Irvine resigns thread

[WJL]

From Seajay:

...And I don't know of anyone who's been successfully sued for posting a link or forwarding an email or even posting someone else's quoted words to a public forum. That's just hogwash.

Seajay,

I remember a case about 8 or 10 years ago where the owners of one site successfully enjoined another site from linking to their site without permission. If I have time I'll try to find it for you this afternoon.

As for forwarding emails or posting a quote, I can't think of any reported decisions, but that is certainly not dispositive of the legal issue. The economics of the situation generally preclude a lawsuit, but the legal analysis is unaffected. Copyright protection extends to the internet. The internet is included by default, as are all forms of expression which can be perceived by humans. The fact that the internet is not specifically mentioned in the Copyright Act is immaterial.

I recall the hiding you took on this issue on Quest. Your assertion there that there are state copyright laws that pre-empt federal law was a real howler, as was your claim that you are free to copy anything you find anywhere on the net. You really have a confused understanding of internet copyright issues, and you should avoid giving what amounts to incorrect legal advice. Somebody could sue you for malpractice.

 

[DivePartner1]

The laypersons' misconceptions of copyright laws are really scary. I'm almost surprised that no one's justifying their views by reference to the non-mentioning of the internet in the Constitution.

Just from reading Wreck's corrections of public mythology, I'd like to apply for CLE credit. Would you sign my Va. CLE forms?

And by the way, don't any of you have a job, or a life? If I weren't killing time in an airport I'd never have seen this excrutiating time waster (see, CLE credits, above). Sheesh!

 

[Northeastwrecks]

DivePartner1 once bubbled...
The laypersons' misconceptions of copyright laws are really scary. I'm almost surprised that no one's justifying their views by reference to the non-mentioning of the internet in the Constitution.

Does a reference to the First Amendment count?

Just from reading Wreck's corrections of public mythology, I'd like to apply for CLE credit. Would you sign my Va. CLE forms?

Sure. Send 'em on up. I can't remember whether you are in-house or outside. If you are outside, are you anywhere near Virginia Beach?

And by the way, don't any of you have a job, or a life? If I weren't killing time in an airport I'd never have seen this excrutiating time waster (see, CLE credits, above). Sheesh!

I hear you. However, I'm popping in and out while writing a C&D letter and a Markman brief. I need breaks from that just to stay awake.

 

[Steve_S]

Respectfully, debating the merits and or provisions of the DMCA is a separate and distint issue from my original post.

It's either yes or no with respect to your statement of: "5. There is no copyright law on the internet as of yet. "

Your answer?

In all cases I'm the plaintiff and have always accomplished my goals which is to get my content removed permanently.

I will leave the other issues to members Northeastwrecks and Genesis who have a firm grasp of this very serious issue.

I guess that part of this thread relates to postings on Forums and weather this data instantly becomes PD. I appolagize for missing that. Lets be clear in this respect, you clicked the agree button and in my TOS/Rules and I clearly say that I own every single word on the Forums and that I'm free to use this data anyway I wish and that other parties are required to obtain my approval before they use my content/posts. This even includes placing my content inside framesets.

Iv'e caught a few folks at this. In most cases they were using a small sliver of the post and then a link to the Forums. This was fine with me since it represents "fair use" although they did not obtain prior approval but they linked to the complete content.

In another case they stole the entire post and a series of posts and failed to provide a link to my content and pre-approval. Natch I won and the site went off line within 3 hours of the FAX. This was my only goal and most of the major US based hosts have a written procedure for DMCA complaints and comply.

I respect my members and inspite of my terms, I always ask them first even though I don't have to. The majority of my guests/members are also very respectfull and knowledgable and they ask first.

I hope I have provided enough real world stories for you to grasp the implications of the DMCA and exactly how it works in the real world. These are my only goals.

 

[SeaJay]

Northeastwrecks once bubbled...
Well, SeaJay, for a substantial retainer (probably around 20k) and a signed client agreement, I'll be happy to look at it.

...My point exactly.

If you're tired of discussing this, then stop reading and stop posting incorrect information.

Whatever. Call it what you will.

I'm getting busy over here anway. Enjoyed our discussion - sincereley, even if we still don't agree.

WJL once bubbled...

I remember a case about 8 or 10 years ago where the owners of one site successfully enjoined another site from linking to their site without permission. If I have time I'll try to find it for you this afternoon.

I would enjoy reading that. Please share that with me.

I recall the hiding you took on this issue on Quest.

Yeah, I think the proper term is "beating." "Hiding" was my response.

Anyone who's ever been on Quest knows that "my" beating wasn't unusual. It's a pretty rough list.

Your assertion there that there are state copyright laws that pre-empt federal law was a real howler, as was your claim that you are free to copy anything you find anywhere on the net.

Pardon me? I don't think I ever claimed either of those things. That's a pretty serious misquote.

No wonder y'all gave me such a hard time. Is that what you understood me to be saying?

You really have a confused understanding of internet copyright issues, and you should avoid giving what amounts to incorrect legal advice. Somebody could sue you for malpractice.

Call it as you see fit. You are entitled to your opinion. Nobody's produced any case study to back the claim of their version of hypothetical law. Please show me where someone was successfully sued under copyright law for providing a link or forwarding an email.

The rest of our discussion is simply "fluff."

Got things to accomplish... Sorry if I bail for a few hours.

 

[SeaJay]

Steve_S once bubbled...

In all cases I'm the plaintiff and have always accomplished my goals which is to get my content removed permanently.

Right. That was Gen's point, which I agree with... That y'all simply intimidate people into doing something, whether there's a law or not.

Nice.

Some of us aren't intimidated. I recommend the position.

 

[Northeastwrecks]

Steve_S once bubbled...
Respectfully, debating the merits and or provisions of the DMCA is a separate and distint issue from my original post.

It's either yes or no with respect to your statement of: "5. There is no copyright law on the internet as of yet. "

Your answer?

In all cases I'm the plaintiff and have always accomplished my goals which is to get my content removed permanently.

I will leave the other issues to members Northeastwrecks and Genesis who have a firm grasp of this very serious issue.

I guess that part of this thread relates to postings on Forums and weather this data instantly becomes PD. I appolagize for missing that. Lets be clear in this respect, you clicked the agree button and in my TOS/Rules and I clearly say that I own every single word on the Forums and that I'm free to use this data anyway I wish and that other parties are required to obtain my approval before they use my content/posts. This even includes placing my content inside framesets.

Iv'e caught a few folks at this. In most cases they were using a small sliver of the post and then a link to the Forums. This was fine with me since it represents "fair use" although they did not obtain prior approval but they linked to the complete content.

In another case they stole the entire post and a series of posts and failed to provide a link to my content and pre-approval. Natch I won and the site went off line within 3 hours of the FAX. This was my only goal and most of the major US based hosts have a written procedure for DMCA complaints and comply.

I respect my members and inspite of my terms, I always ask them first even though I don't have to. The majority of my guests/members are also very respectfull and knowledgable and they ask first.

I hope I have provided enough real world stories for you to grasp the implications of the DMCA and exactly how it works in the real world. These are my only goals.

In the practical sense, you won. Enough said. I agree with everything you wrote, although I add that the author of a particular post might still have rights in and to that post.

 

[chrpai]

I've noticed in another forum on this board someone cross posted ( with reference ) an article from Rodales.

Is this fair use or copyright infringemet?

 

[Northeastwrecks]

Depends on the way that they did it and the subject matter. Where's the cross-post?

 

[Steve_S]

Hello SeaJay

RE: Your site: http://www.deepsouthdivers.org/

Hosted by and their AUP: http://www.bblabs.net/BBL_AUP.html

This document says and Fair use Exstraction:

"Copyright Infringement - Software Piracy Policy

The Broadband Laboratories network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: NOC, Broadband Laboratories, 1300 S. Park Ave., Tucson, AZ 85713 or by e-mail to noc@bblabs.com.
Broadband Laboratories will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy."

Am I to infer from your last posts that you have not obtained prior approval from the owners of the images posted on your site?

Why did you select a host who obviously respects the DMCA and has procedures in place to comply?

Have you communicated your thoughts on the DMCA to your host?

Thanks in advance for your answers.