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Oh, I just love this being on all of my photos displayed there:
This is a public image hosted on Flickr, however it is not endorsed or certified by Flickr.
There is no charge for this wallpaper.
/sarcasm
Posted 17 months ago.
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FYI -- Whois contact info:
Domain myxer.com
Date Registered: 2005-10-30
Date Modified: 2007-9-23
Expiry Date: 2008-10-30
DNS1: NS.RACKSPACE.COM <---[zyrcster] most likely their host, whom a complaint can be filed with.
DNS2: NS2.RACKSPACE.COM
Registrant
Myxer
245 N. Ocean Blvd, Suite 306
Deerfield Beach, FL (US)
33441
Administrative Contact
Myxer
DNS Admin
245 N. Ocean Blvd, Suite 306
Deerfield Beach (US)
33441
954-360-0360
support@myxer.com
Technical Contact
Myxer
DNS Admin
245 N. Ocean Blvd, Suite 306
Deerfield Beach
33441
US
954-360-0360
support@myxer.com
Registrar: AVAILABLEDOMAINS.CA
Posted 17 months ago.
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Interesting - my name returns only 5 images; 2 of which are actually mine.
Of the three others, two are collages featuring at least one of my images (correctly attributed by the respective creators), the other mentions my name in the description.
Could have been worse (for me); sucks for those whose whole stream pops up there!
Hopefully, Flickr will pull their API key, and they'll disappear from whence they came...
Posted 17 months ago.
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www.myxer.com/about/contact/
At least they show contact info (including a copyright officer)
Posted 17 months ago.
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It is an image search engine.
If you search for your name, of course your images will pop up.
Or am I missing something here?
Posted 17 months ago.
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Oh, sweet! They can send my photos and my favorites straight into my phone. How cool is that?
Posted 17 months ago.
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What you are missing is that the image appears in a size much bigger than a thumbnail. That's against the law in most jurisdictions, including England and Wales.
Google Images and other search engines only show a thumbnail.
Posted 17 months ago.
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"Or am I missing something here?".
Yes, you are. They're offering copyrighted images for use as "free" wallpaper. They have no right to do so without having entered into an agreement with the copyright owners (ie: US)...
Posted 17 months ago.
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@Jayel
It is no more an search engine than this is:
www.phizz.demon.co.uk/search.htm
Posted 17 months ago.
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Yes, that is exactly the sort of use of "thumbnail" sized images that is illegal. "cool" indeed.
I think they're even violating Jayel's licenses.
Where's the torches and pitchforks when you need them?
Posted 17 months ago.
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Really? They are already attributing me. My licenses are a very permissive Attribution-ShareAlike.
Is it really a problem? I mean the images are quite... I do not know. Small. Though, Perfect 10 v. Google more than applies to this (that case involved thumbnails!). Funfotoguy could argue that Myxer is adversely affecting his market for wallpapers in cellphones.
Posted 17 months ago.
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"Is it really a problem?".
Yes. They're offering copyrighted images for use as "free" wallpaper....
Posted 17 months ago.
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indeed.
all my copyrighted (All Right Reserved) photos appear on www.myxer.com and they offer them as being free wallpaper.
this is blatent copyright enfringement. i do not allow other websites to redistribute my copyrighted (All Right Reserved) photos - unless they have written permission. and i never gave that permission to myxer.
they also say: "This is a public image hosted on Flickr".
once again, i think the word "public" confuses them. they think public means "public domain". but it's not, it means public in the sense that anyone can see those photos on flickr, by opposition to "private" photos that cannot be seen by everyone.
of course, if myxer can access the photo, it has to be public. but that does not mean that it has a license allowing any use. so they should check the CC license, if any, before usiung the photos, but they don't.
i sent a mail to myxer to notify them that they are committing copyright violation. not sure if they read email feedback sent to them...
Posted 17 months ago.
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loupiote (Old Skool) edited this topic 17 months ago.
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In fairness to those behind Myxer, the misleading nature of the "This photo is public" bit has been mentioned many times.
And, as also mentioned many times, it'd take about 30 seconds for a Staff member to change the wording to "This photo is publicly visible"...
Posted 17 months ago.
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It has been changed to "Anyone can see this photo".
Posted 17 months ago.
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true, the wording has been changed on the flickr pages.
but the word "public" probably still appears in the API specification...
also, i wish the "(c) all rights reserved" mention could appear just under the image, rather than in a remote corner of the photo page, as it does now.
in fact, i would love the following mention immediately under each of my photos:
"(c) all rights reserved - use of this photo only allowed on flickr"
Posted 17 months ago.
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Found a bunch of mine too, how feaking annoying, weasels. I even turned off my "blog this" button and "all sizes" a while back ago. Here I am buying Software and getting ready to create and sell screen savers and wallpaper sets off of Flickr on another website and they are offering my stuff as free wallpaper?... sigh...
Posted 17 months ago.
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As best as I can tell, if people want to use images for "wallpapers", they have to go to your flickr page to get the photos.
I am assuming that they are using the "blog this" feature to obtain the photos.
What stinks about this, in my opinion, is that they are using our photos to drive traffic to their site somehow, wherein they try to profit in other ways.
I'm somewhat torn about it as one never knows who might see a photo and want to license it legally and, of course, profitably for me. But as a friend suggested, the type of people who are apt to use that site aren't likely the ones to license photos.
*runs to turn off "Blog This"...*
Posted 17 months ago.
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Patrick T Power edited this topic 17 months ago.
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I am assuming that they are using the "blog this" feature to obtain the photos.
Hardly -- it's a search engine based site (pulls tags) using RSS or the Flickr API.
Nor does their site send you to Flickr for the upload to your cell phone. You just enter your phone number, click the button, and the photo gets sent to your phone immediately.
Posted 17 months ago.
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I hadn't tried that as initially, I was thinking computer wallpapers... I don't own a cellphone so it didn't occur to me to click on that.
Thanks!
Posted 17 months ago.
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 It is searching by tags, rather than user.
It's not the Blog This, as mine's been turned off.
Here's my picture, which I just sent to my phone.
This makes me really angry. I wrote them an email, but I don't expect to hear anything. And you're right; we shouldn't have to do much more, since our photos have the copyright on them. I believe we don't even have to notify them. Isn't that the case? Can't we all file a class action suit?
Posted 17 months ago.
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dogfaceboy edited this topic 17 months ago.
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 Just tried it myself Patrick, Mixr provide the wallpaper from their site.
Blatant theft!
Posted 17 months ago.
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a terrible site. And yet it doesnt pull any of my images it seems. Lucky me.
Posted 17 months ago.
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I've emailed the copyright address at myxer with no response.
Step 2 (for those who care to join in) is to file a copyright complaint with their hosting service, rackspace.com:
www.rackspace.com/information/legal/copyrightnotices.php
Posted 17 months ago.
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 You've opted out of the API, correct? If so, that would point to this being an API application, and thus subject to the API's ToU. Given that it's a holiday weekend, not sure if the staff at Flickr is around to turn off that key.
Posted 17 months ago.
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 How do you "opt out" of API? I don't see a spot that allows you to exclude yourself from those feeds.
Posted 17 months ago.
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yes zycrster, So it does indeed look like an api thingy.
@dogfaceboy click on your name at the top of the page, then click on privacy and permissions, and its there somewhere.
Posted 17 months ago.
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Well, it's not, actually. Under Account and the Extending Flickr tab, there's permissions I've granted, but API isn't one of them. Is it the Testing Key?
Posted 17 months ago.
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hold on im checking. :-)
Posted 17 months ago.
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click on your name
click on 'privacy and permissions' (not 'extending flickr')
click on 'edit' opposite 'hide your stuff from public searches'
:-)
I think that should take you to the right place.
:-)
Posted 17 months ago.
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I dub thee king (which you might not want to be, as I am queen). Thank you, sir.
Posted 17 months ago.
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lol
King works for me.
Posted 17 months ago.
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Actually, that seems to have worked. I no longer have my photos there!
Posted 17 months ago.
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Right, but for those of using the API for other purposes, opting out of it just to get our images off of this site is not a great choice. I'm not going to cripple my use of other, responsible API applications just because this one is circumventing the API Terms of Use.
Posted 17 months ago.
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I would prefer that this podunk site didn't cripple Moo, Imagekind, and Bighugelabs (which is what a complete API opt-out would do). That would be considerably more damage than the theft of a few photos.
-cough- API blacklist -cough-
Posted 17 months ago.
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I'm with zyrcster. I like a lot of API applications, and see no reason I should give them up. TOU violations should be appropriately penalized.
Red Queen: "Off with their heads!"
Posted 17 months ago.
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I'm so happy we're all on the same page in this thread. :)
Yea, I want a black/white list, too, but that still doesn't change that this is an infringing site that is also violating the API ToU.
Posted 17 months ago.
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Me too. I'm not going to stop using Moo to stop some script kiddie selling my snaps to the charming mobile phone generation.
Posted 17 months ago.
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OK, well, it doesn't interfere with places where you've already extended permission. If you go to the Extending Flickr tab, you'll see the places you've granted permissions. Click the edit key, and you can remove permissions. But those groups that have your permission (I have Big Huge Labs and Picnik, for instance) still have it.
I'm not appearing on the Myxer site, but I can do anything in my other permitted external companies.
Posted 17 months ago.
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Yes, but a site like Flickleech does not use the extended permissions tab -- you can just go to that site and start using it. So, if I shut myself out of API searches, it also shuts me out of those API apps -- and anyone using such an app to view my stuff.
Again, crippling a Flickr feature just to get one thieving site to stop using my photos is a very unattractive option.
Posted 17 months ago.
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 dogfaceboy
So, you can still use Scout to find your Explored images then?
Posted 17 months ago.
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ColleenM edited this topic 17 months ago.
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 Indeed I can. I still have 292 Explore pictures (though I always include the dropped because I'm an egotist).
Posted 17 months ago.
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Now I'm curious.
Looks like we have a partial version of whitelisting in action.
I wonder if you can add any more sites using the Extend Flickr tab without turning off the Hide From API searches toggle?
Posted 17 months ago.
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I had no idea you checked Scout, Colleen. :)
Posted 17 months ago.
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Colleen, again, it varies by application. For those that request permissions for you to use the app, then it will and always has worked. But it also prevents others from viewing your work using those apps.
For those apps that do not do a permissions check, it'll just bar you from using them to check your work.
Posted 17 months ago.
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For those apps that do not do a permissions check, it'll just bar you from using them to check your work.
Not necessarily; if the search is made passing your user_id as parameter the API will happily serve your photos. It's just that they won't appear in site-wide searches. It's akin to looking by tag in your photostream vs. searching in "everyone's photos"
Posted 17 months ago.
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Thanks Luis, so it will prevent the API from seeing your tags but not your username (unless you hide your username from searches, I presume?).
Posted 17 months ago.
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Yes, more or less, something like that. :-)
Posted 17 months ago.
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Geez. What a wonderful side-effect of their search engine. I found my icon artwork ( www.flickr.com/photos/bar-art/414998399 ) pop up on half a dozen other Flickr pages. Looks like I'll be spending my afternoon sending "please don't do that" Flickrmails.
I'm about afraid to start doing Flickr-wide searches for "jesus" and "dinosaur".
needless to say, education all around, still an issue.
Posted 17 months ago.
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Uh, yea. There's quite a few of your jesus horses out there.
Posted 17 months ago.
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Yes, they have hundreds of my Copyright photos for free wallpaper from flickr too!!
Posted 17 months ago.
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Oy. well that was fun.
I tried the wallpaper thing out. Had to sit through several full-page ads before it finally got sent. Very very not "fair use".
not to mention, since they don't include the license info for each image, it is very likely folks can take the images from them and sell them directly.
That's something that violates even Jayel's "permissive" license (no license notation, breaks "share-alike" terms).
Posted 17 months ago.
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What size are they sending to the phone? Can you tell?
Posted 17 months ago.
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OK, now I am furious.
I tried out the send to phone thing, and on the confirmation screen at the website prior to the final send to phone, was my image in medium size.... hosted on myxer's servers -- NOT Flickrs.
This is so unacceptable.
Posted 17 months ago.
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yep. The sizes going to the phone depend on the model; they'll resize it based on the specs of the screen sizes. They also offer the option to crop the images wherever you want.
which, um. yeah. license, no-derivs, etc.
Posted 17 months ago.
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Yea, what I got sent through to my Razr was a 270px sized image, heavily pixelated. Uh, "transformed", I guess.
Posted 17 months ago.
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well what do you expect, it's free. heh.
The fact that they copy and store the images locally should quiet the faction of folks that think displaying an image outside of Flickr doesn't count as "copying".
copying counts as copying.
Probably nothing to do about it till the staff is back from the holiday weekend. Except make some wallpapers.
You know if someone made a cell wallpaper utility that had API authentification and added options for contacts or friends, did it right basically, it'd be a handy utility. shame.
Posted 17 months ago.
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Well, it also means that I have to fill out another takedown notice to send to these clowns considering that I had no idea the images were also hosted over there. And it's you know the long weekend.
Yea, hard to wiggle out of the copy=copy thing. Funny how the usual crew isn't here to defend them anymore....
Posted 17 months ago.
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it'd be a handy utility.
Yea, like the batch downloaders being handy for when I have permission from a contact to download a bunch of their stuff.
A well written API app that could authenticate me against my contact's steams and allow me to update my cell's wallpaper with stuff? That'd be cool.
I'd prolly even grab your sharks first.
Posted 17 months ago.
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pfft, whiner. I'm op to 35 Flickr users and counting, posting my Jesus/Dino image here. It's like a repetitive typing test.
Posted 17 months ago.
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It's like a repetitive typing test.
copy/paste, eh?
Posted 17 months ago.
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Heh. You should have just started a group and invited all of those pics...
Posted 17 months ago.
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Haha! A group called "You've uploaded my photo to your account without my permission!" would be cool. Imagine all the picture invites "Hi, I'm an admin for "You've uploaded my photo to your account without my permission!" and I'd love for my photo to be added to my group"
Posted 17 months ago.
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/smirk
Posted 17 months ago.
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the problem is that they use our copyrighted (all right reserved)photos to drive traffic to their commercial site, in addition to re-distributing it illegally (without permission).
i think we all agree that this is an obvious copyright enfringement.
but i don't want to remove my photos from access by the API just because a couple or rogue sites do not respect the flickr's API term of use and enfringe on copyright.
i would have no problem with them if they give me a penny each they send one of my photos to a phone.
Posted 17 months ago.
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Yep, a bunch of my shots there too. Takedown notice going off this morning. Do Flickr care about this? I know they couldnt have cared less when Italy's biggest newspaper stole my work and that of ten other Flickrites, to reprint on their sites with the copyright attributed to them. If Flickr could be motivated to, with us, issue some strongly worded warning to these people surely that would carry a lot more weight?
It is Flickr's API being abused here. We are just caught up in it. But yet again the burden of contacting people, issuing cease and dissist is all down to us......
Posted 17 months ago.
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Alfie | Japanorama edited this topic 17 months ago.
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> It is Flickr's API being abused here.
yes, and flickr could suspend their API key until they respect copyrights terms of each photo.
but it's independence-day week-end in the US, so we'll have to wait until monday to hear back from flickr staff on that.
Posted 17 months ago.
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Yes, that's fine. People can of course have their holiday and Monday is fine. I am faxing my takedown to Myxer now and mentioning that I will be contacting Flickr to inform them of all of this.
Posted 17 months ago.
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loupiote (Old Skool)
Actually, they can suspend their API key until they comply with ALL of Flickr's API Terms of Service. Terms like respecting each user's download permissions, in addition to the licenses (or lack thereof) on each image.
Posted 17 months ago.
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Flickr has 'been having hiccups' again. Not sure if that is why my images, some five mins after them being on Myxer, are not there anymore. Or, maybe someone at Flickr not on their holiday has already suspended their API key......
But, I have a screengrab of what WAS on Myxer and they are getting that and my takedown faxed to them now.
Posted 17 months ago.
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Mine are still all there.
Posted 17 months ago.
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zyrcster/brenda: that's hilarious. I wonder what the group "award" icon should be?
Posted 17 months ago.
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Ha -- The Searcher -- perhaps one of your sharks eating the Flickr logo?
Posted 17 months ago.
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they have my images too. Emailing them. Suspend their API Key. please.
Posted 17 months ago.
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I tried sending my photo to my cellphone here in NZ... figured that would hit them in their pocketbook... but it said it was unable to complete. oh well.
Posted 17 months ago.
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I really wish there was a Report Abuse link on this site just to report API key abuses.
Posted 17 months ago.
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zyrcster wrote I really wish there was a Report Abuse link on this site just to report API key abuses. I've done it under the general catch-all section of Report Abuse before, from the page where I got a Stats report.
Posted 17 months ago.
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brenda: careful there. The site says "normal phone rates apply". So odds are you'd be the one getting hit if it went through.
Posted 17 months ago.
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No, in NZ, you only pay when you make calls or txts. All incoming things are free... not like the crazy US system where you're afraid to give anyone your cellphone number in case they call you and you have to pay for it.
Posted 17 months ago.
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Hmm, I have a national plan and all sorts of minutes and unlimited during the weekends -- I never worry about being charged for a call. I did once, but that was years ago.
Posted 17 months ago.
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I have zero free minutes and only pay for the calls I make... and since I don't make many, I basically just have a cellphone for emergencies and it costs me $20/year.
Posted 17 months ago.
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Most plans, at least in the U.S., have separate charge menus for text messages and especially txt/photo messages. it's $1.99 on average for a photo message if you don't have it as part of your plan.
you wonder why there's such an icy fear of marketers getting access to cell phones.
Posted 17 months ago.
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I only have a cell, not a landline, so I need to pay for the minutes and such. I like only having the one phone, though.
But yea, I'm not into the marketing crap.
Posted 17 months ago.
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I think it was all off from Myxer because of the Flickr servers being offline just now. Mine are all back on there again now.... and some new ones too.
The thing that really pisses me off about Myxer is althoughtheir download to mobile phones is 'free', I am sure that like everyone one else who uses a similar system, that Myxer are making some profit somewhere on the call charges. That is theft and fraud and profiting from stolen goods as far as I am concerned....
In regard to the usages or restrictions set by us for our photos, the API terms clearly state that people using the API must....
"Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, Flickr doesn't own the images - Flickr users do. Although the Flickr APIs can be used to provide you with access to Flickr user photos, neither Flickr's provision of the Flickr APIs to you nor your use of the Flickr APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Flickr), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Flickr photos in compliance with the photo owners' requirements or restrictions."
www.flickr.com/services/api/tos/
Those rules are clearly being breached here by Myxer.com
Posted 17 months ago.
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Alfie | Japanorama edited this topic 17 months ago.
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I did a little (very little) search on the net and came up with this site:
10 Big Myths about copyright explained
Check out Myth #2 - "If I don't charge for it, it's not a violation."
False.
Posted 17 months ago.
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What is it with the mobile/cell phone companies?
The main spammers on our forums are those selling phones, or offering to make knock-off copies. We've seen sites in the past on these forums with downloads from flickr, the main carriers over charge with extortionate rates if you want to use the damn thing abroad.
Posted 17 months ago.
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They're preying on those gullible dumb-asses who aren't capable of simply using a 'phone for making 'phone calls - ring-tones, wallpapers, games, SMS dating lines, and all that shit...
Posted 17 months ago.
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"What is it with the mobile/cell phone companies? "
Or, what is it with these image hosting companies who - despite opening up their code for all and sundry - seem to make the entire responsibility for copyright ours????
The API is enabling mass infringement. Flickr, when you are back from your holidays perhaps you would please do something about this.
Thanks.
Plus, how about making this integration with Piknik a little more user friendly; like being able to add a watermark to all your Flickr files easily, rather than having to do it one at a time at the moment?
Posted 17 months ago.
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Alfie | Japanorama edited this topic 17 months ago.
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why is everyone so sure that this this site is powered by the flickr API?
Posted 17 months ago.
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The photos returned are sorted by interestingness... so my assumption is that it's a tag search by interestingness... not an RSS feed, for example. The easiest way to do that is using the API, isn't it?
Although, seeing how it doesn't return every search, it may be a series of hard-coded queries... although why it would hardcode a search for "curiouskiwi" is beyond me. :)
Posted 17 months ago.
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Why would it be any different to the rest?
API, RSS, tag search, badge, hardly any of these 'giveaway flickr image' sites actually invest in technology of their own.
Posted 17 months ago.
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Because Striatic that would be the most logical way of doing it, the easiest and the way that most people do it. Hence my asking how organised Flickr are about policing the people who use their API.
Posted 17 months ago.
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Alfie | Japanorama edited this topic 17 months ago.
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I'm no longer seeing flickr images on the site. My tags don't turn up, and the 'cats' search is just returning lolcat stuff. If you still have direct links they'll show but I don't think the search is returning stuff.
Posted 17 months ago.
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Walwyn edited this topic 17 months ago.
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Nope. None of mine show up now either. yay.
Posted 17 months ago.
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Good. I was getting this about an hour ago. Either they have switched off the API themselves, before getting the hell sued out of them, or Flickr has had a word. Either way, result. And it seems that 90% of their content has gone now Flickr pics are not showing up.
Could I just politely ask, Striatic: are you on the staff at Flickr? Because it seems that just as we are assuming things might be to do with Flickr, your posts always seem instantly to leap to their defence.
Posted 17 months ago.
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Alfie | Japanorama edited this topic 17 months ago.
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I don't think guessing how this site is powered is leaping to Flickr's defense. There are many ways that Flickr photos can be purloined, as point of accuracy/fact.
oh crap, now does that mean I'm leaping to Striatic's defense? I try not to do that.
Posted 17 months ago.
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All of mine are gone too. :)
Posted 17 months ago.
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I don't think guessing how this site is powered is leaping to Flickr's defense. There are many ways that Flickr photos can be purloined, as point of accuracy/fact.
Well yes and no. If they are implementing a search then in lieu of being able to consult a current API key listing, or at least a reverse search, then its 100:1 on that flickr technology is being used.
I like the reverse API key search idea. You could give flickr a web page and have it tell you whether the site is being powered by the API, a tag feed, or whatever. No one needs to know every site that is using the key, just whether site X is doing so.
Posted 17 months ago.
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Walwyn edited this topic 17 months ago.
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It was a polite question re: Striatic. I am not trying to make waves. But given the power of the API and the fact it has spread like wildfire across the web, there is a good chance every time that the API is behind things. Expecting or guessing it is the API would be a more logical response than thinking it wasn't.
Searcher. LOL. Shall I leap to yours just to cancel things out?
The reverse search is an excellent idea Walwyn.
Posted 17 months ago.
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As explained every time someone takes this line, it's pretty easy to tell Flickr Staff in the Forums. They're the ones with the word "Staff" under their buddy icons...
Kind of like assuming that anyone who criticises Flickr must by definition be working for Zoomr. Or Ipernity. Or Picasa...
Posted 17 months ago.
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Dr. Keats edited this topic 17 months ago.
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