Years ago, I modified - okay, hacked - a very popular open source image editor, gave it a name and released it to the world. For the same amount of time, there has been a shady, profiteering copy-cat website taking credit. What are my rights?
In 2006, I rearranged the popular open source GIMP
graphics editor to work and act more like Photoshop. It was mostly just renaming and rearranging menu commands and bundling in Photoshop-like filters. You may or may not be surprised how much work actually went into it (I honestly don't know how to code). Call it a labor of love.
I released it as Gimpshop
in hopes of giving people a viable, free Photoshop alternative. I also ruffled some feathers, mainly GIMP's core developers, but that's another story.
Not more than a few days after the OS X version was released and spread virally, someone who isn't me
bought "Gimpshop.com", put up a site with hot-links to the files on my site and began advertising - LOTS
of advertising. Soon, there were donate buttons, my name in the site's title and much more - making it look
like my website.
I asked that the owner stop hot-linking my files (and draining my bandwidth), so he hosted them somewhere else. I questioned his motives and he said he was just a fan and that the site was a "fan-site".
It has been five years, the software has stagnated (due in no small part to my becoming discouraged by this one profiteer who trumped me, stole much of my traffic and bumped my site down to the second result when you search for "Gimpshop"). I assumed the guy would just give it up as I sadly let the project stagnate, but that hasn't happened.
Now, I'm finally feeling it's time to release a new working version of Gimpshop for OS X Snow Leopard along with the source. Do I have any grounds for taking the Gimpshop.com domain or preventing this guy from profiting from my name and work?
Thanks in advance and no, you are not my lawyer