I thank Eric, Ben, Sharon et al. for promoting a beneficial discussion
on a point that Tag somehow couldn't find a way to do diplomatically
(imagine that!). While I'll acknowledge that there are legitimate
points raised that counter my posting of those photos, let me first
make a couple of points in my defense:

1. Picasa is a photo sharing website. The underlying purpose of Picasa
is to share multimedia images.
2. The Picasa web album in question is marked "public". There are no
restrictions placed on access to these shared images. I do, however,
wholeheartedly agree with Ben that this does not grant unlicensed use
of the images by the rest of the world. In fact, the Google terms of
service specifically state that the owner of the images retains
copyright, even though Google may display them not only on their own
website but also may grant license to Google's business partners as
3. The photographer and I have a pre-existing relationship. I know
Jonathan. I've skied with Jonathan. Jonathan has even written material
for FTO in the past. You, Tag, are no Jonathan. What was intended to
be a backchannel email was in fact a quick note to a friend letting
him know and confirming that it was OK by him. Based on this I would
have been disappointed had Jonathan denied approval of what I had
done, but I would have understood and abided by his wishes. This was
not a case of grabbing images belonging to a total stranger and using
them without attribution -- this has happened to me, and has happened
to Ben, and is a dramatically different circumstance in my opinion.

#1 combined with #2 & #3 I really believe makes this whole argument
somewhat grey, and not the black-and-white situation that some seem to

4. A small sampling of the images (three, to be precise) was placed
inline in a forum posting with a link to the remainder.
5. Also on the bandwidth issue, Jonathan's partner in fact placed all
of the gallery images inline in a posting on another website:
I bring you back to #1, above.
6. While there is the potential for my inclusion of those three images
to result in commercial gain, in reality you need to understand that
this potential ranges anywhere from $0.00 to, oh, maybe $0.03 and
would have had to result from someone clicking on contextual
advertising on the precise page on which the images appear. Based on a
quick check of the FTO bank account I can assure you that the odds of
this occurring range somewhere between slim and none.

After all of that is said, however, I'll readily admit that I could
and should have done things differently. I was instead blinded by the
fervor to get some legitimate proof to dispel the assertion that it
was "BS" that Windham got what they did. I truly do stand corrected.

Marc Guido, Editor & Publisher
First Tracks!! Online Media
3018 Sequoia Av
Salt Lake City, UT 84109
V: 801.634.5896
V&F: 866-293-9107 (toll-free US & CAN)
Skype: marcguido
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