[sumo] Mark Buckton is attacking Le Monde du Sumo !!!

[Nicolas Schuler]

Hello to you, sumo fans from all around the world.

I don't post very often on this list.
In fact, I only come once a month, to let you know that a new issue of 
Le Monde du Sumo or Le Petit Banzuke Illustre is online.

But today, things are going weird, and I MUST know what you all think 
about this : Mark Buckton and SFM are accusing us of bringing a bad 
image on sumo and the Nihon Sumo Kyokai, because we gather information 
and photos on the internet, compile them and offer them for FREE to 
people who couldn't access these info elsewise.

This issue started at the beginning of this week, when him and Ms Klein 
contacted me, to let me know that we had been using a picture on which 
Ms Klein has a copyright, asking for removal and apologies.
Which I did to Ms Klein, sending a copy to Mr Buckton.
(you can check, there's now a red disclaimer on page 28 of MDS#18)

It is true that we never asked newspaper websites and the like that we 
were "borrowing" pictures from them. But we never ever made any single 
euro on this ! Our only purpose is to provide non-japanese people with 
information concerning our common passion : sumo.
And we always asked "private" people for permission to use some of their 
photos when we wanted some.

But now, Mr Buckton is trying to make us cease all activity, pretending 
that we are doing bad things for sumo's image, and for the press' image.

Do you all think the same ?
PLEASE, let me know what you think, privately or on this list, even if 
you do think like him : if it were to be the case, we would stop 
everything right now.

Thank you very much in advance.

Nicolas
from Le Monde du Sumo
(www.lemondedusumo.com)


I join a copy of the emails that we sent to each other since last 
monday... that's completely astonishing !

****
[first message, received on oct 30th]
Nicolas,

It has disappointed me to discover today your continued use of others' 
sumo related images and photos on Le Monde du Sumo. This regrettable 
trait though, has now extended to your use of a photo taken by and whose 
copyright is owned by SFM's Editor - Ms. Barbara Ann Klein.

The photo in question is of the Hungarian rikishi Masutoo standing in 
the corridor at the Ryogoku Kokugikan and has, I understand been used at 
least three times - including in the most recent October, 2006 issue of 
the site you own / run. Please note that the issues using this 
photograph have been downloaded as hard proof of this usage.

I can only imagine this 'theft' - for that is what it is to take and use 
the property of another without permission - was achieved intentionally 
for the same said picture was offered by Ms. Klein for use on a website 
centering on expat Hungarians (and accompanying an article offered by 
myself). 

Given that LMDS is a privately run online source and not a chat board / 
forum etc. I thus expect your full and immediate attention on this issue 
and further expect a full apology in a size equivalent to that of the 
photograph on your current issue. I anticipate this apology to actually 
replace the photograph and for you to remove the same image each time it 
has appeared. I also advise you to apologise to the SFM Editor privately 
- her contact information can be found on the SFM page.

Be advised that this is the only cease and desist notice you will 
receive from SFM as we have tried to address the issue of image / photo 
theft in the past and the discredit you and LMDS do foreign nationals 
trying to operate professionally and above board in bringing sumo to the 
non-Japanese reading masses. Unfortunately you have continued along the 
same vein of operation.

Any further correspondence, should an apology not be forthcoming, will 
be issued based on the advice of the French Embassy in Tokyo, the 
relevant French authorities specialising in Internet theft / crime and 
if need be, similar authorities at the European Union level via the EU 
office here in Japan.

Finally, the above notwithstanding, I shall also be advising the staff 
at New Hungarian Voice of your action and any action they deem fit to 
take will be in addition to and independent of our own resolution or 
otherwise.

Mark Buckton
Editor-in-Chief
Sumo Fan Magazine
www.sumofanmag.com

****
[reply sent by me to Ms Klein, on nov 1st]
Dear Ms Klein,

please excuse the delay of this message, as I have been away for 
business since oct 29th.
The following message contains apologies for the unasked use of a 
photography, for which you own the copyright. The picture (of rikishi 
Masutoo) will soon be removed from all our issues, and replaced by an 
apology. Please only allow me a few days to do it, but I promise you it 
will be done soon.

Anyway, given the importance of this message, I want to be sure not to 
be misunderstood, and as English is not my native language, I will write 
the following in French.
-----
Je vous prie, Madame Klein, d'accepter des excuses, en mon nom propre et 
au nom du magazine "Le Monde du Sumo", parution gratuite et sans aucun 
but commercial, pour l'utilisation d'une photographie dont vous détenez 
les droits de diffusion.

Nous sommes désolés du tort qu'une telle utilisation a pu vous causer, 
car nous n'avons jamais, en aucun cas, pensé à vous nuire, 
personnellement ou à toute organisation à laquelle vous pourriez 
appartenir.

La photographie en question sera retirée sous peu de nos numéros 
accessibles sur Internet, et remplacée par un message d'excuses, comme 
l'a souhaité Monsieur Buckton.

Dans l'espoir que vous ne garderez pas rancune de cet incident, je vous 
prie de recevoir, Madame Klein, mes cordiales salutations.

Nicolas Schuler

***
[email received today, nov 3rd]
Hello Nicolas,

I am really pleased that this issue has been concluded satisfactorily 
with regard to the picture of Masutoo but as I know you will agree in 
your heart, the usage of images from other sumo sources - unrequested 
and without permission - remains a problem.

As a person working in and for Japanese newspapers and magazines I stand 
to be affected personally in what is my 'day' job as well as via Sumo 
Fan Magazine.

To that end, I will now be actively addressing this problem of image / 
photo usage to proactively defend myself and SFM from association with 
your magazine as sumo is a hard enough world to enter at the best of 
times without the obstacle of some foreigners making it more difficult 
by methods that reflect badly on all other non-Japanese.

SFM under my control or publications contributed to by non-Japanese, 
myself included on many many occasions annually, only stand to suffer 
should an agency as powerful as the Nihon Sumo Kyokai take a dim look at 
'foreigners' such as Le Monde du Sumo (and for many we are all one and 
the same) operating illegally and in an underhand manner by stealing 
images from across the Internet.

You are more than welcome to contact me so we can try and find a way to 
resolve this matter as this is a course I would more than welcome but I 
will advise you that due to your ignoring my own mail earlier this week 
and only choosing to answer that of Ms. Klein, the head of the legal 
affairs department of the French Embassy in Tokyo was made aware of the 
problem and has offered advice accordingly. Where that advice now goes 
is up to you.

At the end of the day please do remember you are operating in an illegal 
manner, you are only repentant over the Masutoo image as you have 'been 
caught' and are still working in a manner which could well damage my own 
day job as well as the existence of SFM.

Were I to operate in a similarly illegal manner in (your own stated: 
http://www.lemondedusumo.com/english/MDS7_team.html) field of 
engineering as an unpaid amateur and thereby put your own (paid) 
employment at risk I do not feel you would be overly impressed.

Let's work on this.

Mark Buckton
Tokyo