Hello everyone.

I've come to share a bad story with you from Jay at NuPixel.

I've known Jay for a long time, and he's always been helpful to me. However, now, this time, he placed me in a bad position and it ended up causing us problems.

I sent him a message and he began work around 6/1/2007 on a design for me. About 5 days later, he sent me a preview: http://portfolio.nupixel.com/preview/TrawlHost.gif.

Looked good, right? Well, it wasn't. He made the modifications, sliced, and coded it for me.

It was great! Site worked wonderfully. Until about 7/10. I noticed that the image of the person was stolen from HostingPuppy. http://www.hostingpuppy.com/images/hd.jpg

Okay, I sent Jay a message. It took him about a week to reply, and he sent me this message.


Hey Doug, I've talked to Jon from HostingPuppy. I wasn't aware that he didn't want me using the image for yours after I used it on his site, so since he had it first, I'll redo a header for you and get it to you shortly.

~Jay


Copyrighted images on my site Jay..

What is going to happen now? Will you redo that part of my site that was taken from HostingPuppy?


I spoke to Jon at Hosting Puppy, and it turns out Jay did not speak to him, but lied about such.

I showed the message to Jon at Hosting Puppy and he relayed it back to Jay.

Jay sent me this PM:


Well he left me a message on MSN that said:

Jon said:
Hey

Jay :: nupixel said:
AutoMessage: I''ve stepped away for a short while, leave a message and I'll get back with you as soon as possible.

Jon said:
WTF is this?

Jon said:
Hey Doug, I've talked to Jon from HostingPuppy. I wasn't aware that he didn't want me using the image for yours after I used it on his site, so since he had it first, I'll redo a header for you and get it to you shortly.


~Jay

Jon said:
Dude, you did something bad and now instead of just acknowledging it you're making it worse and worse

Jon said:
You, dude, are a complete liar. I'm sorry I ever did business with you.


Then, Jay told me he would make me a new header image.

Today, still, no word on that new header images.

I'm greatly disappointed, as Jay has always been nice and been helpful, but not on this occasion.

I hope he attempts to clarify, as it still does not register as to why he'd do it.

(MODS: Move if necessary.)

I will back this as an accurate account of what happened.

A customer of mine pointed out that Trawlhost site to me. I then contacted Dougy about it and that's when we discovered that Jay was the common denominator.

I can also verify that this quote from Jay is an outright lie:

"Hey Doug, I've talked to Jon from HostingPuppy. I wasn't aware that he didn't want me using the image for yours after I used it on his site, so since he had it first, I'll redo a header for you and get it to you shortly."

He never spoke to me until well after the fact and at which point he tried to assert that he didn't write what he wrote above.

This thread is destined to turn into a 'he said, she said' thread. I think that's unavoidable, but I think that the critical facts to keep in mind are this:

1. Jay rebuit Hosting Puppy's site with images that I was licensed to use. That header image was from my original site and I am licensed to use it. I'm not an exclusive licensee by any means and I'm sure there are more licensees than I, but Jay is most definitely not one of them.

2. Jay then used that same image on another site without any regard to copyright or licensing. He did not ask or indicate at any time that he had taken that image and was intending to use it elsewhere.

3. He then lied to both Dougy and I about the events surrounding the situation.

It behooves anyone involved in web design or graphic design to be aware of, and have some respect for, copyright and image theft.

Jay left his customer, Dougy, in a bad situation. He left him with a site with an image on it that Dougy was not licensed to use and did not give Dougy any clue that he had done so. Had the copyright holder come along and seen his image on Trawlhost's site, Dougy might have found himself in a bad legal position.

Being left in such a position really isn't something that I would expect from a professional I had hired.

Even now, with even more time that's passed, nothing from him. :angry:

Is this a copyrighted stock photo? If it's free he has every right to do this, however if it isn't, I can see why your upset.

Just curious =)

(hah, I didn't read a line apparently, sorry)

Is this a copyrighted stock photo? If it's free he has every right to do this, however if it isn't, I can see why your upset.

Just curious =)

(hah, I didn't read a line apparently, sorry)

Welcome to WHT + yeah, it was a copyrighted image.

I will back this as an accurate account of what happened.

A customer of mine pointed out that Trawlhost site to me. I then contacted Dougy about it and that's when we discovered that Jay was the common denominator.

I can also verify that this quote from Jay is an outright lie:

"Hey Doug, I've talked to Jon from HostingPuppy. I wasn't aware that he didn't want me using the image for yours after I used it on his site, so since he had it first, I'll redo a header for you and get it to you shortly."

He never spoke to me until well after the fact and at which point he tried to assert that he didn't write what he wrote above.

This thread is destined to turn into a 'he said, she said' thread. I think that's unavoidable, but I think that the critical facts to keep in mind are this:

1. Jay rebuit Hosting Puppy's site with images that I was licensed to use. That header image was from my original site and I am licensed to use it. I'm not an exclusive licensee by any means and I'm sure there are more licensees than I, but Jay is most definitely not one of them.

2. Jay then used that same image on another site without any regard to copyright or licensing. He did not ask or indicate at any time that he had taken that image and was intending to use it elsewhere.

3. He then lied to both Dougy and I about the events surrounding the situation.

It behooves anyone involved in web design or graphic design to be aware of, and have some respect for, copyright and image theft.

Jay left his customer, Dougy, in a bad situation. He left him with a site with an image on it that Dougy was not licensed to use and did not give Dougy any clue that he had done so. Had the copyright holder come along and seen his image on Trawlhost's site, Dougy might have found himself in a bad legal position.

Being left in such a position really isn't something that I would expect from a professional I had hired.

How could "A customer of mine pointed out that Trawlhost site to me." when it wasn't even a site? it was a screenshot with a watermark right? I must have missed something. which is usually the case :)

I had the TrawlHost.com site on trawlhost.com, the PSD was sliced and coded.

Then it was pointed out.

I hope I clarified enough, fastnoc?

Dougy // The reason it took a week for me to respond was because I was out of town foe 2 weeks. I didn't lie about speaking to HostinPuppy. I checked my email while I was gone and saw that I had one from HostinPuppy concerning this matter, so I emailed him and told him that I would fix it when I got back in a few days. After getting home I emailed Doug (I couldn't email him from where I was as I did not have his contact information) and I told him that I had spoken to HostingPuppy and would be redesigning Dougy a new header. I did complete your header and sent you an email 1 day after initially contacting you concerning this incident with the attached new header.

HostingPuppy // The reason the image was used initially was because I was under the impression that the image was not copy written. I would would never intentionally steal a copy written image for personal or business use.

Hehe, I've yet to see that email Jay. :(

It's a lie. There is no email. I use Cerberus to track all my incoming/outgoing email and I have no email from Jay on this subject at all.

Jay - "I didn't know" really isn't a viable excuse for ripping a pic. Someone who does web design for a living should really have some kind of grip on the fact that any old pic they like lying around the web probably isn't licensed for their use. That's what kiddies do, not 'professional' designers.

Licensing issues aside, I also find it unprofessional to take a pic from one client's site and use it on another client's site without asking. If you had supplied that pic I would feel differently, but you didn't. You took it from me. And no, Jay, there was no email asking me so you can drop that piece of ********.

HostingPuppy // You can quit the lying anytime you feel like it. You did email me twice on July 2nd, both messages are shown below. I then emailed you back after I received the first one.

I know I was in the wrong to use the image without asking you first, you've stated that many times already. Regardless or not if I had asked you if I could use the image, if you or Douglas were really concerned on this matter, you would have emailed me concerning this when you were not updated later on or were not seeing any changes being made on my part. The fact that I don't hear about this incident until today (Dougy PM'd me the link to this thread this morning) tells me that neither of you cared seriously enough about this incident. I did email both you and Douglas


FIRST

-------- Original Message --------
Subject: Site Template
Date: Mon, 02 Jul 2007 14:34:12 -0600
From: Jon Watson <info@hostingpuppy.com>
Organization: Hosting Puppy
To: Jay C. <ratznetw0rk@hotmail.com>

Hi jay

Ran across this today: http://trawlhost.com/

While I know that I didn't pay the exclusive cost for my template, I
still find it surprising you thought it was take the guy from my site
and put it onto someone else's.

Not sure I have a legal leg to stand on, but I'm quite disappointed that
you did that.

Jon

--
Hosting Puppy - Home of "Buck A Gig" Hosting
http://www.hostingpuppy.com
1.866.968.4666


--
Hosting Puppy - Home of "Buck A Gig" Hosting
http://www.hostingpuppy.com
1.866.968.4666


SECOND
Actually, come to think of it, I'm sure the copyright holder whom I bought the template from (images included) would be interested in this.

I'll wait until tomorrow for you to respond before doing anything.

Jon

You are a complete liar, Jay. You damn well know you have never sent me any email on this topic and posting an email from me to you certainly doesn't provide any measure of proof.

Why don't you post the email you sent me?

I predicted when Dougy started this thread that it would turn into a he said/she said troll thread, and here it is.

I'm fine with that, however, because the point of this thread has been met. WHT searches for 'nupixel' return this thread as the number 1 hit. Google searches for 'nupixel' return this thread as the third hit. Assuming you clean up your act and don't piss off any more customers, those results will sink lower as they will deserve to. If you continue to do bad things and lie about them then quite likely you will continue to piss people off and those results will stay the same - right near the top of anyone's search for you.