Old 05-17-2011, 04:05 PM   #51
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No one jumped to any conclusions. The FACT that it was the same shot was obvious by simple observation. No dissecting was necessary.

I'm going to rephrase something I said earlier in this thread. Anyone who can't tell that this is Burghman's photo is BLIND.

There, I said it. I wanted to say it earlier, but I censored myself.
The whole conversation about whether it is his photograph is pointless at this time since he got an apology from the company for doing it.
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Old 05-17-2011, 04:34 PM   #52
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I just have to jump in and say the Holloran Grade/El Roco has just provided the dumbest statements to ever grace this forum, trumping Mike B., NoctFoamer (aka Kent in SD), and other who have come and gone and blessed us with their tardation...
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Old 05-17-2011, 04:42 PM   #53
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I just have to jump in and say the Holloran Grade/El Roco has just provided the dumbest statements to ever grace this forum, trumping Mike B., NoctFoamer (aka Kent in SD), and other who have come and gone and blessed us with their tardation...
I feel cheated for not making your list.
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Old 05-17-2011, 04:52 PM   #54
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I feel cheated for not making your list.
You still have a long way to go to reach that upper echelon of stupidity...

El Roco rocket-shipped there in this thread alone. I mean, really? Arguing that it was a different photo plus talking about how the engine wasn't even the same when it was so obvious that it was a model?!?!? Massive, massive dumb. Even dumber than Photoshopping snow into a shot...
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Old 05-17-2011, 05:31 PM   #55
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Where is the "Like" button?
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Old 05-17-2011, 08:31 PM   #56
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Old 05-17-2011, 09:54 PM   #57
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Lightbulb Go back and read..............

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You still have a long way to go to reach that upper echelon of stupidity...
I thank you for the recognition.

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...[omitted]... plus talking about how the engine wasn't even the same when it was so obvious that it was a model?!?!?
I never said it wasn't a model - not really sure how you came to that conclusion.

Perhaps you should review the discussion more carefully.


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El Roco rocket-shipped there in this thread alone. I mean, really?...[big part left out].....Arguing that is was a different photo
I was not initially convinced it was the same photo and BTW, only the right half of the ad was "derived" from the DB photo.

It is not the same as the DB photo, and that "little fact" is really important when it comes to enforcing a copyright on a work that so far is not actually copyrighted.

Why is it important?

Because the rendition may be just different enough to defeat the creator's enforcement of the copyright should he go and register it properly and attempt to recover damages.

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Massive, massive dumb. Even dumber than Photoshopping snow into a shot...
Wow, the depth of your thought processes are really evident by the use of such language.

But let me digress, suffice it say that thing about people in glass houses shouldn't throw stones thing comes to mind right about now.

Thank you for your kind words.

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Old 05-17-2011, 10:51 PM   #58
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....that so far is not actually copyrighted.

...should he go and register it properly and attempt to recover damages.


You're really off base with copyright. Lets get one thing straight, it does not need to be registered. The moment he clicked the shutter button he owned the copyright to that image. Copyright registration merely provides advantages.

"Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work."

"No publication or registration or other action in the Copyright Office is required to secure copyright"
- United States Copyright Office

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El Roco rocket-shipped there in this thread alone. I mean, really? Arguing that is was a different photo plus talking about how the engine wasn't even the same when it was so obvious that it was a model?!?!? Massive, massive dumb. Even dumber than Photoshopping snow into a shot...
El Roco is entitled to his opinion. I think he understands that he was wrong and I don't think we need to rub his nose in it.
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Old 05-17-2011, 10:56 PM   #59
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You're really off base with copyright. Lets get one thing straight, it does not need to be registered. The moment he clicked the shutter button he owned the copyright to that image. Copyright registration merely provides advantages.

"Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work."

"No publication or registration or other action in the Copyright Office is required to secure copyright"
- United States Copyright Office
Your right about that.

But if you want to claim the statutory fines and penalties that were mentioned, then there needs to be a registered copyright.

Also, there is still the issue about whether it is now a different image and I don't know the answer to that until you put it to a jury - and neither does anyone else on this site.


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El Roco is entitled to his opinion. I think he understands that he was wrong and I don't think we need to rub his nose in it.
Gee, I said I was wrong about whether it was the same photo.

Again, some people don't read.

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Old 05-17-2011, 11:42 PM   #60
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More dumb. You're securing your spot at the top so no one will ever unseat you!
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Old 05-17-2011, 11:45 PM   #61
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More dumb. You're securing your spot at the top so no one will ever unseat you!

Massive, massive...

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Old 05-17-2011, 11:50 PM   #62
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That is not in your photo and the engines are completely different.
Perhaps you need to re-read. I never said/implied you said it wasn't a model, but you clearly pointed out the power was different between the photo in question and the advertisement.

Oops.
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Old 05-17-2011, 11:51 PM   #63
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I dislike the pixleated like.
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Old 05-18-2011, 12:54 AM   #64
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but you clearly pointed out the power was different between the photo in question and the advertisement.
They are, aren't they?

One is in the DB photo and the other is a merged image of a model.

Was that ever at issue?

Course if you are going to split hairs, there is the high hood, low hood issue that Troy pointed out amongst a number of others.

So what is the big deal?
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Old 05-18-2011, 01:10 AM   #65
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It is not the same as the DB photo, and that "little fact" is really important when it comes to enforcing a copyright on a work that so far is not actually copyrighted.

Why is it important?

Because the rendition may be just different enough to defeat the creator's enforcement of the copyright should he go and register it properly and attempt to recover damages.
Vanilla Ice, is that you?!!

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Old 05-18-2011, 01:29 AM   #66
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Vanilla Ice, is that you?!!

I wonder how much longer it is going to last?

You would think that people might get wise eventually, but noooooooo.
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Old 05-18-2011, 01:48 AM   #67
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To be honest, I was not initially convinced it was the same photo either. I guess that makes me dumb, too. I was coming around to it being the same when Burghman told us his e-mail was returned with an apology. Case closed.
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Old 05-18-2011, 02:50 AM   #68
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Even dumber than Photoshopping snow into a shot...
Wow I was actually going to buy your book (Since you like good power, unlike RP where they LOVE BNSF H3 shitters, and CSX YN3 GEVOs)...........I guess I better not.
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Old 05-18-2011, 03:06 AM   #69
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Wow I was actually going to buy your book (Since you like good power, unlike RP where they LOVE BNSF H3 shitters, and CSX YN3 GEVOs)...........I guess I better not.
Personally I'd rather shoot a YN3 GEVO since most of them are still fairly clean...
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Old 05-18-2011, 03:13 AM   #70
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Wow I was actually going to buy your book (Since you like good power, unlike RP where they LOVE BNSF H3 shitters, and CSX YN3 GEVOs)...........I guess I better not.
Oh damn...I guess I better cancel my vacation plans; I was banking on the commission from your purchase to fund my trip. Fail.

As for Joe, you're not dumb since you didn't go waaaaaay overboard in saying it wasn't the same photo (and then still defend your position even now).
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Old 05-18-2011, 03:38 AM   #71
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Wow I was actually going to buy your book (Since you like good power, unlike RP where they LOVE BNSF H3 shitters, and CSX YN3 GEVOs)...........I guess I better not.
Your attitude is really not helping you get your slots back....
I like good power too but part of power shooting is good light, if your focus is the train it needs to be well lit. Just because you got something good in the clouds doesnt mean it should get on because its not a GEVO.
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Old 05-18-2011, 04:04 AM   #72
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Wow I was actually going to buy your book (Since you like good power, unlike RP where they LOVE BNSF H3 shitters, and CSX YN3 GEVOs)...........I guess I better not.
Daniel, please explain what good power is.
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Old 05-18-2011, 04:15 AM   #73
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Daniel, please explain what good power is.
That would be anything that is a:

ES44AC
ES44DC
ES44C4
AC4400CW
C44-9W
C40-9W
C40-8W
P42DC
or
P40DC
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Old 05-18-2011, 04:16 AM   #74
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Oh damn...I guess I better cancel my vacation plans; I was banking on the commission from your purchase to fund my trip. Fail.

As for Joe, you're not dumb since you didn't go waaaaaay overboard in saying it wasn't the same photo (and then still defend your position even now).
No, I was just playing around. haha
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Old 05-18-2011, 04:21 AM   #75
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That would be anything that is a:

ES44AC
ES44DC
ES44C4
AC4400CW
C44-9W
C40-9W
C40-8W
P42DC
or
P40DC
Personally, I prefer the kind of power that keeps the light and heat on in my home.
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