Claus-Dieter Zink takes measures against Lowlands Cup team

If memory serves me right (after living in the US for 18 years now),
this scheme is a time honored tradition in Germany as well as in the
US. Just try and put a product on the market that rhymes with WalMart
or Sony and wait what happens. This is just another form of ambulance
chasing that lawyers initiate to make a quick buck.
I would not be surprised if Zink had turned over this entire business
of fighting unauthorized usage of his pictures to lawyer that can't
hack it in business law or other more mainstream councel activities.
He may even have signed away his right to interfere with the
enforcement process once the lawyer determined that money might be
extracted.
A more benign point: Just because Zink doesn't speak English he should
not be considered a mindless redneck by this international and no doubt
multilingual forum.

Herb

wrote:
This is one very nasty situation. Mr. Zink should not hire any lawyers,
if he is so pathetic about his "rights" ...well, he can keep his
calendars for himself. Hopefully nobody will buy his "art". I don't
think we need people like him involved with anything related to soaring
or aviation in general. I really feel sorry for the victims of his
"business practice". Sounds to me like "sovietizing"...I wonder, maybe
Mr. Zink is behind Russia cutting natural gas supply to Europe? Just a
thought....

I had a better idea, instead of collecting money through paypal to
DEFEND the case, why not just take a collection to PAY the 1400 Euro's
and be done with the whole problem.

Seems like he is only asking to reimburse the legal fees and not even
charging for use of the picture.....a fair deal indeed!

If everyone sent a couple euros it will all go away in very short
order.

Just let him know what you are doing and ask for a bit of time to raise
the money.

There is absolutely NO reason to boycott his business since he has done
no wrong at all.

jb92563 wrote:
I had a better idea, instead of collecting money through paypal to
DEFEND the case, why not just take a collection to PAY the 1400 Euro's
and be done with the whole problem.

Seems like he is only asking to reimburse the legal fees and not even
charging for use of the picture.....a fair deal indeed!

A very interesting position to take -- something very much in line with
Zink's own approach of trying to get something for nothing, no matter
from whom it comes. Nothing posted here so far on the matter has shown
Zink's case to be built on anything but arrogance, greed, and bluster.
Any money contributed should go only to putting Herr Zink in his place.

"Fair" would be Zink learning to communicate constructively with someone
other than his lawyer. I notice he has not the courage to come here and
plead his own case, but finds others to do it for him. Perhaps he is
waiting for someone to make a gift to him of a keyboard.


Jack

I am wondering why the fraudulent representative for Mr. Zink isn't more the
focus of this group????
Both by the group and Mr. Zink! He strikes me as being the one who should
be paying.

Alpha

jb92563 wrote:
why not just take a collection to PAY the 1400 Euro's
and be done with the whole problem.


This sounds like caving in to extortion.

I don't need a calendar...so I'm not boycotting...I'm just not buying!

This is bad press, for both sides. My images have been pilfered, too,
but since I don't rely on that to make my living, I suffer no
"damages."

Good luck to the Lolanders...I guess I'm just cheering for the little
guys (and habitually jeering the lawyers).

New update.

We tried to settle this with cdz in a friendly way. Didn't work. We are
now facing a higher threat and going to court.
Where will this lead to? Going to prison?

When you have a calendar of cdz, and look at the nice foto's, remember
that behind the photo is someone that seems only interested in money
and rather bring us to court than try to find a solution.

Any help in this case would be welcome. If you know CDZ please talk to
him and try to convince him that this is not what he wants.

For details and all correspondence with cdz etc. see:
http://lowlands.sytes.net

IANAL (I am not a lawyer) but...

.... I think the injunction the lawyer is threatening you with, will not
be enforcable since you already changed the picture on your website. As
far as I know, "einstweilige Verfügungen" (injunctions) are used to
set an immediate but temporary stop to an activity. I can't see how
this is applicable in your case.

.... I believe that only commercial sites need to have an impressum. I
am bot even sure if this is European law, in my mind this is just a
German thing.

.... I do not believe that the LLC team is constituting a GbR (manily
due to its non-commercial mission). This link seems to support that:
http://www.frankfurt-main.ihk.de/eng...t-up/idem/gbr/
Anyhow, how can German law can be used to prosecute an Internet
activity is beyond my understanding, but a sad fact nevertheless...

.... CDZ's case seems to be weakened since the picture in question was
indeed freely available on his site. However, you unknowingly violated
the license agreement by not stating the copyright on the LLC site. My
advise would be to get a German lawyer. The Glider community is a large
on, there clearly should be a kind fellow among the lawyer faction who
can help out..?

.......

As a sideliner, I am very troubled to say that I unfortunately already
ordered and received this year's "Fotokalender Segelflug"... As a
redemption I will transfer the same amount of money to your PayPal
account. The tone in CDZ's letters is irritatingly arrogant. This man
clearly has to be made aware of certain courtesy standards and limits.

I wish you all the best for your case!
Reno

_____________

Ronald Termaat wrote:
New update.

We tried to settle this with cdz in a friendly way. Didn't work. We are
now facing a higher threat and going to court.
Where will this lead to? Going to prison?

(...)

For details and all correspondence with cdz etc. see:
http://lowlands.sytes.net

Hi again,

yesterday evening I had a brief mail discussion with CDZ on that topic.
I don't know... he seems to be one of the "old Germans" who thinks that
the whole world would better speak their language... :-(
I explained the situation in detail to him - in German - and he
actually agreed that probably this conflict could have been avoided if
Vertigos first mails would have been in German. Since he does not speak
English, he throws away all non-German mails as spam. =:-o

Well, to me he seems to be a bitter man, his mails were full of
suppressed rage. I don't know if he always is like this, if he has far
too many copyright cases to deal with, or if he is annoyed over the
mails and telephone calls he gets on this current issue.

Anyway, our little chat did not change anything, he still blames the
LLC team for everything and he wants to see money. It was worth the
try, though...

/Reno

Knacklappen wrote:
IANAL (I am not a lawyer) but...


(...)

I wish you all the best for your case!
Reno

_____________

On Thu, 5 Jan 2006 10:35:17 UTC, "Ronald Termaat"
wrote:

: We tried to settle this with cdz in a friendly way. Didn't work. We are
: now facing a higher threat and going to court.

Am I right in thinking that you attempted to make contact with this
man, and that your email to him was replied to by someone claiming to
be writing on his behalf and giving you permission to do what you did?
If that reply can be proved to have been made to an email you sent
Zink, I'd have thought that would make a pretty strong case.

Ian

--

He may have done no wrong but do you really want to
give money to someone who behaves as he has. If enough
people e-mail him to say that they are not buying his
calendar because of this it would probably go away
fairly quickly.
Call me old fashioned but I don't have to buy things
from...........anyone.

At 22:30 30 December 2005, Jb92563 wrote:
I had a better idea, instead of collecting money through
paypal to
DEFEND the case, why not just take a collection to
PAY the 1400 Euro's
and be done with the whole problem.

Seems like he is only asking to reimburse the legal
fees and not even
charging for use of the picture.....a fair deal indeed!

If everyone sent a couple euros it will all go away
in very short
order.

Just let him know what you are doing and ask for a
bit of time to raise
the money.

There is absolutely NO reason to boycott his business
since he has done
no wrong at all.