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ChasingBlueSky

What can we do about Skyride?

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On the copyright discussion...If I as a photog post my 'work' on my website with a notice that says the photos are copyright me and not to be used for commercial purposes without written consent, where does that leave me?
Do I actually need to fill out the copyright paperwork and submit the fee for each item? I thought the copyright 'C' was sufficient.
-----
~~~Michael

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Under federal law, assuming you took the photo on your own time, used your own resources and did not snap the photo within the scope of an employment arrangement then you would probably own the work automatically upon depressing the camera trigger. You would be the author and sole rightsholder in the photo. Merely posting the photo on a website or elsewhere typically wouldn't constitute license for others to make use of your work, though the fair use provision of the Copyright Act might apply and relieve an unauthorized infringer from liability. (depends on the use) Notice gives you certain unofficial presumptions in certain U.S. courts and formal legal rights in some other countries. What the paperwork, plus ~$30, gives you is constructive notice to infringers and access to the federal courts. Otherwise, subject to rare exceptions, you can't allege copyright claims in a federal complaint, and for most purposes federal copyright is the only game in town.

Consult with your attorney.

D. James Nahikian
CHICAGO

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WHAT IS THIS ALL ABOUT??

can someone tell me in maximum 5 lines what is wrong with skyride?



1. Skyride and its principles have used copyrighted artwork without proper compensation to the artists. Skyride continues to ignore cease and decist letters from said artists.
2. Skyride practices bait/switch sales in their call center (read: A tandem gift cert is $x. OK, now that I've got your credit card, there is a B fee, C fee, D fee, etc. bringing your total gift certificate to $z.)
3. Skyride will deceive their customers by advising there is no dropzone within X amount of miles and you need to drive to X DZ to use our gift certificate. Customer can drive by several, closer, DZs on their way to a DZ that accepts Skyride gift certs.
4. Skyride has a multitude of 'fake' dropzones that are 'in your neighborhood' when in fact they do not even exist in the state.
5. Skyride also has stolen copyrighted website designs. (see: original - 339jump.com, copy - skydivingal.com or SkydiveMS.com)

(depending on your browser, these may spill over 5 lines but the points are there)



Thanks, the issue becomes clear to me.

++++++++++++++++++++++++++++++++++++++++++++
Using your droque to gain stability is a bad habit,
Especially when you are jumping a sport rig

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USPA is considering launching an
internet ad campaign of its own that would compete with 1-800-Sky-ride and funnel customers to its group members.



There are always “issues”. If USPA puts up paid advertisements, who pays for them? USPA is an organization for the individual member, not the Group Member (as has been covered). The problem is with getting the Group Members to fund any advertising that benefits them. I’m in Kansas; I don’t want to fund advertising that will benefit Florida, Arizona, and California DZs. And I’m fairly sure that the individual members aren’t very interested in funding much advertising at all.
Now what the individual drop zones can do is step up to the plate and do the same for thing themselves. For most of us its winter and not the busy season, might be a good use of time to do some research and kick up your own advertising a notch or two. I personally over the last month or so have done some fixes to my web site so it will be more search engine friendly (fixes suggested by Jan Meyer). And have put up paid advertisements on Google and Overture (yahoo, msn, AltaVista, jeeves, and others). None of these things were expensive, and if you’re not up to doing it yourself there are plenty of people who will help you out for a fee (Jan Meyer, and WFFC to name a couple, ask them).
The “middleman” issue has spurred me to do some things that I should have done anyway. I put up some really broad search terms on my paid ads, and may even put some people in the market that weren’t even looking for skydiving in the first place. I only pay if they click on the ad (form $.05 to $.30 per click) and can change at any time.

Don’t get me wrong, I don’t like having to compete with the dishonest business practices of anyone. I wouldn’t like it any more if it was my neighboring drop zone running the “boiler room” than I do having it ran out of Georgia.
Experience is what you get when you thought you were going to get something else.

AC DZ

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Oh, that sounds MUCH better. Instead of fighting, they're (USPA) gonna try to compete? Don't get me wrong, that's good news for group member DZs. But it's not the kind of action I was hoping for.



USPA deciding which group member DZ gets how many tandems? Whoa, if we thought there were politics now, can't wait for this. Can anyone imagine anything BUT issues coming up at board meeting and in elections as to DZ rights to tandems based on this or that.
"I encourage all awesome dangerous behavior." - Jeffro Fincher

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Haven't gotten my Skydiving Mag yet...let me type the other up...
why don't you get parachutist anyway? SDC is a USPA DZ last I checked.



Dunno about ChasingBS, but my Parachutist won't arrive for at least another week, if past is prologue.
...

The only sure way to survive a canopy collision is not to have one.

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Addendum: the 'C' parenthetical, (C), does not constitute notice of copyright. Only a true 'circle C' can perform this function.

D. James Nahikian
CHICAGO



It's been 20 years since I last officially copyrighted anything. At that time the word "Copyright" was an acceptable alternative to the circle-C. "All rights reserved" was also strongly recommended.

Copyright John Kallend, 2004, all rights reserved.
...

The only sure way to survive a canopy collision is not to have one.

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At that time the word "Copyright" was an acceptable alternative to the circle-C. "All rights reserved" was also strongly recommended.



That's true today. In fact, it's custom to display both the symbol and the word together. Copyright doctrine doesn't acknowledge the ubiquitous '(C)' yet, it's too recent ;)

D. James Nahikian
CHICAGO

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USPA is considering launching an
internet ad campaign of its own that would compete with 1-800-Sky-ride and
funnel customers to its group members.



Oh, that sounds MUCH better. Instead of fighting, they're gonna try to compete? Don't get me wrong, that's good news for group member DZs. But it's not the kind of action I was hoping for.

Dave


This seems like a horrible idea. Am I now paying for the USPA to launch an ad campaign against one of its own group members? Will the USPA put up websites that say skyride is bad, but at the bottom of skyride websites is the USPA GM logo?

Allow me a moment to bash my head into something firm............

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If they take action to strip the group membership, and skyride leaves the logo up, would that not be fraud, and actionable in court?


Could be, but my understanding from this thread is that their group membership is not going to be pulled because certain board members are against it. Also, ASC is seperate from Skyride. Seems to me that its all casting stones into the ocean unless someone gathers the resources to take it to court.

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Unannotated Georgia Code - 10.1.372

(a) A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he:
(1) Passes off goods or services as those of another;
(2) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with or certification by another;
(4) Uses deceptive representations or designations of geographic origin in connection with goods or services;
(5) Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(6) Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;
(7) Represents that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another;
(8) Disparages the goods, services, or business of another by false or misleading representation of fact;
(9) Advertises goods or services with intent not to sell them as advertised;
(10) Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(11) Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or
(12) Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.
(b) In order to prevail in an action under this part, a complainant need not prove competition between the parties or actual confusion or misunderstanding.
(c) This Code section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.

Seems easy enough to prove violations of 372-A(1), 372-A(4), 372-A(8), 372-A(12). Any DZO out there who feels that they have been damaged by these practices should have cause to file suit in Georgia under this statue and should have a pretty easy time getting an Injunction to stop these practices and possibly damages.

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Consider you have an injunction in your pocket that is founded solely on the Georgia statute. Skyride reorganizes as a Caymans holding shell which owns another business entity that is headquartered in some other Carribean nation. This entity relocates its server and service operations to, say, Madras India. Bear in mind these steps are shockingly easy and relatively cheap to accomplish. Question: your Georgia injunction and damages award are worth what in terms of their utility?

D. James Nahikian
CHICAGO

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ASC is seperate from Skyride



ASC is connected to SkyRide. refer to post# 374.

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Here is a copy of a letter I had to write for a student who fell victim to their tactics.

To Whom It May Concern:

This letter is being written and placed on the behalf of **** Sparks. Mr. Sparks contacted Sandor Vali of Georgia Skydiving Center, Inc. located in Rome Georgia in the effort of booking 2 tandem skydives with video. Mr. Sparks was booked for his jumps to take place on 10/30/04. After reporting for the jumps that morning he and his girlfriend were trained. It was then found out that they had called to confirm their appointment just prior the date of the jump, and were mislead to believe that he had again contacted Georgia Skydiving Center. The phone contact person for ASC pressed Mr. Sparks for a credit card number and he in good faith submitted it. A charge was placed for the full cost of both skydives. I, Sandor Vali after being told of this called ASC. They did in fact have Mr. Sparks on their records as having a transaction and said that “he would have to contact billing to cancel the payment”. In my conversation with the operator at ASC she admitted to being vague or misleading when enquires ask “is this the skydiving center in Rome”. A call was received by me from Mr. Sparks requesting this letter because the matter is still unresolved. I placed a call to the billing manager Kelly who was the contact point for Mr. Sparks hoping I could speed this up for him. In a recorded conversation with Kelly (who refused to give her last name) I informed her of what had happened. She said Mr. Sparks will still need to send her a letter from me. It is known know that the billing office I had to contact is 1-800-skyride. Thought ASC, CASC and 1-800-skyride are different companies it seams that the transactions create a direct link between them in financial operations and accounting. ASC and CASC have on recorded enquiries clamed to be the operators for their competing centers in the state. This confusion on the part of the buyer is intended and perpetuated to the point of them paying in good faith for a service they believe is at the center they though they were contacting. With a proliferation of the internet and fraudulent booking personnel ASC, CASC and now 1-800-skyride is suspect in as many as 24 such accounts. A class action on the behalf of the patrons who were mislead into fraudulent bookings, Georgia Skydiving Center, Inc. and its subcontractors is being pursued.



Respectfully
Sandor Vali
CEO Georgia Skydiving Center, Inc.




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Maybe '05 will be the year skyride takes a dive!

Chris Welker



I notice that Google brings up a lot of hits with "SCAM" or "WE DON'T ACCEPT SKYRIDE CERTICATES" etc., prominently displayed. Some from (real) DZs, and some on personal sites like Jan's and Kallend's.

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