Abgeschickt von Josef Gladitsch am 17 Maerz, 2010 um 19:15:27
Antwort auf: Androhungsschreiben Viktor Michitsch & Hermann Leustik von Gladitsch Josef am 14 Februar, 2010 um 18:26:22:
Gottscheer Landsmannschaft in Klagenfurt,
A-9021 Klagenfurt am Wörthersee – Postfach 64,
Dr. Michitsch Victor.
Arnulfweg 18, 9500 Villach, Austria
Registered, 14/5/2009
Joseph Gladitsch
Schleissheimer Strasse, 411 a
80935 München, Germany
Dear Mr. Gladitsch,
You are the owner of the domain
www.gottschee.de,
and therefore responsible for the contents of this Website.
In the Imprint of your Website you state, under Point 3, Copyright and Trademark law, the following:
“The author, in all publications, attempts to honor the copyrights of graphics, sound recordings, video sequences and texts, use self developed graphics, sound recordings, video sequences and texts, and use license-free graphics, sound recordings, video sequences and texts to reference. /…/
/…/ The Copyright for published, by the owner developed objects remains solely with the author of the website. A reproduction or use of such graphics, sound recordings, video sequences and texts is, without the expressed agreement of the author, not permitted.”
That this is valid also for imported foreign documents does not require special clarification.
1. You published on the homepage of www.gottschee.de under chapter “Culture” and under its subdirectory "Recipes", the Gottscheer cookbook of Prof. Horst Krauland, Erwin Michitsch, 1993, and thereby placed all texts of this book on the web.
Evidence to this are:
http://www.gottschee.de/Frames/Mainframe/Deutsch/Kochrezepte.htm
http://www.gottschee.de/Dateien/Kochrezepte/Web German/Recipes/Soups/Suppen.htm.
The Gottscheer Landsmannschaft Klagenfurt, as the owner of this publication, has never given you permission to place this cookbook on the Web. The Gottscheer Landsmannschaft Klagenfurt demands that you promptly erase these pages from your website and claims the right to request compensation resulting from damages due to their publication.
2. You published on the homepage of www.gottschee.de the Listing of 14,353 re-settlers.
Evidence to this is:
http://www.gottschee.de/Dateien/Dokumente/Web20%German/Umsiedlungsverzeichnis/start.php
The re-settlement directory of the year 1942 may be used by everyone. The directory was scanned by members of the Gottscheer Landsmannschaft Klagenfurt in 2003, in 2006 and 2007 developed into a usable format and made placed on the Website www.gottschee.at in July 2007 for public access.
In March 2008, you have placed the contents of this re-settlement directory on the web. For this you had every right, however, not in the manner in which you acquired the data.
You have, as we can easily prove, simply copied the relevant pages listed under http://wwwu.uni-klu.ac.at/hleustik/dbcontrol.php and stored them in html-Dokumenten of your server. From there they can be recalled (Dokumente/Web20%German/Umsiedlungsverzeichnis) according to Name, place of birth, etc.
We have devoted over 150 hours to this document and do not agree that you enter its data, to which we devoted so much effort, on your website free of charge. This, without question, also represents a violation of Copyrights and we therefore demand that you also erase these documents from your website. Here as well we claim the right to request compensation for damages due to their publication.
3. You published on the homepage of www.gottschee.de, photos of Gottschee from the book Otterstädt Herbert; Gottschee, verlorene Heimat deutscher Waldbauern. (Pannonia, Freilassing, 1962).
Since the Gottscheer Landsmannschaft owns the digital publication rights of the Otterstädt book (1962) and since you have not requested such rights from us, you have in this case also violated Copyrights. In this case also we request erasure of the respective photos, for example Windischdorfer Wassermühle, Foto: H. Otterstädt, and others.
We request that the erasure be done within the next 7 days since otherwise we will put into effect our compensatory claims for damages.
We further demand that you replace the links to the documents to be erased with links to a text, developed by you as a PDF-Dokument of 20 pt Font which, when called up, can be displayed. This linkage to the following reference shall exist for 3 months:
The re-settlement directory of the year 1942, the Gottscheer cookbook of Krauland and Michitsch 1993, and the photos of Gottschee from the book Otterstädt 1962, have been by me, as the owner of website www.gottschee.de, erased since I have made public these documents without permission from the owner and thereby violated the Copyright laws. I regret my action and apologize to the Gottscheer Landsmannschaft in Klagenfurt.
We hope that the issues can be settled in this manner and if not, we will resort to rightful steps.
With friendly greetings,
Mag. Ing. Hermann Leustik
Internetbeauftragter
Dr. Viktor Michitsch
Vorsitzender der Gottscheer Landsmannschaft in Klagenfurt
Mag engineer Hermann Leustik
Web Officer
Subject:
Text:
Optionale URL:
Link Titel:
Optionale Bild-URL: