Caltrops - Site Comments





	[quote name="Senor Barborito"][quote name="Seriously, don't you ever learn?"]He said basically you have posted to the public domain on someone else's message board. You can certainly assert anything you like, and they can claim to grant you anything they like in regards to copyright. But unless money is involved or someone is reproducing your work stating that they created it, there's nothing much to see here. Specificly, he said almost all fair use rules can be defensibly applied here. Criticism, comment, reporting all apply and the burden suddenly is laid on you to explain to a judge why your freely available publicly accessible work that exists on someone else's website can't be quoted, even in it's entirety, as long as they are stating you wrote it when no financial damage occurs to you. There's the letter of the law, and then there's the amount of work people are willing to pay/do to nitpick it to death. [/quote] First off, I do not for a minute believe that posting to the Internet has ever been considered publishing to the public domain, ever. This topic is interesting enough to me that I'll bother to read up on some cases this evening - MPAA vs. 2600 should have some bearing here, amongst others. Assuming for a second your 'lawyer friend' is correct, my immediate followup question is what happens if I copy my Metafilter post into a JPG, slap it on a CafePress T-shirt, sell one to my Aunt Ethel, and THEN mail you a DMCA takedown formletter? [quote]On the ISP part I'll answer that directly as again, someone with 2 years experience in site take downs. Some small ISP's might pull stuff immediately if they don't have a staff to handle it. But the average ISP now doesn't like being bullied by anyone and the major ones all now have DMCA educated staff and lawyers of their own. Remember that they are only liable for any money if there's financial damage and here there isn't any so there's no reason to rush. Senor Barborito doesnt have quite the same ring as "Universal Studios" or "Sony Music" to them. A take down request in this case would go to the bottom of the pile and its a pretty big pile lately thanks to the MPAA and RIAA. It's not like they look at the subject line of every C&D and run and pull the content. I'm sure there's examples of that somewhere but its the rarity not the norm, internet rumors aside The DMCA allows for a perfectly reasonable time for the ISP to investigate the claim. Stop spouting off about legal liability and ISP reactions. All you know about it is from reading a website.[/quote] This varies widely between the really large ISPs, and much of what I know about it is from reading the news - yes, on websites, but still press releases from the companies involved. Historically Earthlink and Verizon are likely to fight tooth and nail for you, while with Comcast (and I believe Cox?) you're lucky if their own automated bots don't slap you with a copyright-violation/account-cancellation notice long before the rights holder even has time to email you a simple "WTF?!" Small webhosts are no different from small ISPs in this regard - and you've already admitted as to what their reaction will likely be. --SB[/quote]