FLGenWeb Theft?

September 1, 2009 FLGenWeb, Inc.

Subject: Illegal image use, Illegal data copying, html theft.

Byline, Carol Domingo Sanchez

This email was transmitted late this evening:

From: Laverne Tornow

To: PMcSwain@tampabay.rr.com ; secretary@flgenweb.net ; vp.asc@flgenweb.net ; sc@flgenweb.net ; board@flgenweb.net

Cc: Denise Wells ; joelnewport@gmail.com ; garebel@roadrunner.com

Sent: Tuesday, September 01, 2009 1:16 AM

Subject: http://fl-genweb.org/decole/Pasco/PascoCounty.html

Ms McSwain,

Please remove the graphic entitled pascobnr.gif immediately (http://fl-genweb.org/decole/Pasco/images/pascobnr.gif). I am the creator of said graphic and you DO NOT HAVE MY PERMISSION to use it. This 3 frame animated gif was created by me on 11/14/2005 at 21:53:01 using paint shop pro. My permission for its use was neither asked for nor granted. Not only are you in violation of US Copyright laws, you are in violation of the FLGenWeb Policy concerning copyright.

http://www.flgenweb.net/aup.html

FLGenWeb Project, Inc and all its components comply with and adhere to current United States Copyright law. (http://www.copyright.gov)

Copyright for Original Material on any FLGenWeb Project Web site belongs to the author, artist or photographer, unless otherwise indicated.

as well as the USGenWeb's CC guidelines

http://usgenweb.org/volunteers/CCguidelines.shtml

The USGenWeb Project policy on HTML code, graphics, etc.

It is the policy of The USGenWeb Project to obtain permission from the creator of the code, graphics, and backgrounds before using them on our sites unless they have been placed in the public domain. If you find yourself having used someone's code without their permission, please either obtain that permission or remove that feature from your sites. This includes sites of links that others have put together.

Just because something can be found using the wayback machine at www.archive.org does not mean it is in the public domain. In all actuality the complete page setup and design you are using was created by me on the above stated date.

Laverne Tornow

Shortly after that transmission, this screen shot reprints the web site in question.

That web site was completely removed by 5 PM generating a 404 error.

Mrs. Laverne Tornow was formerly the Director of Operations of FLGenWeb, Inc. Ms.? McSwain is the current RAL of same. Days before the September 2009 voting was to begin, Mrs. Tornow was ejected. The web site in question appeared on the President's personal server space. Mr. Barnum asked the President several times to explain what the Terms of Service are for her server space. The President has refused to answer. That query is important to determent if the President of FLGenWeb, Inc. allows image and data theft on her server space.

Voting was scheduled to begin today but it did not. This violates the Bylaws of the 501 3C -- a Charity Corporation. This is only one example of misbehavior by the Board of directors.

The President admonished Mr. Barnum, as follows:

You were allowed to join the FLGenWeb Project, Inc. with the stipulation that you would behave yourself. You have just broken that agreement with this post. Consider yourself warned. It will not be tolerated. We do keep our language clean and polite. You must too if you wish to remain. Fran Smith President/SC FLGenWeb Project, Inc.

Mr. Barnum challenged the Present to publish that stipulation. He contends no such stipulation exists. He states he was invited to join FLGenWeb, Inc. by the former President who had a common interest in

African American Genealogy. The former President was subsequently forced to resign by the current power clique.

The following string reveals the sequence of events today.

Laverne Tornow

----- Original Message -----

From: PMcSwain

To: Laverne Tornow

Sent: Tuesday, September 01, 2009 6:39 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

Laverne- Yes I am the CC of Pasco but if that graphic is in there I do not see it- I did go into the FTP thingy and looked as well- I did not understand where It was you wanted me to look- I am not that computer savy on where stuff can be stored on these things- but I assure you It will not be used ever again- at least not by me- it is still on that way back thing in the year of 2003 not just the 2005 date you mentioned-I used that wayback addy thing you sent me to check- So you may have to keep your eyes peeled for its use by someone else down the line sometime- But it is gone from my computer as well as the server thingy-

Peggy

----- Original Message -----

From: Laverne Tornow

To: PMcSwain

Cc: complaints@1and1.com ; cfbandit@gmail.com ; Denise Wells ; Bill Morgan ; Bonnie Griffis Lewis ; Cyndie ; DC & Alice Allen ; flgen@rootsweb.com ; Linda Lewis ; Patrice Green ; Tina S. Vickery ; joelnewport@gmail.com ; garebel@roadrunner.com ; SEMACCrep@gmail.com ; syshephard@charter.net ; ldrbelties@earthlink.net ; sburow@swbell.net ; board@flgenweb.net

Sent: Tuesday, September 01, 2009 6:00 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

Peggy,

THE PAGE IS GONE, yes I agree. However the graphic is still there. It is NOT an icon, it is in the decole/Pasco/images folder on the server. Obviously YOU placed it there as YOU are the CC of record at this time. Please remove the graphic image named pascobnr.gif from the fl-genweb.org server AND from YOUR computer and anyone else that might have it must also remove it.. Your possession of it is a violation of my copyright. I am asking for the final time. My next e-mail will be to the h osting company to inform them of the violation of MY COPYRIGHT that exists on the fl-genweb.org hosting space and that repeated requests for its removal have been ignored.

It is a violation of 1and1.com's terms of use for you to violate someone's copyright using their resources. It is a violation of US Copyright Law, it is a violation of FLGenWeb AND USgenweb CC rules/guidelines

The URL of the graphic is: http://fl-genweb.org/decole/Pasco/images/pascobnr.gif

At this moment it is STILL there. Remove it!

Laverne Tornow

----- Original Message -----

From: PMcSwain

To: Laverne Tornow

Sent: Tuesday, September 01, 2009 5:35 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

I did remove it- went into the image files to make sure it is gone- I did that this morning when I got the first e-mail -the page is gone- but will make one more sweep for the little icon thing-

Peggy

----- Original Message -----

From: Laverne Tornow

To: PMcSwain

Cc: Denise Wells ; board@flgenweb.net

Sent: Tuesday, September 01, 2009 5:11 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

Peggy,

if it were GONE as you insist then when the url of the graphic would not have an error page.

I agree the PAGE was replaced but the graphice still resides at THIS URL: http://fl-genweb.org/decole/Pasco/images/pascobnr.gif

You do not have MY permission to have that graphic on any server, your computer or in your or FLGW's possession in any shape manner or form. Remove it immediately or suffer the consequences. Your choice entirely.

Laverne Tornow

----- Original Message -----

From: PMcSwain

To: Laverne Tornow

Sent: Tuesday, September 01, 2009 5:05 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

the object is gone- totally - not sure how many ways one can delete something- it has been gone since this morning- Entire thing-

----- Original Message -----

From: Laverne Tornow

To: PMcSwain

Cc: board@flgenweb.net

Sent: Tuesday, September 01, 2009 4:57 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

http://fl-genweb.org/decole/Pasco/images/pascobnr.gif

Try looking in the decole/pasco images folder. That is where it is the URL tells you that.

Remove immediately.

Laverne Tornow

----- Original Message -----

From: PMcSwain

To: Laverne Tornow

Sent: Tuesday, September 01, 2009 4:51 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

Not sure how it would still be on the server when the page has been deleted- not in my system at all

----- Original Message -----

From: Laverne Tornow

To: PMcSwain

Cc: board@flgenweb.net

Sent: Tuesday, September 01, 2009 4:45 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

The page has been removed yes, however the graphic is STILL on the server. Please remove it immediately. You have no permission to have it in your possession.

Laverne Tornow

----- Original Message -----

From: PMcSwain

To: Laverne Tornow

Sent: Tuesday, September 01, 2009 4:42 PM

Subject: Re: http://fl-genweb.org/decole/Pasco/PascoCounty.html

The page is gone-

----- Original Message -----

From: Laverne Tornow

To: board@flgenweb.net ; secretary@flgenweb.net ; PMcSwain@tampabay.rr.com

Cc: Denise Wells ; garebel@roadrunner.com ; joelnewport@gmail.com

Sent: Tuesday, September 01, 2009 4:35 PM

Subject: Fw: http://fl-genweb.org/decole/Pasco/PascoCounty.html

http://fl-genweb.org/decole/Pasco/images/pascobnr.gif

Please remove this graphic from your SERVER immediately. Removal of the page is NOT sufficient. At 4:35pm EDT while the PAGE had been removed the image still resides on the server.

Laverne Tornow

----- Original Message -----

From: Laverne Tornow

To: PMcSwain@tampabay.rr.com ; secretary@flgenweb.net ; vp.asc@flgenweb.net ; sc@flgenweb.net ; board@flgenweb.net

Cc: Denise Wells ; joelnewport@gmail.com ; garebel@roadrunner.com

Sent: Tuesday, September 01, 2009 4:16 AM

Subject: http://fl-genweb.org/decole/Pasco/PascoCounty.html

Ms McSwain,

Please remove the graphic entitled pascobnr.gif immediately (http://fl-genweb.org/decole/Pasco/images/pascobnr.gif). I am the creator of said graphic and you DO NOT HAVE MY PERMISSION to use it. This 3 frame animated gif was created by me on 11/14/2005 at 21:53:01 using paint shop pro. My permission for its use was neither asked for nor granted. Not only are you in violation of US Copyright laws, you are in violation of the FLGenWeb Policy concerning copyright.

http://www.flgenweb.net/aup.html

FLGenWeb Project, Inc and all its components comply with and adhere to current United States Copyright law. (http://www.copyright.gov)

Copyright for Original Material on any FLGenWeb Project Web site belongs to the author, artist or photographer, unless otherwise indicated.

as well as the USGenWeb's CC guidelines

http://usgenweb.org/volunteers/CCguidelines.shtml

The USGenWeb Project policy on HTML code, graphics, etc.

It is the policy of The USGenWeb Project to obtain permission from the creator of the code, graphics, and backgrounds before using them on our sites unless they have been placed in the public domain. If you find yourself having used someone's code without their permission, please either obtain that permission or remove that feature from your sites. This includes sites of links that others have put together.

Just because something can be found using the wayback machine at www.archive.org does not mean it is in the public domain. In all actuality the complete page setup and design you are using was created by me on the above stated date.

Laverne Tornow