Texas SOT

Copyrights, be aware of them.

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  • nalioth

    Active Member
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    0   0   0
    Oct 13, 2008
    866
    21
    Houston Metro
    Re: Copywrites, be aware of them.

    To explain it further:

    Righthaven find someone enjoying their rights of fair use and contacts the webmaster where they found this occuring.
    Righthaven says to the webmaster: "Hey bub, we're going to sue you into oblivion under the DMCA" (even though Righthaven isn't following the DMCA law themselves) "and if you want to avoid a costly and lengthy court battle, you can pay us a "fine" of $5000 and/or sign over your domain to us."

    The above is nothing more than extortion, hidden in a thin veneer of "legality".

    Every Righthaven case that has actually made it in front of a judge has been dismissed, sometimes with prejudice.

    This is why they've stopped suing - because they're unable to make any money at it.

    The DMCA requires copyright holders send a "takedown notice" to the webmaster of the site where the copyright violation is found - Righthaven has never done so - they just get to the extortin'.

    Legally speaking, community-driven websites (such as TGT) are not responsible for the content any of it's users post, either (but this didn't stop Righthaven from approaching and shaking down many other forums)
     

    Ric_Knight

    Member
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    0   0   0
    Oct 12, 2009
    52
    1
    San Marcos
    Re: Copywrites, be aware of them.

    1911,

    Thank you for posting this, its important information to have.

    So that you don't think I am making things up let me give you a little background before I continue. I am about to finish a BFA in Communication Design and start on an MA in Mass Communications/New Media. I spent a year working for the campus radio station, KTSW, as webmaster so I have had access to professors who know about copyright issues. Here is what I know.

    Fair use in New Media, which a forum is one example of, is sketchy at best and most cases is non-existent. Some groups, like these Righthaven people, take advantage of the lack of precedent in relationship to new media with these law suites. They are testing the boundaries and making what they can, while they can, while these issues are worked out.

    Using other media as precedent, which is what the courts will do, there is not number of lines of text, seconds of audio or video or any other "safe" portion of any medium that can be used without permission. This includes linking to an article on another site. If these people hold the rights to the material then they are able to set whatever use policy they want, just as 1911, Sig and the rest of the staff here can.

    I am also a publisher myself with Ready Blog up and running and Ready Magazine in the works, so I get the desire to protect intellectual property and I don't hold it against another publisher doing that, but Righthaven is ridiculous. And though ridiculous, they are within their rights so cover your butt and stay away from their property.

    Incidentally, Permission is here by given for anyone to link to or quote from Ready that they find of value as long as there is a link back.

    Ric.
     

    nalioth

    Active Member
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    Oct 13, 2008
    866
    21
    Houston Metro
    Re: Copywrites, be aware of them.

    <snip> but Righthaven is ridiculous. And though ridiculous, they are within their rights so cover your butt and stay away from their property.
    Righthaven is not ridiculous, Righthaven is acting illegally.

    They do not own the copyright to anything they initiate these proceedings over. Their staff finds something that appeared in one of their associates media, and then they buy the copyright from the owner explicitly for the purpose of filing a suit. This is illegal.

    As mentioned, they do not follow the DMCA laws regarding the request for removal of copyrighted material (if you don't follow the law yourself, you aren't protected by it).

    The Righthaven group are simple extortionists.

    This all falls back to the "evil internet" and newspapers not making any morey any more. Righthaven's behavior is supposed to provide "alternative revenue" for these media companies (and their filthy lawyers).
     

    Rum Runner

    Well-Known
    Rating - 100%
    2   0   0
    Mar 21, 2010
    2,138
    21
    Plano
    Re: Copywrites, be aware of them.

    Just an FYI, http://www.gettyimages.com/ is pulling similar bullshit. They are buying stock image companies so that they own the rights to the photos then crawling the web to find those images and sending a legal nasty-gram saying they think you are using one of their images illegaly and pay them $11,000 or provide proof that you are using it legally.

    Yeah, ok as if the guy who built my website back in 1993 is even in business anymore. How would I know if he had paid for the image much less provide proof?

    So, we took the image down and told them to shove the $11,000. We will see how it works out.
     

    ROGER4314

    Been Called "Flash" Since I Was A Kid!
    Rating - 100%
    1   0   0
    Jul 11, 2009
    10,444
    66
    East Houston
    Re: Copywrites, be aware of them.

    OK....I'm kind of lost here. Can we have a summary of what to do and what NOT to do?

    Thanks!

    Flash
     

    TheDan

    deplorable malcontent scofflaw
    Rating - 100%
    8   0   0
    Nov 11, 2008
    27,832
    96
    Austin - Rockdale
    Re: Copywrites, be aware of them.

    Righthaven find someone enjoying their rights of fair use and contacts the webmaster where they found this occuring.
    Righthaven says to the webmaster: "Hey bub, we're going to sue you into oblivion under the DMCA" (even though Righthaven isn't following the DMCA law themselves) "and if you want to avoid a costly and lengthy court battle, you can pay us a "fine" of $5000 and/or sign over your domain to us."
    Unfortunately this has gotten pretty popular. In the vast majority of cases, the entities that do this are just looking for a quick buck by scaring someone. They usualy don't even bother suing because that opens them up to a counter suit. Righthaven seems to be new to this "game" and is just now figuring out they can't keep making frivolous law suits. I'm sure they will continue their bullying of trying to get "fines" out of people.



    This includes linking to an article on another site.
    This is asinine. It would be like Walmart suing someone for writing down the address to one of their stores. We shouldn't link to any of the content anyways just for the fact it would benefit them by generating traffic.
     

    TheDan

    deplorable malcontent scofflaw
    Rating - 100%
    8   0   0
    Nov 11, 2008
    27,832
    96
    Austin - Rockdale
    Re: Copywrites, be aware of them.

    OK....I'm kind of lost here. Can we have a summary of what to do and what NOT to do?
    Don't don't post images or links from the sites below. I would avoid them altogether because any traffic they get benefits them.
    MediaNews Group

    * Alameda Times-Star
    * Enterprise-Record
    * Times-Standard
    * Argus
    * The Daily Review
    * Lake County Record-Bee
    * Press-Telegram
    * The Monterey County Herald
    * Marin Independent Journal
    * Oakland Tribune
    * Inland Valley Daily Bulletin
    * Oroville Mercury-Register
    * Pasadena Star-News
    * Tri-Valley Herald
    * Red Bluff Daily News
    * Redlands Daily Facts
    * The Sun
    * San Jose Mercury News
    * San Mateo County Times
    * Santa Cruz Sentinel
    * Daily Breeze
    * The Ukiah Daily Journal
    * The Reporter
    * Times-Herald
    * Contra Costa Times
    * San Gabriel Valley Tribune
    * Whittier Daily News
    * Daily Democrat
    * Daily News
    * Daily Camera
    * The Denver Post
    * Fort Morgan Times
    * Journal-Advocate
    * Sentinel & Enterprise
    * The Sun
    * North Adams Transcript
    * The Berkshire Eagle
    * The Detroit News
    * St. Paul Pioneer Press
    * Alamogordo Daily News
    * Carlsbad Current-Argus
    * The Deming Headlight
    * The Daily Times
    * Las Cruces Sun-News
    * Public Opinion
    * The Evening Sun
    * Lebanon Daily News
    * The York Dispatch
    * York Daily Record - York Sunday News
    * El Paso Times
    * The Salt Lake Tribune
    * Bennington Banner
    * Brattleboro Reformer
    * Charleston Daily Mail

    WEHCO Media

    * WECHO Media
    * Arkansas Democrat-Gazette
    * Banner News
    * Benton County Daily Record
    * California Democrat
    * Camden News
    * Chattanooga Times Free Press
    * El Dorado News-Times
    * Fulton Sun
    * News Tribune
    * NW Arkansas Democrat-Gazette
    * NW Arkansas Times
    * Rogers Morning News
    * Springdale Morning News
    * Texarkana Gazette
    * The Sentinel-Record

    Stephens Media

    * Southwest Times Record
    * Pine Bluff Commercial
    * North Little Rock Times
    * Press Argus Courier
    * Jacksonville Patriot
    * Sherwood Voice
    * Maumelle Monitor
    * Cabot Star-Herald
    * Lonoke Democrat
    * Carlisle Independent
    * Hot Springs Village Voice
    * Van Buren County Democrat
    * Booneville Democrat
    * Charleston Express
    * Greenwood Democrat
    * Paris Express
    * White Hall Progress
    * Lincoln Leader
    * Farmington Post
    * Prairie Grove Enterprise
    * Hawaii Tribune-Herald
    * West Hawaii Today
    * Big Island Weekly
    * North Hawaii News
    * Las Vegas Review-Journal
    * Las Vegas CityLife
    * El Tiempo
    * Las Vegas Business Press
    * Boulder City Review
    * Ely Times, Ely
    * Rebel Nation
    * Pahrump Valley Times
    * Eureka Sentinal
    * Tonopah Times-Bonanza
    * Courier-Tribune
    * The Herald Democrat
    * Bartlesville Examiner-Enterprise
    * Pawhuska Journal-Capital
    * Anna-Melissa Tribune
    * Grayson County Shopper
    * Prosper Press, Prosper
    * Van Alstyne Leader
    * Lake Texoma Life
    * The Daily Herald
    * The Advertiser News
    * The Value Guide
    * Franklin Life
    * Brentwood Life
    * Healthy Living
    * The Daily World
    * The Vidette
    * The North Coast News
    * The South Beach Bulletin
    * East County News
     

    nalioth

    Active Member
    Rating - 0%
    0   0   0
    Oct 13, 2008
    866
    21
    Houston Metro
    Re: Copywrites, be aware of them.

    Don't don't post images or links from the sites below. I would avoid them altogether because any traffic they get benefits them.

    Not quite.

    The images hosted on those sites may or may not be owned by the hosting site (the Associated Press provides many pix for newspapers to use), and as such, may be reusable (you'd have to look at the image owner's policies). Of course if any photogs actually employed by those papers took the picture, sure, don't use it.

    What Righthaven was looking at was when folks quoted parts of any articles from its "partner" papers. Quoting the whole article? Sure, that's a flagrant copyright violation.

    Righthaven shaking folks down for posting a few lines? Plain extortion.
     

    nalioth

    Active Member
    Rating - 0%
    0   0   0
    Oct 13, 2008
    866
    21
    Houston Metro
    Re: Copywrites, be aware of them.

    WELL that mess up o well I guess we will have to live with it then

    We've been "having to live with it" since . . . forever (for all intents and purposes).

    Copyright law has existed since at least the 1700s.


    This behavior that Texas1911 has posted about has nothing to do with copyright and is illegal.
     

    Partychief67

    Member
    Rating - 0%
    0   0   0
    Dec 6, 2009
    147
    1
    Fannin County, Texas
    Re: Copywrites, be aware of them.

    Don't don't post images or links from the sites below. I would avoid them altogether because any traffic they get benefits them.

    * Anna-Melissa Tribune
    * Grayson County Shopper
    * Prosper Press, Prosper
    * Van Alstyne Leader
    * Lake Texoma Life
    * The Daily Herald
    * The Herald Democrat

    This is pure B.S., My mom lives in Anna and subscribes to the Anna Melissa Tribune and the Sherman Herald Democrat and she gets the Grayson County Shopper in the mail. I'm gonna get her to write her own nastygram to Anna-Melissa Tribune and the Democrat and tell them to stuff it where the sun don't shine... She will do it too. She's a school teacher and a published writer so she has some background in this, she won't appreciate it at all...
     

    Ric_Knight

    Member
    Rating - 0%
    0   0   0
    Oct 12, 2009
    52
    1
    San Marcos
    Re: Copywrites, be aware of them.

    Righthaven is not ridiculous, Righthaven is acting illegally.

    They do not own the copyright to anything they initiate these proceedings over. Their staff finds something that appeared in one of their associates media, and then they buy the copyright from the owner explicitly for the purpose of filing a suit. This is illegal.

    As mentioned, they do not follow the DMCA laws regarding the request for removal of copyrighted material (if you don't follow the law yourself, you aren't protected by it).

    The Righthaven group are simple extortionists.

    This all falls back to the "evil internet" and newspapers not making any morey any more. Righthaven's behavior is supposed to provide "alternative revenue" for these media companies (and their filthy lawyers).

    First, agree with you on your points.

    I just had a discussion with two professors, including one that teaches Media Law, in the Mass Comm department and the message I got is this. What they are doing is way out deep in the gray area because there is very little case law at this point. Righthaven is using the fact that they can do what they are doing, for the moment, to extort (you are right about this, legal or not) money in the form of out of court settlements.

    I am not fully up to speed on DMCA requirements, but from what I gather they are circumventing the cease and desist requirements of the law. I am not sure how they are, or in fact, can get away with this, but they are. The Media Law prof seemed to think that acquiring copyright for the sole purpose suing was more unethical then illegal, but he is looking into this and I will report any more info that I get from him.

    One more point to keep in mind. Righthaven and other copyright trolls will go after the owners of the site, not the poster, in most cases because they think that this is where the money is. Fortunately, much of the burden is removed from site owners by the DMCA, but we should still watch the backs of the guys running the site.

    Keep in mind that this info comes from short conversations with people who know about these issues. I have not done my Media Law classes yet and am investigating this as well as I can. You could be 100% on the money and we just have not come across the info you have yet, i'll let you know what I hear.

    This is a very new legal area and the case law is being written now. As long as there is gray area, there are going to be unethical groups that will take advantage of it to make money.
     
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