This is normally the place where a company or individual gets shamed and exposed for copyright infringement regarding my Home Office images. This time, however, I’m not going to expose just the user but the company that enables the user to commit acts of copyright infringement.

In this particular instance the individual responsible for the copyright infringement is someone by the name of Dennis Landayan who created one of the most awful looking websites I’ve seen since the dawn of places like Geocities and the tremendous amounts of crap that started to culminate over there. Dennis Landyan calls this eyesore of a site “Freedom of Technology”. But it seems Dennis may have mistaken his concept of “freedom” to extend and include “freedom to steal images”. I’ll let the following screen-grab fill in the rest of the picture.

Notice how the page has some automatically generated links for the Terms & Conditions and Copyright Notice. How ironic that they certainly don’t apply to the image of my home office used there by Dennis Landayan.

However, because Dennis Landayan has failed to leave any contact information on his chaotic and messy eyesore site there was no way to send a copyright infringement notice or summons. But Terapad (part of SiteJourney Ltd.) the company that provides Dennis Landayan the ability to host such an eyesore sire has to act under the DMCA (Digital Millenium Copyright Act). Unfortunately (for Terapad and SiteJourney) they have appeared repeatedly unresponsive to the DMCA notifications.

Shame on Terapad and SiteJourney Ltd.

Looking at the terms and conditions of use, Terapad provides individuals with a free web-site (much like Geocities once did), and has a clause regarding violations that clearly states:

Please report any violations of these Terms and Conditions via email at labs@terapad.com

Guess what. There is no response nor any action when DMCA notifications are sent to that address. In fact, any other contact address or way of contacting either Terapad or SiteJourney Ltd. yield any response whatsoever. It is possible that Terpad has gone out of business or that SiteJourney is bankrupt and that what we’re seeing online are just the left-over skeletons of some kind of Geocities clone or failed experiment.

However, the unresponsiveness is also what essentially creates a bigger problem for Terpad and its parent company SiteJourney Ltd. because not responding and thereby allowing the infringement to continue makes Terpad and/or its parent company SiteJourney Ltd. liable and responsible for what is being hosted on their server(s). And that’s where the “fun” starts.

SiteJourney Ltd can be found at 40 Beaufort Court, Admirals Way, London, 14 9XL, England (UK). Tel: 020 7093 6040 and Fax: 020 7093 6041 while citing e-mail addresses for support support@sitejourney.com and a general address as labs@sitejourney.com. The latter address, as you can see, is the same as the address for any violations of the terms of service (TOS) of TeraPad.

It is unclear just what the relation between Terapad and SiteJourney Ltd. is but the site of the latter contains the following information:

Terapad.com is a revolutionary online publishing and eCommerce solution well adapted to the needs of small and medium businesses. It’s ‘Software as a Service’ (SaaS), meaning there is no capital investment to make, no long term tie-ins, and no upgrade cost, ever.

Terapad is unique in providing a complete online presence going well beyond the traditional ‘web brochure’, and includes e-commerce, forums, image gallery, blog, RSS, event calendar, recruitment tools, support for internationalization, and 500+ other features.

This Hall Of Shame contestant will probably see an update in the story provided here as the last and final notice of copyright infringement has gone out to SiteJourney Ltd. After which there is no longer an excuse to claim ignorance nor any excuse for their prolonged and continued unresponsiveness of over 3 weeks (at the time of writing of this expose).

Needless to say it will be interesting to see how SiteJourney Ltd. is going to respond to a formal legal complaint and whether the results of that might break the company’s back or drive them to take their responsibility like any reliable web-hosting company should (and usually do!) but in the meantime they’ve found themselves a welcome place amongst the contestants in the game of who’s the biggest and worst copyright violator in the Office Thieves Hall Of Shame.