Newspaper Pretends It Can Block Fair Use And Threaten Those Who Say It Can't
from the nice-try dept
We recognize that some of the finer points of copyright can be confusing (or are disputed), but some things are pretty clear. Fair use, for example, does exist and cannot be denied by the owner of copyrights (even if they'd like to pretend they can). The latest example of this is pointed out by David Levine, who links to a blog post from legal expert Eugene Volokh ripping apart the claim of an "investigative report" publication who puts "This article is copyright protected and Fair Use is not applicable" at the bottom of all their articles. It also says: "In accordance with Fair Use of Copyright: WE FORBID ANY REPRODUCTION in part or in whole..." As Volokh notes, unfortunately, you can't just make up the law in your favor. Fair use isn't at the whim of the content owner, and it's not in accordance with fair use to deny "any reproduction." Volokh found out about the site from David Giacalone at Harvard's Berkman Center. Giaclone discusses more problems with the legal language the site uses, while noting that it's especially worrisome since the site fights for legal reform. However, the most ridiculous part of the whole thing is that when Giaclone (a retired member of the bar in two areas) points these things out to the editor of the site, she responds by calling him "an ass," saying that the site would be giving him "some publicity" and accusing him of "practicing law without a license," for which the publication's lawyer and the state Attorney General would be alerted. All this for pointing out that their legal disclaimer isn't actually binding? And we wonder why some people have trouble dealing with the finer points of copyright law...
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All I can say is with the way copyright and fair use are being interpreted in this country......just give me my eyepatch, wooden leg, and let me say "arrrrgh" :)
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Re:
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Re:
Arrrr!
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Seen it before.
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I Know, I know......
your just mad cause you wern't there first :)
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this interests me and i have a question
I suppose the question is, is the derivative story fair use? I'd like to think it is.
So if the original denies the derivative, is this right or fair?
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Nutcase
A link where she was convicted of false accusations:
http://decisions.courts.state.ny.us/ad3/decisions/2003/12111.pdf
She was also the self entitled "Associate JAILer-in-Chief, NY JAIL4Judges", a "quaint little organization that wants to put judges in prison because according to founder Ron Branson judges are part of the New World Order."
http://www.google.com/search?hl=en&lr=&q=june+maxam+%22NY+jail4judges%22
And has filed several crackpot lawsuits:
Maxam v. Warren County et al, No.06-1012 (N.D.N.Y. filed Aug. 22, 2006) (Pro se complaint brought pursuant to §§1983, 1985, alleging pretty much everyone in the County has deprived the plaintiff of various Constitutional rights)
Maxam v. Sheriff of Warren County Jail and New York State Attorney General, No. 04-491 (N.D.N.Y. Filed June 5, 2004) (Seemingly frivolous habeas petition alleging False Instrument conviction was obtained unlawfully) (Represented by lawyer, P.D. Theresa M. Suozzi).
Maxam v. Warren County et al, No. 94-80 (N.D.N.Y. dismissed Apr. 4, 2004) (Civil action complaint, brought with the assistance of attorney Kirk M. Lewis).
Yeah, she's just completely bonkers. Nothing to see here, move along.
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finer points...
This one appears to have trouble dealing with reality...
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Not much of a strech
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If fair use is denied, how can i read the page?
None of this even touches on other more transient Fair-use rights such as my screen's ability to displayed copyrighted material already on my web browser, the right of routers and networking gear to relay countless portions of their content between my computer and their web server and finally the right of me to read and "know" what they said (making a copy of the observable copyrighted information into my brain).
The above is an example of why Fair Use is inherent in all non-ridiculous interpretations of copyright law.
Another problem is that their disclaimer is at the bottom of each page. Even if it were valid, it could reasonably be argued that you read the content, then read the disclaimer, realized it was a contract that you weren't willing to agree to and stopped further reading. Then you used the parts of the document that weren't covered by it.
The only thing that's good in their defence, is that you can pretty much say anything on your web pages, legally valid or not. So i suppose their "real position" is that if we say "no fair use" on every page it'll discourage people from exorcising their fair use rights and since that might increase subscription revenue, lets do it. They can always simply not sue anyone who ignores it.
That's just the same as putting up a sign saying that "trespassers will be shot". It's OK as long as you don't actually shoot anyone.
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Cheap barriers
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coincidentally...
Now why more of these can't be resolved like this I can only guess is because people THINK they understand copyright and/or fair use.
If you want to look at the WORST possible way that it could turn out you only need to look at the case of Island Records/U2(bastids..their music sucks ever since too) vs. Negativland. While what Negativland did wasn't entirely fair(it definitely pushed the limits of fair use), neither was U2 when they slapped a 110 page lawsuit on Negativland instead of a simple cease and desist. Eventually this was dropped but it cost Negativland $250k for U2's attorneys fees. U2 tried to blame this on Island but it was recently discovered that it was nothing more than a smokescreen as many of us had suspected....and U2's music started to suck right after that coincidentally....
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On Some Things
On that other post I still take the opposing view but in this instance you're 100% correct.
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Chilling effect... regardless whether she's a crac
When the editor of a publication says "fair use rights do not apply", she's basically saying, 'if you use anything from our publication, we'll sue.... and it doesn't matter who's right or wrong... it'll cost ya!'
Definitely enough to make you think... no?
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Chilling effect... regardless whether she's a crac
When the editor of a publication says "fair use rights do not apply", she's basically saying, 'if you use anything from our publication, we'll sue.... and it doesn't matter who's right or wrong... it'll cost ya!'
Definitely enough to make you think... no?
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fair use rights always apply
Actually, I think i'm going to go and fairly use anything I like on their site within my rights and then send them a notification.
it will show them what I've "fairly used", and CLEARLY state that contacting me, with the intent of me investing time to consider what they say - amounts to them agreeing to be billed my standard rate of 125$CAD/hr.
If they so much as waste 15 mins of my time (my smallest bill-able block), i will bill them for each block they use... and I will send collectors as well.
Nice idea. thanks guys!
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To: Gordan
* And yea, I stole this line from at least two of Aaron Sorkin's TV shows.
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signing statement?
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NCG Removes its Fair Use Disclaimer
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June Maxam = Nutcase
The article in question, supposedly lifted from her site, was one she'd lifted elsewhere (I think CNN), changed words in the first and last couple of paragraphs, then called it her own.
Maxam was complaining about the original article appearing on my site, thinking I had lifted the text from hers instead of the source.
(BTW: The text on my site matched the source, not the hacked text which appeared on the Maxam's site...)
Every email received from this wacko mentioned all of the lawyers she knows (like the one just sentenced to prison in Ohio), and all of the nasty things she could do to make someone's life hell. Just a bunch of empty threats, and she finally went away, after she realized that all she'd get was a firm GFY from me.
Her first email actually wanted money... I was supposed to pay her $500 (?) or some crazy/similar amount for her story...
The funny part was, back when this occured, that I'd just passed by (one town over from her), but was 1200 miles away before receiving her first email. I'd have loved to have knocked on her door with her printed email threats in my hand, and...
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you are fruitcakes
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Re: you are fruitcakes
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Re: Re: you are fruitcakes
When she was told "Freedom of Speech" she threatened a lawsuit.
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Re: you are fruitcakes
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Re: you are fruitcakes
Is Charlie a new alias?
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Nutty June Mazam
I laughed and responded,
"By all means, I'll simply release your nutcase emails."
More threats followed.
More laughter did also.
That was the last of her. Must have found someone else to froth at.
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Newspaper? North County Gazette? I Don't Think So
The North County Gazette appears to be nothing but a random collection of news you'll find anywhere else, thinly shrouding June Maxam's aluminum-foil-hat conspiracy theory articles.
Just another waste of bandwidth and yet more clutter in google results.
Someone do her (and everyone else) a favor and get a doctor to commit her someplace quiet with no connectivity...
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He he... Maxam Doctrine, according to bottom of pa
Evidently they've had less than pleasant dealings with Ms. Maxam.
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NCG = Conspiracy Site - Proof
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Re: NCG = Conspiracy Site - Proof
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June Maxam - She's Back...
He wrote:
I cannot access your site during the day from work, I am typing ww.northcountrygazette.org and it goes to a hate site at www.badcopnews.com every single time. I was able to get to your site on Friday afternoon, but cannot now unless I am at home.
I am limited to slow dialup at home, and would greatly appreciate your looking into this, as I can’t possibly be the only victim of whatever is taking place.
Thank you,
She Replied:
As of this morning, complaints involving you and your message have been filed with the New York State Police Cyber Crimes unit, Ic3, FTC and the local office of the FBI. I am advised that the federal government is already investigating badcopnews and their operators and are monitoring them.
Then she sends him a plea for help that she had intended to go elsewhere:
I got this message today—any ideas what can be done? I think this is an email sent out to try and evoke a response from me. I wrote back and told him it was the first such complaint had had, wasn’t experiencing any problems with northcountrygazette.org and suggested he filed a complaint with ic3.gov. I do know that some fucker registed the domain name of northcountrygazette.net and has that redirected to badcopnews. I don’t what I can do to stop that. I own northcountrygazette.com so they can’t get that one.
// Obviously, his woman has some personal issues that ought to be resolved.
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maxam the looney tune
-the one person that really makes her look like a nutcase.
And that person is...
...June Maxam
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Nutcase June Maxam - Now she's pissed.
Text from her complaint:
"The person registering the website of northcountrygazette.net has done so illegally, engaging in the unauthorized use of a registered business name and is using the website for harassment and cyberstalking purposes, posting pornographic images and video on a website under the domain name of northcountrygazette.net I am the registered owner of the business name and retain all rights to it. This is an illegal use of my business name and I wish the domain registration terminated. I have also submitted this matter to the FBI."
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looks like the looney toon is at it again
blocked me (and I don't know how many others?) again.
S'OK. I have another connection
D.S.
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Nutcase June Maxam's efforts against her hosting c
https://www.thepoint.com/campaigns/just-say-no-to-i-power-web
“..the internet is littered with people she has threatened to sue.”
Who is North County G? A Google search finds that June Maxam’s reputation is also scattered in tiny pieces about the globe. (Search for “June Maxam nutcase” et. al.).
* She reported one of her blog readers to the FBI for daring to email her for help when unable to access her little blog.
* She threatened to write editorials about one of her blog’s readers and that individual’s clients. (Who responded with “By all means, I’ll simply release your nutcase emails.”)
* She enjoys threatening and harassing individuals via. email.
* She harasses other websites with unfounded complaints if they are critical of her or her blog’s content.
* She’s currently honored with one site’s “a**hole of the month” affixed with the quote “Just because she has a blog doesn’t mean she has a brain.”
* She tried to completely re-write US copyright statute with a really silly footer on her blog.
* She harassed another website which adopted a parody “MAXAM DOCTRINE” based on Maxam’s really silly footer, which forbid reproduction of every “..of any word, phrase, letter, character, color, texture…” appearing on that site. (LOL)
Unfortunately I must withdraw my support of this campaign until a reputable individual heads the effort, preferably someone who has never seen the inside of a jail cell.
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Nutcase Maxam's campaign crashes and burns
But, no doubt, she will surface soon with a new effort to save the world/internet.
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is the looney tune's blog gone
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is the looney tune's blog gone
We might not have June Maxam to kick around anymore
-Daryll
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June Maxam
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northcountrygazette.org
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Down?
Work computers were excluded a months or so ago, then my phone, now at home too. It would be interesting to know if anyone get there besides Google.
Interesting business model there folks.
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Re: Down?
She hasn't figured out how to block my phone or my secondary access.
Do you wonder if she checks what people enter into
her little site search engine.
Hmmmmmmm??
ds
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Re: Re: Down?
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maxam
Hey,Charlie- you should take a look!
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north country gazette block list
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She's blocked my IP at home and work as well
She wants freedom of speech for herself but it cannot apply to anyone else.
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June Maxam
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June on Boingboing
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June Maxam
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few years ago...
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