stolen it from us. AGAIN, what website is it on??? My guess is you're a member of TomatoVille, the Tomato Nazi's???"

I took that photo and have the RAW image (complete with EXIF data) to prove it. I gave Penny the exclusive rights to use that photo. It is "Sleeping Lady" and not "Sleeping Beauty".

Please people, this thread does nothing to embrace our shared love of growing tomatoes - it is neither constructive nor positive. Before we are hoisted by our own petards, let's kill this thread and move on...

Thanks,
Steve

Heritage · November 30, 2012

Quote:

Originally Posted by surf4grrl

I took that picture 3 years ago and have proof - I use a phototrackig program my webmaster installed to find out where the photos are... So no, she's definitely lying. Let's see her proof, because I just sent my lawyer mine!

Please recheck your photo.

Steve

ChrisK · November 30, 2012

Moving on. I don't have a dog in this fight.

Quote:

Originally Posted by Heritage

I took that photo and have the RAW image (complete with EXIF data) to prove it. I gave Penny the exclusive rights to use that photo. It is "Sleeping Lady" and not "Sleeping Beauty".

Please people, this thread does nothing to embrace our shared love of growing tomatoes - it is neither constructive nor positive. Before we are hoisted by our own petards, let's kill this thread and move on...

Thanks,
Steve

November 30, 2012	#183
surf4grrl Tomatovillian™ Join Date: Feb 2011 Location: field of dreams Posts: 97	They have stolen one of my photos that's now posted on their facebook page. https://www.facebook.com/photo.php?p...d=204328085055 It's not "sleeping beauty" it's something else. I bet they'd like to know! Edit: folks as mad as I am, they're not worth it. I learned my lesson and will water-mark everything. Last edited by surf4grrl; November 30, 2012 at 12:08 PM.

November 30, 2012	#181
ChrisK Tomatovillian™ Join Date: Mar 2011 Location: Raleigh, NC Posts: 1,448	This makes me laugh and I question how much she really knows about tomatoes: "Ever grow Cherry Tomatoes? These smaller bush type plants..." Her website is pretty amateurish, IMO. Bad clipart and animated gifs (what is this 1995?) The whole thing comes across like a late night infomercial.

November 30, 2012	#182
surf4grrl Tomatovillian™ Join Date: Feb 2011 Location: field of dreams Posts: 97	I apologize for the comment - it was not necessary. I do think they should be able to post here, if only to try defend themselves. I would love to see how that goes. Otherwise, it would be wise to delete the thread, as it's only creating more bad feelings.

November 30, 2012	#185
BarbJ Tomatovillian™ Join Date: Mar 2012 Location: California, USA Posts: 154	If someone wasn't upset about their pics being used without permission on their catalog, they may want to re-think that now that they've been put up on Facebook. Facebook's policy is that every photo uploaded onto their site is at that point Facebook's property. That puts a whole new spin on this.

November 30, 2012	#186
ChrisK Tomatovillian™ Join Date: Mar 2011 Location: Raleigh, NC Posts: 1,448	Interesting post on their FB page. "Our new line of Dwarf tomatoes that are coming soon are Guaranteed to germinate. Here's Penny with her Dwarf Tomato seedlings at 100% Germination. The minute these seedlings emerge you instantly notice they are different...thicker stems and a dark green potato like foliage."

November 30, 2012	#188
surf4grrl Tomatovillian™ Join Date: Feb 2011 Location: field of dreams Posts: 97	I took that picture 3 years ago and have proof - I use a phototrackig program my webmaster installed to find out where the photos are... So no, she's definitely lying. Let's see her proof, because I just sent my lawyer mine!

November 30, 2012	#192
tnpeppers Tomatovillian™ Join Date: Dec 2009 Location: Zone 6 Posts: 365	Bingo. You try to protect your property rights, and next thing you know; 'Nazi'.