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GoPro Angry at DigitalRev Review

Posted on: March 21st, 2013 by James Hedley No Comments

 

Manufacturer of action cameras, GoPro were up in arms yesterday over a review of their equipment on well known photography site DigitalRev. However, it wasn't the outcome of the review that prompted them to bring in the lawyers and send a DMCA takedown demand, but the site's use of registered trademarks. GoPro's lawyers demanded that DigitalRev removed the trademarks 'GoPro' and 'Hero' from their site. In other words, the review had to go because it used the name of the product...

The DMCA takedown demand refers to the Digital Millenium Copyright Act, which covers copyright infringements, as oppose to trademark infringements which this case (in GoPro's own words) was clearly about. However DigitalRev felt they had to comply with the demand as the demand went through DigitalRev's hosting company, Softlayer.

The DMCA Takedown Demand Sent by GoPro to DigitalRev

"This article has been taken down in response to GoPro's DMCA takedown notice received via our hosting company SoftLayer. GoPro has filed a DMCA attack to take down this article for mentioning their trademark "GoPro" and "Hero". We believe the mentioning of these trademarks are "fair use", and this attack is unsubstantiated. However we have no choice but to take this page down to prevent SoftLayer from disabling access to the entire website. Here's GoPro's notice:

Softlayer.com:

We are providing you this letter of notification pursuant to the Digital Millennium Copyright Act 17 USC??512(c) to make Softlayer.com aware of material on its network or system that infringes the exclusive copyrights of Woodman Labs, Inc d/b/a GoPro ("Company"). We hereby affirm that the undersigned is authorized to act on behalf of Company whose exclusive intellectual property rights we believe to be infringed as described herein.

We have a good faith belief that the Internet site found at digitalrev.com infringes the rights of the Company by using the following trademarks of the Company:

"GOPRO" Registered: 3/3/2009 US Registration# 3032989

"HERO" Registered: 12/20/2005 US Registration# 3308141

The Company represents that it has not authorized your customer to use the Infringing Material. Based upon information at its disposal on digitalrev.com, we believe that the statements in this notice are accurate and correctly describe the infringing nature and status of the Infringing Material.

Accordingly, we hereby demand that Softlayer.com immediately remove or disable access to the Infringing Material at:

http://www.digitalrev.com/article/gopro-hero-3-vs-sony/Njk3MDQ3MDg_A

...

As you may know, if this information is not removed after notice that complies with the DMCA, the Internet Service Provider may also be held liable for the copyright infringement.

I have a good faith belief that use of the trademark(s) described above in connection with the domain and URLs described above is not authorized by the trademark owner, and such use is not otherwise permissible under applicable law.

I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.

Sincerely,

Woodman Labs, Inc d/b/a GoPro

Patrick Hayes

Brand Manager

+1 (415) 738-2480 x7282

+1 (415) 814-5373 fax"

Once a demand like this has been made, liability can transfer to the site's hosting providers to comply with the demands as they are deemed responsible for the content of their customer's websites.

The legalities of these situations can be confusing, but trademark law can't be applicable when reviewing or discussing online. As it happens, the review itself was very positive, and DigitalRev happily sell GoPro products, so who wins once the lawyers are involved? Given the backlash against GoPro that ensued on social media sites such as twitter and Reddit in the few hours following the demands, GoPro have achieved little more than angering consumers. Surely allowing manufacturers to dictate the content of websites like this would set a disturbing precedent?

Shooting Stuff! The Gadget Awards 2011

Posted on: November 18th, 2011 by James Hedley No Comments

 

[frame][/frame]Last month saw the world's best selling gadget magazine - Stuff - host it's annual gadget awards ceremony for 2011 at the Globe Theatre in London, and I was lucky enough to be there as a guest of camera manufacturer Canon. This was partly to enjoy the evening (with entertainment provided by Angelos Epithemiou) but also to test drive their new compact camera, the Ixus 220 HS in the tricky low light environment around the ceremony dinner.

The camera itself is extremely compact and nice in the hand and not too slippy for such a sleek body, start-up time is quick and AF is nippy enough for this price bracket and it has all the features you'd expect:

12.1-megapixel sensor
HDMI output
Full-HD video capture
Stainless steel body
5x optical zoom
Equivalent focal length of 24-120mm
Image Stabilisation

What the Ixus 220 HS does have that makes it a bit more fun to use is a number of preset shooting modes that reflect modern trends for image making. There is a 'Toy Camera' setting which will produce saturated, vignetted images akin to a Lomo - a trend boosted by a number of smartphone apps that do similar things such as Instagram and Hipstamatic. It also features a  'Tilt-Shift' preset which will imitate a proper tilt-shift lens with pretty effective results, giving you the miniaturised look without the usual effort. The other presets are perhaps less impressive but they include a 'Fish-Eye' setting, 'Monochrome', 'Colour Accent', 'Colour Swap', 'Poster' and 'Super Vivid'. The colour swap feature is worth a mention thoug h despite being a little gimmicky, it is clever. The other presets are things you're more likely to want to do in your post-processing software if you have any rather than let the camera decide.

Elsewhere, there are a nice number of options available for those that like to take more control. You can alter a series of options using Program mode, including: drive mode, metering, colour, white balance, ISO and self timer, which again, is pretty impressive in a budget compact and sets it aside from some of its rivals.
As for the video, there are 2 tiny microphones on the front of the camera which allow it to record a decent stereo soundtrack over its HD video, but the microphones are easily covered by stray fingers so you'd need to be aware of that whilst filming.

 

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One the reasons for testing the Ixus 220 HS here, was to highlight Canon's HS system which combines the DIGIC 4 image processor with a new high-sensitivity sensor. This sensor incorporates back-illuminated architecture which lowers noise levels by up to 60% at all ISO speeds, allowing you to capture high quality photos even in low light. It may not have the low light performance of something like a Canon 5DmkII but it's handy in a compact to be able take shots in circumstances where the flash would either spoil the atmosphere or simply be unwelcome. Shots up to 1600 were perfectly usable without undue noise.

As for the rest of the evening, the food and entertainment were excellent, and though the atmosphere got steadily more tense as it came time to announce the winners it was all in good spirits. Most nominees had representatives there (apart from Apple) and with Angelos staying on stage to 'help' with the presentations after his routine, he made sure proceedings didn't get too serious. Altogether the night was a lot of fun, and thanks to Stuff magazine for making it all possible and thanks to Canon UK for the invitation.

To read more about the event and see more of the images taken on the night, check out the January 2012 issue of Stuff Magazine, and possibly pick up a couple of Christmas gift ideas while you're at it.

 

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Ophelia Fancy New Lingerie Range

Posted on: May 26th, 2011 by James Hedley No Comments

 

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Brighton girls Stevi & Emma founded Ophelia Fancy back in 2005 and have successfully decked out the most extraordinary client list with their bespoke and inspired revivalist collections. Undoubtedly 2011 will witness this cult lingerie brand push their creative boundaries to the limit, with a year rammed with as many limited edition uniforms, boudoir lingerie and accessories as possible. this was the launch of their newest range...

 

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