Thumbgal, if your software rips MY content off from my websites, without compesanting me, or showing my banners and advertising - then indeed I am pretty confident I could make a great legal arguement for unjust enrichment, as well as various copyright issues.
I have not had any of the software ever jack my images, at least none that I have found. ( trust me I have had my guys look on a regular basis) We are very agressive in defending our copyrighted images. Of course we do not have many TGPs or things set up - where most of these type of shady programs jack their content from. But that will be changing....
I just hope one day someone like you jacks a bunch of my content and use it in an inappropriate way. It would be fun to drop the hammer on people who try to profit off of other peoples hard work, effort and investments.
We have been pretty succesful in defending our copyrights, word has gotten out - people avoid stealing our content. We do have one lawsuit going on in Federal Court right now, I am expecting possitive results from it....
Of course the person who stold the content and refused to take it down probably does not have 2 nickels to rub together, but I will still get a verdit against him for mid-6 figures. He will be paying me off for the rest of his life. He is so broke, he cannot even afford an attorney - of course most attorneys will want at least a $50,000 retainer for defending a case in Federal Court.