Last month I wrote a detailed post on Image Thieves – Copyright Violations and in that post stated:

Sites that really make me angry? Free W a l l p a p e r sites that steal images from all over the internet and offer them for free download and many of those sites are earning income through advertisements on the pages.

At that time I knew that Palmlix.com had downloaded and used at least nine (9) of my images without my authorization, I had sent in a DMCA (Digital Millennium Copyright Act) take down notification to the hosting providers and emailed the site owner whose email address I got through a WHOIS on Palmlix.com. At my request the owner did remove all of the images so I didn’t mention Palmlix.com in my previous post on Image Thieves. But I am now because I spotted twelve (12) of my images on Palmlix.com yesterday evening.

Any and all photographers who have images posted on your own web galleries or blogs should do a search on Palmlix.com. Mine were easy to locate because the owner uses “mia-mcpherson39s” for all of my stolen images but a search can be done just using mia-mcpherson as well.

Also since November 17, 2012 the owner of Palmlix.com has added advertisements for which he gets paid on his site and thus is making a financial gain from the use of every “w a l l p a p e r” image on his site which may include your images as well as the ones stolen from me.

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You can see my search results on Palmlix.com for “mia-mcpherson” within the sites search engine.

Did I give the website owner permission or authorization to use and redistribute my images?

I certainly did not.

Is the owner of Palmlix.com violating the DMCA and infringing on my copyright?

He certainly is.

I know that the disclaimer the owner has in place at the bottom of each page is difficult to read because the font is so tiny, I don’t wonder why it is so freaking small, but I want to discuss what the owner says in that disclaimer.

All w a l l p a p e r s and backgrounds found here are believed to be in the “public domain”. All of the images displayed are of unknown origin. We do not intend to infringe any legitimate intellectual right, artistic rights or copyright. If you are the rightful owner of any of the pictures/w a l l p a p e r s posted here, and you do not want it to be displayed or if you require a suitable credit, then please contact us and we will immediately do whatever is needed either for the image to be removed or provide credit where it is due. All the content of this site are free of charge and therefore we do not gain any financial benefit from the display or downloads of any images/w a l l p a p e r.

Let’s discuss these sentences:

All w a l l p a p e r and backgrounds found here are believed to be in the “public domain”. All of the images displayed are of unknown origin.

That is a load of crap.  The owner of Palmlix.com DOES know where he got my images, he stole them from my blog. So “unknown origin” is a not factual. Period. Each of my stolen images has my copyright on them so they are certainly not “public” domain. Further more I explained that to Muhammad Farhan in an email conversation concerning the first group of images he used without my authorization:

Farhan,

It doesn’t matter if my images show on Google because they are a search engine, your site is not. All of my images are copyrighted and it is illegal to use, download, store on your site, use and redistribute my images without my permission. It is illegal to do that to any copyrighted image.


hi there.
     
i’m the owner of website palmlix.com  
i’m sorry to not providing the contact link to me in my site. cause of the site is still on development.
regarding that post, containing your copyright photograph, i will immediately remove it to my post.     
for  your information, i get all that photograph from google images, so once again, i’m sorry for this inconvenient.
   
regards     
farhan     
palmlix.com

There is NO excuse for my images to be stolen by the owner of Palmlix.com after that email conversation.

Let’s discuss this statement:

We do not intend to infringe any legitimate intellectual right, artistic rights or copyright. If you are the rightful owner of any of the pictures/w a l l p a p e r s posted here, and you do not want it to be displayed or if you require a suitable credit, then please contact us and we will immediately do whatever is needed either for the image to be removed or provide credit where it is due.

Do not intend to infringe any legitimate intellectual right, artistic rights or copyright? Horse manure, the owner of Palmlix.com DID know he was infringing on my copyright when he stole this current group of my images.

By the way, there is a “Contact” link at the top of Palmlix.com but it DOES not work. This was the owner’s excuse last month when I filed a complaint:

i’m sorry to not providing the contact link to me in my site. cause of the site is still on development.
It is nearly one month later and he still hasn’t had time to add a simple contact email address ? That is unacceptable. Period.
And this really ticks me off:
All the content of this site are free of charge and therefore we do not gain any financial benefit from the display or downloads of any images/w a l l p a p e r.
Free of charge?  Do not gain any financial benefit from the display or download of any images/wallpaper?

 

Well there are advertisements on the website so it IS creating financial benefit for the owner of Palmlix.com and they benefit from the display of each and EVERY image on their free w a l l p a p e r website, mine included.

 

If there were no images, stolen or otherwise on the site it would be blank except for the advertisements and who would visit such a site? NO one. A free w a l l p a p e r site without images is just an empty page.

This is my Coyote image on Palmlix.com, note my copyright in the upper left hand corner, note the term “mia mcpherson39s”, note the date it was added “2012-12-07″ and also note that this screen capture says it has been viewed by 50 users and downloaded this HD wallpaper.

See the red arrows? They point to advertisements that the owner of Palmlix.com has embedded on his site and he gains “financial benefit” from the display of my image which has been used without my authorization.

Palmlix.com has NO authority to use my images, they have violated copyright laws plus the owner of this site did this after my first complaint about the illegal use of my images on Palmlix.com.

There is NO excuse for this.

Every page on my site has this copyright disclaimer on the bottom:

© 2012 – 2012 Mia McPherson  – All Rights Reserved, all images are protected by International Copyright Law, do not use, print, reproduce or download my images without my permission.

That statement is very clear.

google-search-palmlix-mia-mcpherson39s[1]

 Every one of the images with a red check mark on it is my copyrighted image found during a Google web search for “mia-mcpherson39s palmlix”. Some of the images shown are images the owner of Palmlix.com took down on November 17th are still indexed by Google but are no longer displayed on Palmlix.com. The fact remains however that the owner of Palmlix.com, Muhammad Farhan, has some of my images on his site without my authorization and he could have yours too.

He is a repeat offender.

What have I done so far about this image theft?

I have taken the time to get the urls to my stolen images on Palmlix.com and the urls to where those stolen images are located on my site. I have compiled, completed and sent the DMCA Takedown Notification to GoDaddy.com, (domain registrant), hosting providers ip-pool.com and plusserver.de and the pass through site, CloudFlare.com. I have given them documentation that the owner of Palmlix.com is a repeat offender by providing the emails the owner and I exchanged with my previous complaint and the DMCA Takedown Notification that I sent last month to the hosting providers.

I hope that the domain registrant terminates the use of the domain name and I also hope that the hosting providers remove my images and terminate the owner’s account through them.

There are legitimate “w a l l p a p e r” sites that provide their own original content or have authorization from the copyright owner to use images to display on their sites.

Palmlix.com has stolen and used my images without my permission or authorization, have they stolen yours? If so, please use my contact page and let me know, I will help you file a DMCA takedown notification.

It is my opinion that “Free w a l l p a p e r” sites like this one need to be shutdown permanently for copyright violations and we have to file those complaints against the copyright violators to do that..

Feel free to pass this post on to other photographers so they can check Palmlix.com to see if their images have been used without their permission too.

 

Mia