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by Senor Barborito 01/17/2005, 7:14pm PST |
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Seriously, don't you ever learn? wrote:
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.
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?
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.
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 |
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I found archives of the first 9 months by Senor Barborito 01/17/2005, 9:14am PST 
One other thing by Senor Barborito 01/17/2005, 9:22am PST 
Re: One other thing by Mysterio 01/17/2005, 9:37am PST 
Re: One other thing by Senor Barborito 01/17/2005, 9:41am PST 
Re: One other thing by Fussbett 01/17/2005, 10:09am PST 
Re: One other thing by Senor Barborito 01/17/2005, 10:20am PST 
Re: One other thing by Creexul :( 01/17/2005, 6:22pm PST 
Re: One other thing by Senor Barborito 01/17/2005, 6:33pm PST 
Yeah by Motherhead 01/17/2005, 6:41pm PST 
Good point...... OR IS IT?! by Ray of Light 01/17/2005, 10:25pm PST 
Hahahaha [does] NT by Creexul :( 01/17/2005, 10:30pm PST 
PS by Creexul :( 01/17/2005, 10:35pm PST 
Re: I found archives of the first 9 months by veronica 01/17/2005, 10:05am PST 
Nice Ator by Senor Barborito 01/17/2005, 10:12am PST 
How do we know you're not just Zseni fucking around? by Zseni 01/17/2005, 10:34am PST 
A couple things by Senor Barborito 01/17/2005, 10:39am PST 
Oh, duh. The obvious one. by Senor Barborito 01/17/2005, 10:51am PST 
Re: Oh, duh. The obvious one. by Zseni 01/17/2005, 12:09pm PST 
No, it's real by Entropy Stew 01/17/2005, 10:39am PST 
Re: How do we know you're not just Zseni fucking around? by Mysterio 01/26/2005, 3:32pm PST 
Re: How do we know you're not just Zseni fucking around? by Mysterio 01/26/2005, 3:33pm PST 
Re: How do we know you're not just Zseni fucking around? by Mysterio 01/26/2005, 3:35pm PST 
C'mon SB by Give us the deep dish 01/17/2005, 11:25am PST 
I think veronica is actually dead by Bunyip 01/18/2005, 4:56pm PST 
but how many blowjobs are you getting (daily) AT THIS TIME THE VERY MOMENT (NOW) NT by Kthor 01/17/2005, 10:26am PST 
Not as many as I fantasize about you giving me (daily) NT by Senor Barborito 01/17/2005, 10:36am PST 
Me neither. NT by Senor Barborito 01/17/2005, 10:37am PST 
I'm just on the VERGE of forgetting about that whole ugly incident. by Fussbett 01/17/2005, 11:31am PST 
Re: I'm just on the VERGE of forgetting about that whole ugly incident. by Senor Barborito 01/17/2005, 11:55am PST 
Ha ha, yeah, I got a bit crazy there. by Fussbett 01/17/2005, 12:55pm PST 
Re: Ha ha, yeah, I got a bit crazy there. by Senor Barborito 01/17/2005, 1:08pm PST 
Re: I'm just on the VERGE of forgetting about that whole ugly incident. by Kthor 01/17/2005, 1:00pm PST 
Actually I was referring to my gerbil's cage. Those guys are the best. NT by Senor Barborito 01/17/2005, 1:12pm PST 
DON'T WRITE ABOUT ME ON THE SITE AFTER I AM GONE *LAWYER* by Eyo 01/17/2005, 11:46am PST 
And you're an illiterate moron. NT by Senor Barborito 01/17/2005, 11:58am PST 
Re: I found archives of the first 9 months by laudablepuss 01/17/2005, 11:55am PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 11:58am PST 
Re: I found archives of the first 9 months by laudablepuss 01/17/2005, 12:21pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 12:28pm PST 
Et tu, laudable?! by I need clarification 01/17/2005, 1:15pm PST 
I just thought the entire internet should know that laudablepuss is awesome. by Creexul :( 01/17/2005, 8:51pm PST 
Side note AIM log by Fussbett 01/17/2005, 1:03pm PST 
*SHRUGS* NT by mark 01/17/2005, 1:12pm PST 
Re: I found archives of the first 9 months by mark 01/17/2005, 1:11pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:20pm PST 
Re: I found archives of the first 9 months by Kthor 01/17/2005, 1:40pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:48pm PST 
Re: I found archives of the first 9 months by Kab(uke) Seme 01/17/2005, 3:24pm PST 
Wait a minute by Mysterio 01/17/2005, 6:03pm PST 
Re: I found archives of the first 9 months by Harry Crews 01/17/2005, 5:38pm PST 
Exactly. by Kab(uke) Seme 01/17/2005, 3:11pm PST 
Re: I found archives of the first 9 months by Fussbett 01/17/2005, 1:22pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:50pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:53pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:56pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 2:02pm PST 
The silver lining here... by I need clarification 01/17/2005, 1:16pm PST 
oh NT by whydirt 01/17/2005, 2:10pm PST 
A little note about the DMCA that people should know. by Jack's Inflamed Colon's Law Firm 01/17/2005, 2:26pm PST 
Wonderful by Senor Barborito 01/17/2005, 2:41pm PST 
Re: Wonderful by Senor Barborito 01/17/2005, 2:43pm PST 
Because you can't read by Senor Barborito 01/17/2005, 2:45pm PST 
Re: Because you can't read by Senor Barborito 01/17/2005, 2:55pm PST 
Re: Because you can't read by Senor Barborito 01/17/2005, 3:02pm PST 
Re: Because you can't read by Mysterio Lollerson 01/17/2005, 3:10pm PST 
Re: Because you can't read by Senor Barborito 01/17/2005, 3:15pm PST 
Re: Because you can't read by Bill Dungsroman 01/18/2005, 6:55pm PST 
Re: Because you can't read by Senor Barborito 01/17/2005, 3:19pm PST 
Response: In which I remind you you are SB and subject to your own inherent flaw by Jack's Inflamed Colon's Law Firm 01/17/2005, 3:27pm PST 
Re: Response: In which I remind you you are SB and subject to your own inherent by Senor Barborito 01/17/2005, 6:03pm PST 
no more time to school you, I asked a lawyer. by Seriously, don't you ever learn? 01/17/2005, 6:54pm PST 
Clearly you need to read more websites. NT by I need clarification 01/17/2005, 7:13pm PST 
Haha NT by Matthew Holland 06/02/2013, 4:18am PDT 
Re: no more time to school you, I asked a lawyer. by Senor Barborito 01/17/2005, 7:14pm PST 
Re: no more time to school you, I asked a lawyer. by Senor Barborito 01/17/2005, 7:33pm PST 
You're not a lawyer. I could care less what your opinion of case law is. by Just go away no one wants you here 01/17/2005, 9:11pm PST 
Re: no more time to school you, I asked a lawyer. by Choson 01/17/2005, 10:35pm PST 
Re: no more time to school you, I asked a lawyer. by Choson 01/17/2005, 10:32pm PST 
Re: no more time to school you, I asked a lawyer. by Creexul :( 01/17/2005, 10:44pm PST 
I'm still waiting for a giant banner of that to grace the front page NT by When is that going to happen? 01/18/2005, 12:39am PST 
The new front page by Fussbett 01/18/2005, 2:09am PST 
if you click no it should also automatically call the DMCA and your mom (NT) by Kthor 01/18/2005, 8:21am PST 
Re: no more time to school you, I asked a lawyer. by I need clarification 01/18/2005, 4:26pm PST 
Re: no more time to school you, I asked a lawyer. by Commander Tansin A. Darcos 06/02/2013, 2:04am PDT 
Re: A little note about the DMCA that people should know. by Commander Tansin A. Darcos 06/02/2013, 2:31am PDT 
Re: I found archives of the first 9 months by Tony 01/17/2005, 3:20pm PST 
Shut up, give them to ICJ, leave. by Bill Dungsroman 01/17/2005, 3:30pm PST 
Time to mention of the GA gang: a record breaking several hours. (nt) by GA Gang. 01/17/2005, 3:44pm PST 
I want a gang too :( NT by Mysterio 01/17/2005, 3:48pm PST 
Can't you just focus your blame onto BDR? NT by We certainly do. 01/17/2005, 9:48pm PST 
Re: Shut up, give them to ICJ, leave. by I need clarification 01/17/2005, 4:16pm PST 
Re: Shut up, give them to ICJ, leave. by Bill Dungsroman 01/17/2005, 4:39pm PST 
I don't give a damn on dead cockroach about you. >:[ NT by I need clarification 01/17/2005, 4:44pm PST 
FYI by The Friends of spanky 01/17/2005, 4:54pm PST 
Re: FYI by Bill Dungsroman 01/17/2005, 6:33pm PST 
Re: Shut up, give them to ICJ, leave. by Senor Barborito 01/17/2005, 5:14pm PST 
Re: Shut up, give them to ICJ, leave. by Bill Dungsroman 01/17/2005, 8:00pm PST 
Re: Shut up, give them to ICJ, leave. by Senor Barborito 01/17/2005, 8:50pm PST 
Re: Shut up, give them to ICJ, leave. by Bill Dungsroman 01/18/2005, 12:03am PST 
FRONTPAGE NT by Entropy Stew 01/18/2005, 12:47am PST 
SECONDED NT by Kab(uke) Seme 01/18/2005, 4:43am PST 
Oh, please by I need clarification 01/18/2005, 10:25am PST 
Shut your jewhole by Entropy Stew 01/18/2005, 1:08pm PST 
I had no idea how you'd work "jew" into your post. Well played. NT by mark 01/18/2005, 3:22pm PST 
Vichy Stew, as always, appeasing the SB/BDR reich. :( NT by I need clarification 01/18/2005, 4:16pm PST 
In a single thread, you have managed to out-crazy SB and suck more dick than V by Entropy Stew 01/19/2005, 12:21am PST 
No one has out-crazied sb. :( NT by Creexul :( 01/19/2005, 12:22am PST 
Well, at least we agree about the cocksucking NT by Entropy Stew 01/19/2005, 12:44am PST 
So, how does it feel? by Bill Dungsroman 01/18/2005, 2:22pm PST 
I noticed you didn't deny secretly IMing SB. NT by I need clarification 01/18/2005, 4:16pm PST 
SECRET IM CONVERSATIONS, WHEN WILL IT END??? by Mysterio 01/18/2005, 6:30pm PST 
I don't bother reading the boring cunty bullshit you type. Fuck you. NT by Bill Dungsroman 01/18/2005, 6:35pm PST 
Haha, I don't need SB while I have BDR. NT by I need clarification 01/18/2005, 7:11pm PST 
Ink is probably right though, you're constantly IMing sb at this moment. :( NT by Creexul :( 01/19/2005, 12:25am PST 
Only crazy people use AIM. NT by whydirt 01/19/2005, 12:42am PST 
This is the kind of thinking that guaranteed you an omega-level classload NT by Entropy Stew 01/19/2005, 12:42am PST 
What's omega-level? :( NT by Creexul :( 01/19/2005, 2:56am PST 
Re: What's omega-level? :( by Mister Helper 01/19/2005, 4:28am PST 
Well I'm in the same class and grade levels as everyone else. NT by Creexul :( 01/19/2005, 7:28am PST 
No. NT by Bill Dungsroman 01/19/2005, 1:06am PST 
When, exactly, did you turn into a woman? NT by whydirt 01/18/2005, 5:08pm PST 
I know you're kind of dim, whydurst, so I will assume you're referring to BDR by I need clarification 01/18/2005, 7:34pm PST 
I'm referring to you, you dumb cunt. by whydirt 01/18/2005, 8:21pm PST 
Wow, that's your second-best post this week (and by extension, ever) by I need clarification 01/18/2005, 8:34pm PST 
Why doesn't anyone pay attention to MEEEEEEEEEEEEE. NT by I need attention 01/18/2005, 10:30pm PST 
They actually do. Or haven't you been paying attention? NT by I need clarification 01/18/2005, 10:33pm PST 
*clap* *clap* *clap* NT by Mysterio 01/19/2005, 7:39am PST 
That post was a Hulk transformation. by laudablepuss 01/18/2005, 8:39pm PST 
Don't you see? We need a foil! SB is it! by Zseni is too gay for it 01/21/2005, 5:46pm PST 
Senor Barborito: Homosayswhat muse? by Choson 01/18/2005, 6:51am PST 
Re: Senor Barborito: Homosayswhat muse? by chimp 01/18/2005, 3:50pm PST 
Re: Shut up, give them to ICJ, leave. by Creexul :( 01/17/2005, 10:15pm PST 
Re: Shut up, give them to ICJ, leave. by Creexul :( 01/17/2005, 9:59pm PST 
Re: Shut up, give them to ICJ, leave. by Fussbett 01/17/2005, 11:15pm PST 
Re: I found archives of the first 9 months by Ice Cream Jonsey 01/17/2005, 4:10pm PST 
Re: I found archives of the first 9 months by Zseni 01/17/2005, 4:18pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 5:31pm PST 
Stop talking about legal liability. There is none in the situation you describe by Don't make me school you again. 01/17/2005, 5:45pm PST 
Re: I found archives of the first 9 months by Ice Cream Jonsey 01/17/2005, 6:11pm PST 
Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 6:31pm PST 
Re: I found archives of the first 9 months by Ice Cream Jonsey 01/17/2005, 6:52pm PST 
Re: I found archives of the first 9 months by Chairman Mao 01/18/2005, 2:41am PST 
How fucking insane was I to deal with this shit on a regular basis? by Entropy Stew 01/17/2005, 9:20pm PST 
Also by Entropy Stew 01/17/2005, 10:10pm PST 
Bipolar people: barely human. by Creexul :( 01/17/2005, 10:07pm PST 
DMCA TERRORISM by Maxime Faget 01/17/2005, 11:00pm PST 
here SB, you wanted to know why people still get mad at you? by Kapow 01/17/2005, 11:10pm PST 
Re: I found archives of the first 9 months by Souffle of Pain 01/17/2005, 11:40pm PST 
This will mysteriously get overwritten when the old posts are restored NT by Entropy Stew 01/17/2005, 11:49pm PST 
Yeah, kind of regret posting that these days. NT by Souffle of Pain 07/06/2007, 7:23pm PDT 
Talking points by foolio, late riser 01/17/2005, 11:45pm PST 
Pretty huge, guys. Pretty huge. by Mysterio 01/18/2005, 2:09am PST 
Moron. by The One, Natural One, Make It Easy 01/18/2005, 3:49am PST 
What an asshole by Roop Dirump 01/18/2005, 5:00am PST 
Something I forgot about until I read your post. by Fullofkittens 01/18/2005, 1:19pm PST 
This thread has improved my opinion of so many posters. by Zseni 01/18/2005, 1:26pm PST 
barbie is everybody's fat friend by Kthor 01/19/2005, 8:51am PST 
Holy shit by Matthew Holland 06/02/2013, 4:19am PDT 
Re: Holy shit by Roop 06/03/2013, 6:32am PDT 
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