MySwag.org The Off-road Camper Trailer Forum
General => General Discussion => Topic started by: muzza01 on January 24, 2014, 09:29:30 AM
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Hi guys,
Asking advice from other swaggers that have experienced something like this.
I have noticed that Broadwater campers are using a photo of my CT on their website.
The fourth photo down in this link is a pic of the slide out kitchen on my CT attached to my Cruza in my backyard.
http://www.broadwatercampers.com.au/index.php/new-campers/hard-floor-bct-04e/hard-floor-bct-04e.html#.UuGZXRHXeSM (http://www.broadwatercampers.com.au/index.php/new-campers/hard-floor-bct-04e/hard-floor-bct-04e.html#.UuGZXRHXeSM)
I didn't purchase my CT from this company. I can't understand why they we need to use my pic. Can't they just take one of their own.
They could have copied it from "my CT" thread, not sure.
I just tried to call them but they are not answering the phone.
Here is the original pic
(http://i895.photobucket.com/albums/ac155/muzza01/Camper%20Trailer/DSCN1105_zps52c59a2d.jpg)
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I'd say they should remove unless you give them permission? You may have to prove you are the copyrighted holder of that photo. But my understanding even though you put it in the public domain you still hold copyrights or at least to a substantial period after your death.
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No Offence - But does it really matter?
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No Offence - But does it really matter?
Probably not. It would have been nice if they asked. Why my pic? Surely photo opportunities of CTs are not difficult to come by if you are selling them?
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I just tried to call them but they are not answering the phone.
they are probably watching the forum if they are getting photos from here.
Nothing like false advertising though eh... Yours isn't a Broadshonk and they are saying that kitchen is one of theirs.
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As per my reply in the other thread, smile and be proud they thought your photos was good enough to use. You posted something on the web and I believe it is now public domain and there's nothing you can do about it.
KB
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No Offence - But does it really matter?
LOL
Sent from my iPhone using Tapatalk (http://tapatalk.com/m?id=1)
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They should have asked, it is pretty rude really.
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If it's in the public domain then it's really open slather. Basically if it's in google images then it's fair game.
As Danny says it would be nice to be asked but hey, it's flattering non the less.
I know a lot of my old Chippendale shots still get used and I get no calls.
Sent from my iPhone using Tapatalk (http://tapatalk.com/m?id=1)
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I know a lot of my old Chippendale shots still get used and I get no calls.
No calls from the women...yup understandable ;)
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They should have asked, it is pretty rude really.
How? If the the photo was on Google Images, how would they have found a contact to use?
KB
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How? If the the photo was on Google Images, how would they have found a contact to use?
KB
google images always reveals the source of its images doesn't it?
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google images always reveals the source of its images doesn't it?
Correct, you can click a link to the source but when you get to the myswag page, how do they contact the poster to get their permission. They would have to go to the effort of joining the forum to PM the poster. All too hard when they don't have to.
KB
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Correct, you can click a link to the source but when you get to the myswag page, how do they contact the poster to get their permission. They would have to go to the effort of joining the forum to PM the poster. All too hard when they don't have to.
KB
I understand that but it still would have been the polite thing to do. I would have went to the trouble if I wanted to pinch someones pic, especially to promote my own business.
Anyway, I am not so sure just because an image is on the web or comes up on google images makes them open slather for anyone to use for any reason. Of course I am not sure of this but at a guess Id suggest there may be some sort of rules around in regards to it.
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I understand that but it still would have been the polite thing to do. I would have went to the trouble if I wanted to pinch someones pic, especially to promote my own business.
Yep, not disagreeing with you. Courtesy if using for commercial purposes but a PITA nonetheless and most people wouldn't be bothered.
Anyway, I am not so sure just because an image is on the web or comes up on google images makes them open slather for anyone to use for any reason. Of course I am not sure of this but at a guess Id suggest there may be some sort of rules around in regards to it.
I've always been told that if you post on the web, you lose any rights to ownership, be it words or images but happy to be proven wrong with some hard facts.
KB
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A search revealed:
"Copyright on the web seems to be a difficult concept for some people to understand. But it's really simple: If you did not write or create the article, graphic, or data that you found, then you need permission from the owner before you can copy it. Remember, when you use someone's graphic, HTML, or text without permission, you are stealing, and they can take action against you."
And
"When is Copying Something an Infringement?
The most common types of copyright infringement on the web are images being used on web sites other than the owners. It doesn't matter if you copy the image to your web server or point to it on their web server. If you use an image on your web site that you didn't create, you must get permission from the owner. It is also common for the text, HTML, and script elements of a page to be taken and reused. If you have not gotten permission, you have violated the owner's copyright.
Many companies take this type of infringement very seriously. About, for instance, has a legal team that handles copyright infringement, and the Fox TV network is very diligent in searching out fan sites that use their images and music and will demand that the copyrighted material be removed."
General it seems the default assumed if not shown is anything posted on the web is copyrighted unless specifically indicated otherwise.
You can remove any copy right you have to a picture for instances but apparently this is not easy to do so anyone intending to reuse your picture should check the copyright status before use.
So it would seem they should not be using it without your permission.
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Got a link Leigh? Not doubting it but would like to confirm the validity of what you posted. Anybody can post anything on the web but it doesn't mean it is correct.
The most common types of copyright infringement on the web are images being used on web sites other than the owners. It doesn't matter if you copy the image to your web server or point to it on their web server. If you use an image on your web site that you didn't create, you must get permission from the owner.
Playing the devil's advocate, how the heck does Google Images get away with posting all the images that they do? They sure as hell don't asked everybody's permission so what's the go there?
KB
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Got a link Leigh? Not doubting it but would like to confirm the validity of what you posted. Anybody can post anything on the web but it doesn't mean it is correct.
Playing the devil's advocate, how the heck does Google Images get away with posting all the images that they do? They sure as hell don't asked everybody's permission so what's the go there?
KB
Technically they are only displaying the image at its original source ;)
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I am not trying to make a big deal of the whole thing. It's not like I trying extort money off him, its just that he is using my pic to try and sell his CT. At the end of the day this CT may have come from the. Same factory in China but it didn't come from his sales yard.
I just can't understand why they used my pic. Everyone owns a phone with a camera these days. If you are in the market of selling CT's would mean that you have access to them whenever you want.
You could take a much better pic than i ever could, especially for a website.
Surely it would be easier to take your own photo rather than search for one on the web.
Just saying
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Technically they are only displaying the image at its original source ;)
Directing to another's link is also copyright infringement it seems if you don't have their permission.
See:
http://www.smashingmagazine.com/2011/06/14/understanding-copyright-and-licenses/#what-is-public-domain (http://www.smashingmagazine.com/2011/06/14/understanding-copyright-and-licenses/#what-is-public-domain)
http://webdesign.about.com/od/copyright/a/aa081700a.htm (http://webdesign.about.com/od/copyright/a/aa081700a.htm)
I'm not a copyright lawyer so this may all be crap, but I know my son who does web design / creates websites etc never links to other sites or uses content without the owners express permission.
I suppose the bottom line is do you have the resources to take them to court if they refuse to take it down?
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Lol I'm sure your safe!
I used to sell a certain line of products online but I was grey importing them so the local distributors kicked up a stink and rightly so.
The big multi national who's products I was selling got their legal team onto me for using their logos. My argument was that I got the logos from a google search.
As it turned out I was wrong. Google is only compiling the images for ease of a search, they are still at there original location and supposedly technically not hot linked. I don't know the ins and outs of it but google are safe.
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maybe send them an email and ask what the deal is.........
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Thanks for the replies Leigh and Danny. I've personally learnt a lot today. Obviously what I have been told for quiet some time is not totally correct. A couple of USA links as I don't have the time to keep searching for Aussie links.
http://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/ (http://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/)
http://www.jdsupra.com/legalnews/the-law-of-using-images-from-the-web-on-83653/ (http://www.jdsupra.com/legalnews/the-law-of-using-images-from-the-web-on-83653/)
KB
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(http://i895.photobucket.com/albums/ac155/muzza01/Camper%20Trailer/DSCN1105_zps52c59a2d.jpg)
I think the real question here is how on earth do you get your grass so green?
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I think the real question here is how on earth do you get your grass so green?
That's probably more worthy of a discussion ;)
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That's probably more worthy of a discussion ;)
It looks like deep green shag pile carpet. I'm really impressed.
No weeds or dead spots or nothing!
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It looks like deep green shag pile carpet. I'm really impressed.
No weeds or dead spots or nothing!
I'm certain it's a google image superimposed
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How? If the the photo was on Google Images, how would they have found a contact to use?
KB
Google images has a link to the website where the image is from.
Sent from my iPad using Tapatalk
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Google images has a link to the website where the image is from.
Keep reading :D
KB
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Nice kitchen by the way ;)
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I think the real question here is how on earth do you get your grass so green?
Getting 2 meters of rain per year has its benefits. ;D
We have had 240mm so far for 2014 and the wet season really hasn't started yet.
It can brown off in Nov, Dec.
Back carpet
(http://i895.photobucket.com/albums/ac155/muzza01/myperspicsback_zpscdc9ac92.jpg)
Front carpet
(http://i895.photobucket.com/albums/ac155/muzza01/myperspicsfront_zps8e4af357.jpg)
Hopefully no shag carpet sellers will use these pics on their website ;D
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wish I could be ****ed keeping a garden looking like that.
If anyone needs hints and tips on growing weeds, I could hold a school for growing in my front and back yard
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I am sure that if you use one of their pictures, you get their lawyer on the phone or a letter in the mail telling you to come to court.
It seems it is a one way (their way).
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B@#tard!
Wish I had those views!!!!
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I suppose the bottom line is do you have the resources to take them to court if they refuse to take it down?
This is the final decider I guess, if you can afford to.
It is unprofessional, lazy & rude of them to steal muzza's images instead of taking their own. That would turn me off dealing with them.
I had a local real estate use one of my images on their home page. Looking at the inferior quality, it was a screen dump - probably from my smugmug gallery, which I keep public so as to share in forums like this.
As the web design was all part of their dealings with realestate.com, I sent both the local office and the realestate.com head office an invoice and said that they were welcome to use a full resolution version of my image ...for a reasonable yearly cost (I quoted around $300-400/year from memory) , or remove it before I looked at legal action.
Both denied all knowledge, & waxed lyrical about how they value people's rights and would never do such a thing...and said the web designer made a mistake. Anyway they took the image down fairly promptly.
But in reality, I didn't have the cash to engage legal proceedings, so could never had followed it through.
You often need to call their bluff.
...I'd forgotten grass also comes in green....Looks like a top spot to live indeed
:cheers:
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One advantage with brown grass - you don't have to mow it every week - I get away with every 3rd week or so
Jason
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Do you know the copyright legalities of the site where you have the image originally hosted? You read the t&cs and confirmed you hold all copyright for your images or have you reneged those rights when you just clicked the I agree button
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Do you know the copyright legalities of the site where you have the image originally hosted? You read the t&cs and confirmed you hold all copyright for your images or have you reneged those rights when you just clicked the I agree button
You are probably right. Photobucket was the host and I have probably waived my rights with the click of a button.
Even so, like I said earlier, surely he has the opportunity to take better pics than mine.
I better amend some pics on photobucket. What if some modelling agentcy is looking to decorate their website and is looking for pics. Especially if they are looking for pics of a sexy, middle aged gentleman. They could steal pics of me and use them without my permission. :-*
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You are probably right. Photobucket was the host and I have probably waived my rights with the click of a button.
Even so, like I said earlier, surely he has the opportunity to take better pics than mine.
I better amend some pics on photobucket. What if some modelling agentcy is looking to decorate their website and is looking for pics. Especially if they are looking for pics of a sexy, middle aged gentleman. They could steal pics of me and use them without my permission. :-*
:worthles:
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for pics of a sexy, middle aged gentleman. They could steal pics of me and use them without my permission. :-*
No mirrors in your house? ;D ;D ;D
KB
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Ya wanna be careful Home and Garden don't use ya grass pics now. ;D
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(http://i895.photobucket.com/albums/ac155/muzza01/Mobile%20Uploads/DSCN2156_zpsaf9a2af5.jpg)
OK, here is a pic. Please don't share or send to any modelling agencies. i really dont need the work ATM.
I might have been slightly over-exaggerating about my good looks. I normally look better but had been bush for two weeks and hadn't had a chance to put on any makeup, where my speedos or get my hair permed :-*
At least the mangrove jack looks good. Caught him up in Cape Melville two years ago.
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Hi Muzza,
Great looking campsite you have out the front, Palm Trees with mountain views, unfortunately it a little far from Sydney. :laugh:
Cheers
Big G
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Hi Muzza,
Great looking campsite you have out the front, Palm Trees with mountain views, unfortunately it a little far from Sydney. :laugh:
Cheers
Big G
I could fit 20 my swag members there for this years Cape Trip. ;D
Mark
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(http://i895.photobucket.com/albums/ac155/muzza01/Mobile%20Uploads/DSCN2156_zpsaf9a2af5.jpg)
OK, here is a pic. Please don't share or send to any modelling agencies. i really dont need the work ATM.
I might have been slightly over-exaggerating about my good looks. I normally look better but had been bush for two weeks and hadn't had a chance to put on any makeup, where my speedos or get my hair permed :-*
At least the mangrove jack looks good. Caught him up in Cape Melville two years ago.
Hey Muzz, looks like something ugly has it's hand around you!
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Hope you threw it back :D :D
KB
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pretty lazy effort on the companies behalf ,but wow your from lawn Muzza would make for a great myswag gathering ;D
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but wow your from lawn Muzza would make for a great myswag gathering ;D
You reckon he'd have a problem with open fires on the ground?
They can't go any where.
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I'll be driving past there on Tuesday I think Muzza, may pop in for a look see hay.....
My lawn in Edge Hill was nice like that to, miss the twice weekly mowing session.
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I could fit 20 my swag members there for this years Cape Trip. ;D
Mark
Well, that is a possibility. Could have a party here when everyone comes up for the Cape Trip.
I was going to have an FNQ MySwag Christmas Party campover last year but we ended up all going up to Woodleigh Station for the Myswag Xmas catchup.
We have a great spot to cool off and have a few :cheers:
as we have a bar down at the pool.
(http://i895.photobucket.com/albums/ac155/muzza01/home/DSCN0681_zps2470b171.jpg)
(http://i895.photobucket.com/albums/ac155/muzza01/home/DSCN0942_zps44507a05.jpg)
(http://i895.photobucket.com/albums/ac155/muzza01/home/myperspics641_zpsd54b2079.jpg)
(http://i895.photobucket.com/albums/ac155/muzza01/home/myperspics644_zps1bd81a24.jpg)
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That looks dangerous. :cheers:
Mark
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Ummmm, Have to tell ya, wrong flag mate.
Flammin Stralia Day cming up ya know.....
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Ummmm, Have to tell ya, wrong flag mate.
Flammin Stralia Day cming up ya know.....
Yeah, not really patriotic coming up to Australia Day is it?
I got that flag over in Qatar in 2003 during the Iraq war. My C130 crew all signed the flag and we took it on every flight for good luck so it has a bit of sentimental value. I wish I had an OZ flag with me at that time but only had the USA one.
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They should have asked, it is pretty rude really.
i recall some one placing a photo of me on another forum without permission -
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Holy crap Muzza, you live at a resort. What's the room rate for mates?
KB
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Its hosted by a mob called siteground, they are US based by the looks of things although the website are on a singapore server. My suggestion is send a dmca take down notice, send to the website contact and to siteground in the US.
May work, it may not.
Regards,
Chris
Hi guys,
Asking advice from other swaggers that have experienced something like this.
I have noticed that Broadwater campers are using a photo of my CT on their website.
The fourth photo down in this link is a pic of the slide out kitchen on my CT attached to my Cruza in my backyard.
http://www.broadwatercampers.com.au/index.php/new-campers/hard-floor-bct-04e/hard-floor-bct-04e.html#.UuGZXRHXeSM (http://www.broadwatercampers.com.au/index.php/new-campers/hard-floor-bct-04e/hard-floor-bct-04e.html#.UuGZXRHXeSM)
I didn't purchase my CT from this company. I can't understand why they we need to use my pic. Can't they just take one of their own.
They could have copied it from "my CT" thread, not sure.
I just tried to call them but they are not answering the phone.
Here is the original pic
(http://i895.photobucket.com/albums/ac155/muzza01/Camper%20Trailer/DSCN1105_zps52c59a2d.jpg)
Sent from my GT-P7510 using Tapatalk
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Holy crap Muzza, you live at a resort. What's the room rate for mates?
KB
Your always welcome KB :cheers:
Its hosted by a mob called siteground, they are US based by the looks of things although the website are on a singapore server. My suggestion is send a dmca take down notice, send to the website contact and to siteground in the US.
May work, it may not.
Regards,
Chris
Thanks CBRK. WTF is a dmca?
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Hi Muzza,
The DMCA is the digital milliennium copyright act (USA Federal Law), it provides the ability to lay claim to copyrighted material and be able to demand the removal from websites. The method is to use a DMCA take down notice, they have x time to respond. You can send it to the website owner and their hosting company, because it's a US based hosting company they will typically follow it as the act does have consequences for hosting sites that refuse to comply (whole sites have been taken down by the hosting provider because the website owner refused to comply).
If you have ever noticed a youtube video saying that the copyright holder put an objection in, they typically do it with a DMCA take down notice.
Some useful reading if your bored: http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act (http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act)
If it was hosted in Aus then you'd have less chance of them listening to it.
Like I said, it may work, it may not. Just be sure to have proof that you are the copyright holder.
I personally think it's poor form on their part to steal the photo, I agree it's not like they couldnt spend some time on a photo shoot to sell their own product.
On further checking it appears it is hosted in the US, so you stand an even better chance of a DMCA take down notice being obeyed.
Server Data
Server Type:Apache
IP Address:119.81.15.196
Server:whois.ausregistry.net.au
ASN:United States AS36351 SOFTLAYER - SoftLayer Technologies Inc. (registered Dec 12, 2005) IP Location:United States - Texas - Dallas - Softlayer Dutch Holdings B.v.
Response Code:200
Domain Status:Registered And Active Website
Regards,
Chris
Your always welcome KB :cheers:
Thanks CBRK. WTF is a dmca?
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Hi Muzza,
Forgot to add here is a sample DMCA take down notice you can use:
http://www.epicorg.com/sample-dmca-take-down-notice.html (http://www.epicorg.com/sample-dmca-take-down-notice.html)
Regards,
Chris
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i recall some one placing a photo of me on another forum without permission -
You were naked so thats ok
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Spoke to the CT Company today. They were unsure how my photo ended up on their website. They said no worries and will remove the pic. Can't ask for more than that.
Happy trails.
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Spoke to the CT Company today. They were unsure how my photo ended up on their website. They said no worries and will remove the pic. Can't ask for more than that.
Happy trails.
LOL the pic must have slipped and landed on their page ;)
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Probably a bit late now that it's gone....Some time back ebay sellers were copying/stealing images from old listings hosted on photobucket.
It got the thief's attention when the original owner changed the photobucket image to an adult s@x toy which in turn changed the image on the theif's ad...
That camper trailer image just turned into a 6 speed purple tickler with attachments.... ;D (batteries not included :angel:)
Tim
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Exactly,water restrictions here,no green grass.