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1034 |
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Date: August 17, 2010 at 07:27:31
From: inthestars, [DNS_Address]
Subject: FAO Mr Bopp |
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have you seen this thread at glp?
http://www.godlikeproductions.com/forum1/message1146844/pg1
it was posted some time ago but seems important
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Date: August 17, 2010 at 09:27:16
From: mr bopp, [DNS_Address]
Subject: Re: FAO Mr Bopp |
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I'm blocked from glp...there is a regional block on this area...
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1036 |
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Date: August 17, 2010 at 12:28:33
From: Mae, [DNS_Address]
Subject: Re: FAO Mr Bopp |
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I'm sure I'm breaking all the aforementioned laws, LOL but here's the begining text:
GLP has been consulting with 3 separate law firms concerning the recent attacks on internet forums via Attributor Corporation & Righthaven Media...
One in Washington D.C., one in New York City, and one in London U.K...
Attributor Corporation is another matter so I'm just going to address Righthaven in this thread..
This is the culmination of about $20,000 in legal advise..
People around the internet have been perplexed at the actions of Righthaven who has been outright filing lawsuits against hundreds of blogs and forums...
Most webmasters wish to obey copyright laws and the "norm" around the internet has been for people who have a copyright problem to first file a DMCA take down notice giving the webmaster time to remove the infringing material.
Then if the webmaster refuses they can sue them.
In fact we all thought that was a REQUIREMENT and were shocked that these guys are actually suing people with no prior notice at all..
We've been wondering how they can get away with that legally and it turns out an obscure section of the DMCA concerning the "safe harbor" noticing proceeders requires that in order for a website to qualify for "safe harbor" and thus require a copyright complainant to first give the webmaster notice and time to take down the material before suing them, requires (amongst other things) that each website register their contact information with the United States Copyright office..
Godlikeproductions.com has met this requirement and adjusted our disclaimer to reflect this fact.
If you run a blog or a website YOU NEED TO REGISTER YOUR CONTACT INFORMATION with the United States Copyright Office ASAP!
I have made a copy of the form required here:
[link to www.godlikeproductions.com]
You can be your own designated agent, or your company can, it doesn't have to be a law firm.
Make sure you put the actual URL of your website in the "alternative names" you do business as section.
I believe the filing fee for submitting this form to the U.S. Copyright Office is $105, plus an additional $30 if 10 or fewer "additional names" are listed.
You do that along with posting your contact information on your website and people like Righthaven cannot just sue you without prior notice...
This is the loophole they have been using and I want you guys to spread this information to every website you know of so they can do this and protect themselves..
Here is the legal mumbo Jumbo that backs up this claim:
The part of the DMCA that provides a defense for online service providers who have users posting infringing material, does require the website owner to register an agent to receive notification of claimed infringement, if the service provider wants to take advantage of this defense. If this is not done, the usual defenses to copyright infringement (i.e. fair use) are still available.
Text of Copyright Act, §512:
(c) Information Residing on Systems or Networks At Direction of Users.—
(1) In general.— A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—
(A)
(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
(2) Designated agent.— The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:
(A) the name, address, phone number, and electronic mail address of the agent.
(B) other contact information which the Register of Copyrights may deem appropriate.
The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, in both electronic and hard copy formats, and may require payment of a fee by service providers to cover the costs of maintaining the directory.
Disclaimer:
We are not attorneys and we offer this opinion for informational purposes only. Please seek your own legal advice from a qualified professional.
----
also important for anyone currently being sued:
Righthaven was not eligible for statutory damages -- which could have ranged from $750 to $150,000 -- in the lawsuit against NORML because the copyrights allegedly infringed by the group were not registered at the time of the alleged infringement.
The settlement came about as a result of a rare strategic maneuver by Randazza, who filed a court document offering to resolve the case under Rule 68 of the Federal Rules of Civil Procedure. That rule provides for the shifting of litigation costs should a party obtain a judgment less than the settlement offer.
While the tactic resulted in an agreement in this case, it's unclear whether the rule's cost-shifting provisions apply in copyright infringement matters, according to Santa Clara University law professor Eric Goldman.
[link to webcache.googleusercontent.com]
---
Another note to help webmasters protect themselves.
If you want to claim "safe harbor" you need to follow the letter of the law EXACTLY. This means that you MUST list your contact information, including a phone number somewhere publicly on your webpage.
Also you MUST follow a policy of WILL REMOVE anything you get a complaint about. You must publicly state that this is your policy. You cannot say something like "we will decide what to do once we get a DMCA notice" that invalidates your "safe harbor" the law is very clear on this and you MUST REMOVE ANYTHING you get a DMCA complaint about immediately.
If you think the complaint is false or without merit you can file a DMCA counter notice and reinstate the material but you will lose your safe harbor defense if you do. Normal "fair use" / "innocent infringement" defenses still apply if you don't comply with safe harbor procedures though.
But following to the letter all DMCA safe harbor procedures will prevent people like Righthaven from suing you without first giving you notice to take down the material and a chance to comply.
Take a look at our disclaimer at the bottom of the page here for an example of a proper DMCA "safe harbor" disclaimer. You are welcome to copy and use as much of our disclaimer as you like on your own websites.
good luck out there people and stay safe...
---
Also, if you run a single publisher BLOG website as opposed to a user submitted content site like a forum, the best thing you can do to ensure "fair use" on your postings is:
1. limit the amount of the article copy / pasted BY YOU on your website to the relevant portions of the article you wish to discuss and NO MORE THAN 50% of the source material
2. Include your own original commentary / criticism WITH THE POST of the original article on your site. THIS IS VERY IMPORTANT FOR BLOGS ESPECIALLY
3. Provide a link back to the source article
---
There is another issue about "advertising" or generating revenue "directly attributable" to the posting of copyrighted material.
Our lawfirms informs us that on forum type websites where users submit the content that can be anything at all, the advertising revenue generated on such sites would not be considered "directly attributable" to the posting of copyrighted material..
On single publisher blog websites this issue may be a little more complicated but you can help yourselves out by not intentionally placing advertisements directly with the copyrighted articles you post for the purpose of criticism / education.
Place the advertisements off to the side as part of the site itself and you should be O.K. on that front.
---
There is one more VERY IMPORTANT POINT that almost ALL websites have overlooked.
That is the matter of LEGAL JURISDICTION....
Remember the last thing you want is for someone like righthaven to be able to sue you in their own home town where it costs them NOTHING to walk across the street and file piles of legal paperwork against you. Not to mention the judges in their own town might be slightly biased.... (it happens)
You need to make a statement somewhere on your website that states users of your website are operating passively under the Jurisdiction that your company / you are based in.
DO NOT SUBMIT TO JURISDICTION IF YOU ARE SUED... STAND YOUR GROUND FOR YOUR OWN JURISDICTION...
If you do this the people suing you will be forced to hire council in your local jurisdiction (if they are not on the bar in your state) and they will have to actually TRAVEL to where you ARE if it goes to court.
This makes you a much more difficult target for legal bottom feeders...
---
Further, if you own a forum or anything that has user submitted content that might be copyright someone else you need to be very careful about not asserting ownership rights over that content..
You can't go around claiming you hold a copyright on someone else's copyrighted work that was posted on your site for education / criticism... and you damn sure better not be issuing DMCA notices based on theft of copyright...
So make sure your copyright statements reflect the fact that you assert no copyright ownership rights over user submitted content, only your web design, scripts, etc...
I hope this helps other webmasters secure their defense and STAY ONLINE!
Last Edited by ^TrInItY^ on 8/2/2010 at 7:10 PM
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[1037] [1039] [1040] [1041] [1043] [1044] [1045] [1046] [1047] [1048] [1038] |
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1037 |
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Date: August 17, 2010 at 17:38:02
From: mr bopp, [DNS_Address]
Subject: Re: FAO Mr Bopp |
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Responses:
[1039] [1040] [1041] [1043] [1044] [1045] [1046] [1047] [1048] [1038] |
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1039 |
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Date: August 18, 2010 at 03:21:15
From: inthestars, [DNS_Address]
Subject: Re: FAO Mr Bopp |
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this is the message shown every time a user posts there at glp...
Please limit posting of copyrighted material to the relevant portions of the article you wish to discuss and less than 50% of the source material, also please provide a link back to the source and include your original commentary / criticism in your post.
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Responses:
[1040] [1041] [1043] [1044] [1045] [1046] [1047] [1048] |
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Date: August 18, 2010 at 06:12:03
From: Sarah_Az, [DNS_Address]
Subject: Re: FAO Mr Bopp |
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that screws jeffieboy and all the other incessant copy'n'pasters here
At August 18, 2010 at 03:21:15, inthestars wrote:
this is the message shown every time a user posts there at glp...
Please limit posting of copyrighted material to the relevant portions of
the article you wish to discuss and less than 50% of the source
material, also please provide a link back to the source and include your
original commentary / criticism in your post.
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Responses:
[1041] [1043] [1044] [1045] [1046] [1047] [1048] |
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Date: August 18, 2010 at 12:26:46
From: jeffersonzuma, [DNS_Address]
Subject: Re: FAO Sarah_bitch |
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I have plenty of comment that is reflected also through the topics and tones of my posts.. how convenient for you assholes that there are not radio stations allowed where I would stick it down your yin-hole while your politicians stick to their rigid scripts.. it also makes it more convenient to remove source material when there are not fuller copies elsewhere, which is one of the things that comes to mind everytime I read something I think important for people to know. Anyway, bitch, it's your Monopoly Mind Control Media with incessant hegelian bullshit that isn't worth shit, intellectually, other than to analyze how it psy-ops and the techniques, etc. That gets old, however as your sticht hasn't improved over multiple decades duh.. anyway, I see you have no problems with impostering identities and slander, the former I object to, the latter which, in reasonable amounts should be sued for costs of time/energy/money to rebut imprinted lies.. anyway, glad you assholes still care about me lol and have it figured out that I basically believe in the free marketplace of ideas and don't choose to budget my time dealing with your drivel as much.. thanks for the gag and harassment, too. It's on your karma.
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1043 |
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Date: August 18, 2010 at 13:31:29
From: jeffersonzuma, [DNS_Address]
Subject: Re: FAO: facilitates sound bite cuts and stupid spin |
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...as I was doing something else I reflected that these rules, unconstitutional, because it is a 'protection racket' (pay the fee or else, do the time/energy/work (money equivalent if you were a professional?) and is definitely arbitary. I, myself, would rather have my whole write posted, with the correct attribution and source-linkage, rather than the 'sound bites', which facilitate misunderstanding. I've had a little experience with 'being quoted out of context'; it is too convenient and makes the internet more like the lamestream monopoly mind control media. If someone is actually losing money because people can read it for free whereas they would pay the source for the whole reading, like a book, that's different and reasonable to limit the quote in accurate representation (an attorney's playground for what 'accurate representation' is, but regardless of that, there is some reason if the spin is against what the 'sound-bited' is intending.. think charges of 'anti-semitic', which is a favorite tool of 'sound-bite censorers'; that this "law" is actually a form of 'reverse-protection' for the integrity of the actual speech itself, and money-issues have been insinuated into putative situations where there really isn't a lot of money involved, such as using monopoly mind control media that are losing business to the internet (in which case I won't usually pay for it if they charge for the privilege of ingesting their inane programming, when what they really don't like to allow is a full equal rebuttal or other view within the same matrix as the monopoly's first-strike audience/readers, who are then prejudice without the 'equal presentation'). The whole problem starts to really become an exercise in trivial pursuit distraction if one considers that ideas and thoughts tend to manifest into several minds and the feedback occurs before someone actually gets all the credit for the "original idea". Where is the credit and protection for the 'thinkers' who do not get published but whose thinking eventually gets picked up in the collective conciousness and then someone claims exclusive copyright? Isn't it an interesting sign that the reasonable interpretation of spreading the ideas with accurate credits for (re)source is not sufficient. This bullshit is subterfuge and an obvious dampening of internet freedom, as the chill descends with this 'legal harassment' (and ransom/time/money for "protection"), as well as the psychic and physical real threats and activities against those freely expressing! The concept of America has been lost, and no one is getting sued for that!
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Date: August 18, 2010 at 13:41:21
From: Skywise, [DNS_Address]
Subject: EWWWWW.... |
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...somebody just farted in here.
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Date: August 18, 2010 at 15:56:35
From: mr bopp, [DNS_Address]
Subject: Re: EWWWWW.... |
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check your panties brian...it might be you...lol...
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Date: August 18, 2010 at 18:42:02
From: Skywise, [DNS_Address]
Subject: Re: EWWWWW.... |
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That deserves a gold star... for effort. :P~
Brian
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Date: August 18, 2010 at 19:20:53
From: jeffersonzuma, [DNS_Address]
Subject: responsibility of the owner of the copyright? |
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and just think, mr bopp gets to own the copyright of all the b.s. written on these discussion boards, according to these b.s. rules I hesitate to even call "laws".. so is he responsible for the speech of others because it is his copyrighted material? It seems that everything is a trap, you know.. like making the moderator of a forum responsible for others' speech so that s/he is required to censor in order to protect the owner of the copyright, all for the privilege of paying the protection money to be notified to take down instead of sued by surprise. What a racket!
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Date: August 18, 2010 at 19:53:47
From: mr bopp, [DNS_Address]
Subject: Re: responsibility of the owner of the copyright? |
URL: http://www.earthboppin.net/talkshop/faqs.html#disclaimer |
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I think it is probably bs but I put the disclaimer up anyway...that was easy and perhaps gives me a modicum of protection...at any rate, you can't squeeze blood from a turnip...
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1038 |
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Date: August 18, 2010 at 03:19:37
From: inthestars, [DNS_Address]
Subject: Re: FAO Mr Bopp |
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this is glp's disclaimer...
Disclaimer:
DON'T BELIEVE A DAMN WORD YOU READ ON THIS WEBSITE!
The reader is responsible for discerning the validity, factuality or implications of information posted here, be it fictional or based on real events. Moderators on this forum make every effort to review the material posted on this site however, it is not realistically possible for our small staff to manually review each and every one of the more than 20,000 posts GodlikeProductions gets on a daily basis.
The content of posts on this site, including but not limited to links to other web sites, are the expressed opinion of the original poster and are in no way representative of or endorsed by the owners or administration of this website. The posts on this website are the opinion of the specific author and are not statements of advice, opinion, or factual information on behalf of the owner or administration of GodlikeProductions. This site may contain adult language, if you feel you might be offended by such content, you should log off immediately.
Not all posts on this website are intended as truthful or factual assertion by their authors. Some users of this website are participating in internet role playing, with or without the use of an avatar. NO post on this website should be considered factual information on face value alone. Users are encouraged to
USE DISCERNMENT
and do their own follow up research while reading and posting on this website. Godlikeproductions.com reserves the right to make changes to, corrections and/or remove entirely at any time posts made on this website without notice. In addition, Godlikeproductions.com disclaims any and all liability for damages incurred directly or indirectly as a result of a post on this website.
This site is provided "as is" without warranty of any kind, either expressed or implied. You should not assume that this site is error-free or that it will be suitable for the particular purpose which you have in mind when using it. In no event shall Godlikeproductions.com be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this site or other documents which are referenced by or linked to this site.
Some events depicted in certain posting and threads on this website may be fictitious and any similarity to any person living or dead is merely coincidental. Some other articles may be based on actual events but which in certain cases incidents, characters and timelines have been changed for dramatic purposes. Certain characters may be composites, or entirely fictitious.
We do not discriminate against the mentally ill!
Fair Use Notice:
This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. Users may make such material available in an effort to advance awareness and understanding of issues relating to civil rights, economics, individual rights, international affairs, liberty, science & technology, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C.Section 107, the material on this site is distributed to those who have expressed a prior interest in receiving the included information for research and educational purposes.
In accordance with industry accepted best practices we ask that users limit their copy / paste of copyrighted material to the relevant portions of the article you wish to discuss and no more than 50% of the source material, provide a link back to the original article and provide your original comments / criticism in your post with the article. Please remember YOU are responsible for what YOU post on the internet and YOU could be sued by the original copyright holder if you do not honor these rules.
If you are a legal copyright holder or a designated agent for such and you believe a post on this website falls outside the boundaries of "Fair Use" and legitimately infringes on yours or your clients copyright
we may be contacted concerning copyright matters at:
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No. 1. Wesley Street,
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JE
Phone: +44-1534-722787
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If you require a courier address please send a fax or email and we will provide you with the required information.
In accordance with section 512 of the U.S. Copyright Act our contact information has been registered with the United States Copyright Office. "Safe Harbor" noticing procedures as outlined in the DMCA apply to this website concerning all 3rd party posts published herein.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question. It is our strict policy to disable access to accounts of repeat copyright violation offenders. We will also ban the IP address of repeat copyright violators from future posting on this website with or without a registered account.
All 3rd party material posted on this website is copyright the respective owners / authors. Godlikeproductions.com makes no claim of copyright on such material.
For more information please visit:
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Please be aware any communications sent complaining about a post on this website may be posted publicly at the discretion of the administration.
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DON'T BREAK THE LAW!
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Other than that you can do / say whatever you want on this forum.
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