Judge Considering Innocent Infringement Provision For Cat Blogger Sued By Righthaven
from the just-dismiss-the-case dept
The Righthaven saga continues. The Las Vegas Sun (who seems to be having fun reporting daily on this operation set up by its competitor), is noting that in the first court hearing on a Righthaven lawsuit, the judge appeared to want to figure out the absolute smallest sum that he could set for an unemployed, non-commercial cat blogger (written from the perspective of a cat) who was sued by Righthaven for posting an article, with a link and credit, about a fire that killed some birds. The magistrate judge clearly wanted the two sides to settle quickly, and kept pushing Righthaven boss Steven Gibson on how much it actually cost to file one of these lawsuits, and even challenged his initial claim of $1,800, and got him to push the number lower. The judge also brought up the potential of awarding $200 in damages -- which is the amount allowed for cases of innocent infringement. It seems pretty clear that the magistrate judge is not impressed with at least this lawsuit.Separately, the article notes that the WEHCO Media newspaper chain -- apparently totally and completely oblivious to the massive negative publicity Righthaven has generated for the Las Vegas Review-Journal -- has become the second media company to sign up for Righthaven's brand of "copyright enforcement." Paul Smith, the President of WEHCO apparently said:
"It's a pretty serious matter when someone takes your copy, information you've spent a lot of money to produce."To which we wonder if he even realizes what Righthaven does. First of all, having a random blog or forum repost your content with a link back to you isn't "a pretty serious matter." It's someone giving you some attention. It's certainly not taking anything away from you. Anyway, if you want a list of newspapers not to link to, WEHCO publishes the Arkansas Democrat-Gazette (and the NW Arkansas Democrat-Gazette), the Benton County Daily Record, the California Democrat, the Chattanooga Times Free Press, the Fulton Sun, the News Tribune, the NW Arkansas Times, the Rogers Morning News, the Springdale Morning News, the Banner News, Camden News, El Dorado News-Times, the Texarkana Gazette and The Sentinel-Record. Apparently none of those papers want you alerting anyone to the news they publish.
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Filed Under: blogs, cat blogger, copyright, innocent infringement
Companies: righthaven
Reader Comments
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Stop reading the Righthaven and bring the financial pain on now!
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I am definitely not a lawyer, but i remember back in school if i were to copy something for a school paper (and my kids do this today also), i would have to copy (link) all of the person's information that i was copying to make a point.
If our schools are teaching us to give proper credit to those we talk about, how is that infringement?
Or mabe im just plain dumb
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At some point it's not fair use
Just once I would like you to take the side of the content creators. Posting the entire article with a link is doing much more than "alerting". It pretty much drains the revenue stream of the content creator.
So I dare you. Point out some kind of infringement that you think is worth suing over. I bet you can't do it. You're so biased against content producers that you would call raping a young writer a free gyn exam.
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Just once I would like you to take the side of the content creators. Posting the entire article with a link is doing much more than "alerting". It pretty much drains the revenue stream of the content creator.
So I dare you. Point out some kind of infringement that you think is worth suing over. I bet you can't do it. You're so biased against content producers that you would call raping a young writer a free gyn exam."
http://techdirt.com/articles/20100827/01493710790.shtml
No need to read above comment.
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Re: At some point it's not fair use
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Those newspapers are just embarrassed about
2. All the wedding announcements where the bride and groom are first cousins.
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Re: At some point it's not fair use
Ok Bob... here's an example.
Someone takes my book. They OCR it and remove all references to me and then publish it as their own.
That'a pretty blatant violation of copyright. I have no problem suing them.
If they grab a chapter (or more) from my book and post it somewhere, giving me credit and pointing people to Amazon/B&N/my site so they can buy a physical copy (or Kindle, etc.) that's fine with me.
Posting an article with a link back, when the Journal itself encourages them to do so?
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Re: At some point it's not fair use
Point out a case where suing for infringement has resulted in a net overall gain.
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Re: At some point it's not fair use
These days I refrain from posting links and crediting others until I get their permission, and even then only post the first sentence. Though I still wander - am I doing the right thing? I think about how much money they lose even from that one sentence and can't sleep at night.
Trust me guys - it happens all the time. Don't make the same mistakes I did. Don't post links on blogs or forums.
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Re: fair use
Though the copyright holder is in my opinion entitled to ask the blogger to remove the content, the claims of damages are just laughable and should be thrown out.
In any case I agree that one should simply not link to or quote articles from such publishers - it's too risky you might get sued.
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Clueless
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Question...
So...are there any studies on how these ideas/philosophies are holding in other cultures? I know Native American culture abhorred (sp?) the idea of ownership, as most everything belonged to nature, including physical property. It'd be interesting to note how idea protectionism is viewed in other world cultures. Maybe we Westerners are just defective?
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Lets see the assholes police that. Think they can get a class action suit going?
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Re: At some point it's not fair use
How do you figure its draining revenue? not behind a paywall (if it were it would be foolish to link to it really because people would have to pay to read it) so it must be ad revenue, right? Now think about this. 20 people read the blog, click on the link and 20 people who wouldn't have normally been there are now reading the article AND viewing said ads on the page.
So now tell us, how is this hurting them? I am so confused in how you can just come on here and bash Mike without actually trying to have a good argument to bash him with.
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Robbed
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One Link Up, Many to go
I am starting now.
"Bowie County hay producers have until Sept. 17 to submit entries for the Bowie County Hay Exposition Oct. 7 at James Bowie School in Simms, Texas."
http://www.texarkanagazette.com/news/localnews/2010/08/30/entry-deadline-looming-for-local- hay-exp-30.php
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Re: At some point it's not fair use
Besides I see no warnings, no attempts to contact that person, no nothing bad faith?
She may have infringed, but her actions are not from someone that is immoral or amoral, apparently upon acknowledgment of the proceedings she took steps and did go to great length to repair the situation can that be said about the opposing side?
More where did you read that she took everything? Can you please point to the public court proceedings that you read, because sure as hell it wasn't on the article linked above in the article so I'm a bit confused as to where that information originated.
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Re: At some point it's not fair use
If you can't control your revenue stream - don't create the content. Content creators have no right to deprive people of other peoples rights through onerous laws as a means of enriching themselves.
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Court Case Number: 2:10-cv-00856-LRH-RJJ
File Date: Friday, June 04, 2010
Plaintiff: Righthaven LLC
Plaintiff Counsel: John Charles Coons, Joseph C. Chu, Steven A. Gibson of Righthaven LLC
Defendant: Emerson Wong
Allegra Wong
Cause: 17:501 Copyright Infringement
Court: Nevada District Court
Judge: Judge Larry R. Hicks
http://www.scribd.com/doc/35305972/Defendant-Wong-s-Answer-to-Complaint-Filed-July-15-2010
Referred To: Magistrate Judge Robert J. Johnston
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Re: Re: At some point it's not fair use
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Re: Re: At some point it's not fair use
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Come on
Mike posts commentary on the side of content creators nearly every single day.
He also posts commentary pointing out the self-defeating idiocy of some folks, some of whom are content creators, some of whom are middlemen, some of whom are lawyers who produce nothing but court-clogging zero-sum demands for other people's money.
Others have pointed out examples of infringement worth suing over. Now, a question for you, Bob: Please describe the extent of the economic damage done by a non-commercial blogger posting as a cat when they post, with attribution and link, an article about birds. Put a dollar-amount on what you think the actual damage is (not the statutorily created amounts) .
I dare you.
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Re: Re: At some point it's not fair use
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That journal may suffer in the future, it may be difficult to find sources if they continue to sue everyone.
"• Critics say R-J reporters are now in a conflict of interest situation because their paper in many cases is suing their sources including the state Democratic Party, Progressive Leadership Alliance of Nevada, Citizens for Responsibility and Ethics in Washington, real estate brokerages and agents and Anthony Curtis, a gaming industry observer and publisher."
http://www.lasvegassun.com/news/2010/aug/04/some-targets-righthaven-lawsuits-fighting -back/
"Finally one of the 100-plus defendants in the RJ Copyright Troll cases has called the paper's tactics what they really are -- Entrapment."
http://www.lvjournalreview.com/ (The anti-journal-review website)
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Re: Re: Re: At some point it's not fair use
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Re: Re: Re: At some point it's not fair use
http://www.lowrysreports.com/complaint.cfm
The reason that Mike is screaming about the law suits is that the plaintiffs stand a good chance of winning and all of his buddies want to live in a world where they never pay anything to content producers. No one would care if copyright law didn't have some teeth after the content producers jump through all of the hoops to enforce it.
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Re: Re: Re: At some point it's not fair use
Let's see if I can explain how this works to you.
1. I create a blog post copying the entire (gasp!) article that I found interesting. At the end of the post, I write: "And here is where I found this great article that I found so valuable that I reprinted here for my readers - www.awesomewebsite.com
2. People read the reprinted article. They say to themself: "Self, this writing is really good in this article and I find it interesting. I sure would like to see more such articles. Oh look! A handy link to the source of the great writing I just read, where surely there are other such articles!"
3. Said person clicks the link.
4. They read more articles (if they're of the same quality/interest) regularly, thereby creating more page views.
5. PROFIT!!!!
Make sense now? Or are you going to be argumentative and tell me how this isn't right?
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Re: Re: At some point it's not fair use
Run your business to the ground as popular backlash will have lasting effects on your bottom line.
It is worth it?
Sure, assert aggressively supposed rights over imaginary products and this will weed out the weak that in this case is the news corporations.
Things have changed, and you can burry your head on the sand or you can be flexible and bend or be rigid and break.
The law is nothing without the people's respect for it.
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Re: Re: Re: Re: At some point it's not fair use
But when you take into account the damage that it does to your business....
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Re:
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Re: Re: Re: At some point it's not fair use
Otherwise you are jumping the gun and is in no way thinking straight.
For all we know the lady posted a brief quote from that and added some thoughts and that is "fair use", which she is not fighting because she may be afraid.
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Re: Re: At some point it's not fair use
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Re: Re: Re: Re: At some point it's not fair use
That is fine by me, who cares about that newspaper anyway, I don't and I have no problem not ever linking to that news outlet ever and I will put them on the blacklist.
That gave me a great idea, a list of news outlets that should be blocked by the firewall, would they complain about it?
For anyone who wants to add that site to the filter here is the webaddress.
http://www.lvrj.com/
http://www.reviewjournal.com/about/print/rjstaff.html
And here is a list of all the holdings people should boycott.
Newspapers
Arkansas
* Booneville Democrat - Booneville, AR
* Cabot Star-Herald - Cabot, AR
o Cabot Weekly
* Carlisle Independent - Carlisle, AR
* Charleston Express - Charleston, AR
* Fayetteville Free Weekly - Fayetteville, AR
* Greenwood Democrat - Greenwood, AR
* Hot Springs Village Voice - Hot Springs Village, AR
* Jacksonville Patriot - Jacksonville, AR
* Lonoke Democrat - Lonoke, AR
* Morning News of Northwest Arkansas - Springdale, AR
* Paris Express - Paris, AR
* Pine Bluff Commercial - Pine Bluff, AR
o The Market Place
o The White Hall Progress
* Press Argus Courier - Van Buren, AR
o Alma Journal
* Sherwood Voice - Sherwood, AR
* Southwest Times Record - Fort Smith, AR
* The Maumelle Monitor - Maumelle, AR
* The Times - North Little Rock, AR
* Van Buren County Democrat - Clinton AR
* Washington County Newspapers
o The Lincoln Leader
o The Prairie Grove Enterprise
o The Farmington Post
Hawaii
* 808 Classifieds - Hilo, HI
* Big Island Weekly - Hilo, HI
* Hawaii Tribune-Herald - Hilo, HI
* North Hawaii News - Waimea, HI
* West Hawaii Today - Kailua-Kona, HI
o North Hawaii News
o Big Island, HI
o Westside Weekly
Missouri
* McDonald County Newspapers
o The Anderson Graphic The Goodman News-Dispatch
o The McDonald County News-Gazette
o The McDonald County Press
o The Southwest City Republic
o El Tiempo
Nevada
* Ely Times - Ely, NV
* Eureka Sentinel - Eureka, NV
* Las Vegas Review-Journal - Las Vegas, NV
o View Neighborhood Newspapers
o El Tiempo
o Las Vegas CityLife
o Las Vegas Business Press
o Rebel Nation
o New Homes Guide
o Luxury Las Vegas
o Southern Nevada Home And Garden Magazine
o Nifty Nickel
o Neighborhood Shopper
o Jobs Today Weekly
* Pahrump Valley Times - Pahrump, NV
* Tonopah Times-Bonanza - Tonopah, NV
North Carolina
* Courier-Tribune - Asheboro, NC
Oklahoma
* Bartlesville Examiner-Enterprise - Bartlesville, OK
* Pawhuska Journal-Capital - Pawhuska, OK
Tennessee
* The Daily Herald - Columbia, TN
o The Advertiser News Of Spring Hill And Thompson's Station
o Franklin Life
o Brentwood Life
Texas
* Anna-Melissa Tribune - Anna, TX
* Herald Democrat - Sherman, TX
o Grayson County Shopper
* Lake Texoma Life - Van Alstyne, TX
* Prosper Press - Prosper, TX
* Van Alstyne Leader - Van Alstyne, TX
Washington
* The Daily World - Aberdeen, WA
o The North Coast News
o The South Beach Bulletin
o East County News
* The Montesano Vidette - Montesano, WA
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Righthaven
http://www.arkansasonline.com/news/2010/aug/26/firm-holds-websites-law-20100826/
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Re: Re: Re: At some point it's not fair use
I wander just how many content creators who's sole income is from ads and yet never get any money because they get linked and quoted all the time, I mean with the logic presented to the point where Google news is a problem for established, well known places, surely it must be common and happen all the time for the little guys right? Obviously if people like bob can seriously say that this is big enough problem to the point that it requires new law making, it must be happening all the time beyond mere hypothetical.
I doubt he'd be able to truly show that though.
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Websites to blacklist.
http://www.examiner-enterprise.com
http://www.boonevilled emocrat.com
http://www.charlestonexpress.com
http://www.courier-tribune.com
http://www.columbiada ilyherald.com
http://www.thedailyworld.com
http://www.eltiempolibre.com
http://www.elynews.com
h ttp://www.greenwooddemocrat.com
http://www.hilohawaiitribune.com
http://www.herald-democrat.com
h ttp://www.lasvegascitylife.com
http://www.reviewjournal.com
http://www.arkansasnews.com
http://ww w.thevidette.com
http://www.nwaonline.net
http://www.paris-express.com
http://www.pbcommercial.co m
http://www.pressargus.com
http://www.southernnevadahomeandgarden.com/
http://www.snhomes.com
h ttp://www.swtimes.com
http://www.vanburencountydem.com
http://www.viewnews.com
http://www.stephen sdc.com
http://www.westhawaiitoday.com
http://www.1st100.com/
http://www.FOIArkansas.com
http:// www.LasVegasNewsPapers.com
http://www.NWAOnline.net
http://www.FortSmith.com
http://www.PineBluff .com
http://www.Van-Buren.com
http://www.CasinoGaming.com
http://www.LasVegas.com
http://www.LA. com
http://www.Hawaii.com
http://www.lvrj.com/communitylink/
http://donrey.koz.com/servlet/commun ity_ProcServ/DBPAGE=cge&GID=01003011620948298958442745
http://www.texomalink.com/
http://www.r eviewjournal.com/about/print/rjstaff.html
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Re: Question...
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Re: Re: Re: Re: At some point it's not fair use
You also don't know the overall effect, long term, on Lowrys - since the legal action can't have left a good "taste in the mouth" for their customers.
Plausibly Lowrys would have been better off if they had offered corporate subscriptions - like for example this firm.
It would have spared everyone a lot of grief - and they might have made more from the corporate subscriptions than they did from the lawsuit (I doubt if Legg Mason were the only fiorm that copied their newsletter internally.)
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Re: Re:
See below (from Wikipedia):
Generally, although plagiarism is often loosely referred to as theft or stealing, it has not been set as a criminal matter in the courts.[6] Likewise, plagiarism has no standing as a criminal offense in the common law. Instead, claims of plagiarism are a civil law matter, which an aggrieved person can resolve by launching a lawsuit. Acts that may constitute plagiarism are in some instances treated as copyright infringement, unfair competition, or a violation of the doctrine of moral rights. The increased availability of intellectual property due to a rise in technology has furthered the debate as to whether copyright offenses are criminal.
Academia
In the academic world, plagiarism by students is a very serious offense that can result in punishments such as a failing grade on the particular assignment (typically at the high school level) or for the course (typically at the college or university level). For cases of repeated plagiarism, or for cases in which a student commits severe plagiarism (e.g., submitting a copied article as his or her own work), a student may be suspended or expelled.
Source(s):
http://en.wikipedia.org/wiki/Plagiarism
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Re: Re: Re: At some point it's not fair use
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Re: Re: Re: Re: At some point it's not fair use
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They don't like traffic fine boycott all that crap now!
http://www.stephensmedia.com/gamingwire/
http://www.examiner-enterprise.com
http://www.boon evilledemocrat.com
http://www.charlestonexpress.com
http://www.courier-tribune.com
http://www.col umbiadailyherald.com
http://www.thedailyworld.com
http://www.eltiempolibre.com
http://www.elynews .com
http://www.greenwooddemocrat.com
http://www.hilohawaiitribune.com
http://www.herald-democrat .com
http://www.lasvegascitylife.com
http://www.reviewjournal.com
http://www.arkansasnews.com
ht tp://www.thevidette.com
http://www.nwaonline.net
http://www.paris-express.com
http://www.pbcommer cial.com
http://www.pressargus.com
http://www.southernnevadahomeandgarden.com/
http://www.snhomes .com
http://www.swtimes.com
http://www.vanburencountydem.com
http://www.viewnews.com
http://www. stephensdc.com
http://www.westhawaiitoday.com
http://www.1st100.com/
http://www.FOIArkansas.com
http://www.LasVegasNewsPapers.com
http://www.NWAOnline.net
http://www.FortSmith.com
http://www.Pi neBluff.com
http://www.Van-Buren.com
http://www.CasinoGaming.com
http://www.LasVegas.com
http:// www.LA.com
http://www.Hawaii.com
http://www.lvrj.com/communitylink/
http://donrey.koz.com/servlet /community_ProcServ/DBPAGE=cge&GID=01003011620948298958442745
http://www.texomalink.com/
http: //www.reviewjournal.com/about/print/rjstaff.html
http://www.boonevilledemocrat.com/
http://www.cab otstarherald.com/
http://www.carlisleindependent.com/
http://www.charlestonexpress.com/
http://ww w.freeweekly.com/
http://www.greenwooddemocrat.com/
http://www.hsvvoice.com/
http://www.jacksonvi llepatriot.com/
http://www.lonokedemocrat.com/
http://www.nwaonline.net/
http://www.paris-express .com/
http://www.pbcommercial.com/
http://www.pinebluff.com/
http://www.pressargus.com/
http://w ww.sherwoodvoice.com/
http://www.swtimes.com/
http://www.fortsmith.com/
http://www.van-buren.com/
http://www.maumellemonitor.com/
http://www.nlrtimes.com/
http://www.vanburencountydem.com/
http ://www.808classifieds.com/
http://www.bigislandweekly.com/
http://www.hilohawaiitribune.com/
http ://www.westhawaiitoday.com/
http://mcdonaldcountypress.com/
http://www.elynews.com/
http://www.re viewjournal.com/
http://www.lvrj.com/
http://www.pahrumpvalleytimes.com/
http://www.courier-tribu ne.com/
http://www.examiner-enterprise.com/
http://www.columbiadailyherald.com/
http://www.amtrib .com/
http://www.herald-democrat.com/
http://www.prosperpressnews.com/
http://www.vanalstyneleade r.net/
http://www.thedailyworld.com/
http://www.thevidette.com/
http://www.arkansasnews.com/
htt p://www.stephensdc.com/
http://www.stephenspress.com/
Newspapers to boycott.
Arkansas
* Booneville Democrat - Booneville, AR
* Cabot Star-Herald - Cabot, AR
o Cabot Weekly
* Carlisle Independent - Carlisle, AR
* Charleston Express - Charleston, AR
* Fayetteville Free Weekly - Fayetteville, AR
* Greenwood Democrat - Greenwood, AR
* Hot Springs Village Voice - Hot Springs Village, AR
* Jacksonville Patriot - Jacksonville, AR
* Lonoke Democrat - Lonoke, AR
* Morning News of Northwest Arkansas - Springdale, AR
* Paris Express - Paris, AR
* Pine Bluff Commercial - Pine Bluff, AR
o The Market Place
o The White Hall Progress
* Press Argus Courier - Van Buren, AR
o Alma Journal
* Sherwood Voice - Sherwood, AR
* Southwest Times Record - Fort Smith, AR
* The Maumelle Monitor - Maumelle, AR
* The Times - North Little Rock, AR
* Van Buren County Democrat - Clinton AR
* Washington County Newspapers
o The Lincoln Leader
o The Prairie Grove Enterprise
o The Farmington Post
Hawaii
* 808 Classifieds - Hilo, HI
* Big Island Weekly - Hilo, HI
* Hawaii Tribune-Herald - Hilo, HI
* North Hawaii News - Waimea, HI
* West Hawaii Today - Kailua-Kona, HI
o North Hawaii News
o Big Island, HI
o Westside Weekly
Missouri
* McDonald County Newspapers
o The Anderson Graphic The Goodman News-Dispatch
o The McDonald County News-Gazette
o The McDonald County Press
o The Southwest City Republic
o El Tiempo
Nevada
* Ely Times - Ely, NV
* Eureka Sentinel - Eureka, NV
* Las Vegas Review-Journal - Las Vegas, NV
o View Neighborhood Newspapers
o El Tiempo
o Las Vegas CityLife
o Las Vegas Business Press
o Rebel Nation
o New Homes Guide
o Luxury Las Vegas
o Southern Nevada Home And Garden Magazine
o Nifty Nickel
o Neighborhood Shopper
o Jobs Today Weekly
* Pahrump Valley Times - Pahrump, NV
* Tonopah Times-Bonanza - Tonopah, NV
North Carolina
* Courier-Tribune - Asheboro, NC
Oklahoma
* Bartlesville Examiner-Enterprise - Bartlesville, OK
* Pawhuska Journal-Capital - Pawhuska, OK
Tennessee
* The Daily Herald - Columbia, TN
o The Advertiser News Of Spring Hill And Thompson's Station
o Franklin Life
o Brentwood Life
Texas
* Anna-Melissa Tribune - Anna, TX
* Herald Democrat - Sherman, TX
o Grayson County Shopper
* Lake Texoma Life - Van Alstyne, TX
* Prosper Press - Prosper, TX
* Van Alstyne Leader - Van Alstyne, TX
Washington
* The Daily World - Aberdeen, WA
o The North Coast News
o The South Beach Bulletin
o East County News
* The Montesano Vidette - Montesano, WA
I have no problems at all boycotting this silly proxy company and all that it holds.
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Re: Re: Re: Re: Re: At some point it's not fair use
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Re: Re: Re: At some point it's not fair use
Stupidest fucking post I've EVER seen on the internet, and I've seen some seriously dumb shit in my time.
Do you even have ANY conception of how the web WORKS? Any at all?
The ENTIRE purpose of the web is to provide links to things OF INTEREST. Those things have links to other things, and people VERY FREQUENTLY FOLLOW LINKS FROM SITE TO SITE (please get this part through your thick-as-a-paywall skull.) This has been true since the inception of the damn web. If people read the article on this blog, for example, and it INTERESTS THEM, they will very likely click the link associated with the article TO FIND MORE INTERESTING STUFF FROM THE SAME AUTHOR (or site or whatever is behind the link).
Again, this is WEB 101, where the fuck have you been hiding for the past 2 decades? Put down the shill pipe long enough to grasp basic concepts before you spin off into wild paranoid fantasies of "theft" and "OMG! no one will ever go there!"
I have found many many interesting sites from reading an article or blog./commentary on another site and followed the link to the parent site (Arstechnica, for instance, from here) because I found the intial "copy" interesting. I didnt go (as you suggest nearly all people would do) "good article, but I cant be assed to click the link to see if maybe, possibly, they might have SIMILAR INTERESTING SHIT TO READ." No, I clicked the link to see WHAT ELSE THEY MIGHT HAVE. And trust me, you yourself have done this as well. We ALL have, every one of us who has ever spent any time on the web. Its one of the major ways of HOW THE WEB WORKS.
It's amazing to me that someone who KNOWS good and god damn well this is how things work can make such a bald, specious and garbage statement like the one you did that is such a falsehood on its face. You arent going to fool anyone. People arent that stupid, stupid.
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What people should do.
People should organize and make free news that compete with the legacy news, then I want to see how funny it gets when they have no revenue stream.
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You think Mike and Nina have some deal?
I saw this before this post and it so makes sense.
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Acts that may constitute plagiarism are in some instances treated as copyright infringement, unfair competition, or a violation of the doctrine of moral rights.
in truth the set of instances of plagiarism intersects the set of instances of copyright infringement.
eg
Copying your essay from a fellow student with his permission or from a public domain work is plagiarism but ht infringement.
Copying and selling a complete book - leaving the author's attributions in place is copyright infringement but not plagiarism.
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Now for a lesson on Web 101: the basic, most elementary, and most important purpose of the World Wide Web is the dissemination of funny cat pictures. That's it. The combined collective worldwide bandwidth usage by news, games, and even porn is dwarfed by it.
See? You learn something new every day. Always remember, the moar you know...
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them using righthaven probably came through as part of that partnership.
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Re: Re: At some point it's not fair use
I find it hilarious that people think just giving someone credit is a fair trade. This woman was too busy to do her own work and so she just grabbed someone else's to fill out her blog. Anyone can keep the blog filled if they let someone else do the work.
When people read the story on another site, they're not likely to click through to read it again. Moreover, they won't even read it if they happen to go to the original newspaper site again.
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Yes, yes it is.
I am definitely not a lawyer, but i remember back in school if i were to copy something for a school paper (and my kids do this today also), i would have to copy (link) all of the person's information that i was copying to make a point.
You're confusing plagiarism with infringement. The two may overlap, but they're different.
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Here's one
http://games.slashdot.org/story/09/10/24/0136250/App-Store-Developer-Speaks-Out-On-Game-Pirac y
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Re: At some point it's not fair use
Hmm. I always take the side of content creators. I spend a lot of time showing how they can make more money with smarter business models and how suing their fans is not a good long term strategy.
I never knew that trying to help content creators was going against them. How odd.
Posting the entire article with a link is doing much more than "alerting". It pretty much drains the revenue stream of the content creator.
Really? Do tell. How is this cat blogger "draining the revenue" from the LVRJ? Honestly. I'm trying to figure it out. The blogger got a few visits a day, and the likelihood that any of them would have read this particular LVRJ article otherwise seems minimal. The likelihood that some might see this, click through to see more is somewhat higher.
So I dare you. Point out some kind of infringement that you think is worth suing over.
I've yet to see a copyright or patent situation that I believe is worth suing over, frankly. I find that there are always better solutions.
Trademark is different, as I do believe that a "likelihood of confusion" is a reasonable thing to prevent, but that's because trademark is about consumer protection against fraud.
You're so biased against content producers
Again, I don't see how suggesting better business models and showing them how to make more money and not piss off fans could possible be seen as being against content producers. I'm really sort of confused by your response, frankly.
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When we sold our DMCA shirts, amusingly, someone put up copycat shirts on eBay (crappy quality, though), and we thought it was funny. If others want to go through the trouble of helping to advertise us, that's cool.
Only thing we would have an issue with is if it's trademark infringement to the point of customer confusion -- as, again, likelihood of confusion trademark cases do make sense.
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Re: What people should do.
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Re: Re: Re: Re: At some point it's not fair use
Huh? Not at all. I'm all in favor of paying content producers. That's why I spend so much time trying to help them come up with good business models.
You must have me confused with someone else.
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Well, I wasnt speaking to the "piracy" part of the argument, just the fallacy that a reposted article with a link could almost NEVER lead to someone clicking through to the originating site.
To answer that question, do I regularly click through, yes I do, if the linked article is interesting, quite often. There are probably other interesting things in that case, as I am only seeing this 1 reposted-and-linked article. Thats how, you know, we DISCOVER interesting things on the web, since thats a big part of how its designed.
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Re: Come on
That's a good one. Once a day he'll proclaim some abstract belief in the right of content creators to make a living and then he'll find a reason to hate almost every single plan to help them collect money. Unless it's unworkable and sponsored by the EFF.
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Re: Re: Come on
Wait, why focus on "collecting" money. That's your problem. I think business models should be based on fundamental capitalism, whereby someone sells something scarce & valuable and someone else buys it. No "collecting" necessary.
Unless it's unworkable and sponsored by the EFF.
Funny, 'cause one of the few things I really think the EFF gets wrong is its idea for blanket licenses.
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Re: Re: What people should do.
Annoy people and you will have to deal with the backlash, period.
Besides people can do the same reporting and bring video and photos live from the scene almost instantly, can news outlets do that?
Now that would be competition, and if people started asserting "rights" over it legacy players would suffer.
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You don't understand how people discover things do you?
She may or may not copied the article in the entirety, I didn't see that anywhere, but for the sake of argument lets assume she copied verbatim, and put a link on it.
People who liked the story and that happens go to the original source and bookmark that crap, this is how I discovered this site here and a lot of others, people disseminate information.
For all you know she could have helped that crappy news outlet get some more readers, you can't prove harm, but you say it harms it, please show us the proof now or just admit that you are talking through your ass.
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How do you know that?
Most sites I discovered and bookmarked to read later was through links, people may not have read that article again, but if they liked the tone of the copied article they could have gone to the original link and take a peek around to see what else was there, that is how people discover things.
It is not possible that crappy news outlet got some new readers from it?
Where are the F. harm then?
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Re: At some point it's not fair use
You're not taking a darned thing away from the "creator" or their ad revenue, if anything you're contributing to it to it doing that.
Strikes me that that's a hell of a way to lose revenue for a "creator" though I have some issues with calling a news organization a creator and yes, I've worked in that industry. Writing to an inverted pyramid style isn't all that creative, you know.
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I guess this is another way from getting out from under when you don't have an argument.
BTW, speaking for myself, yes I do regularly click through in those circumstances.
And did you read the story Mike linked to?
Ms Wong republished the story out of concern for the animals who were the centre of the story not to make a profit (her blog didn't show ads) but out of concern.
Part of deciding any case, this one included includes motivation and this is certainly innocent enough if not, admittedly, the correct decision on her part. An email or letter pointing out her mistake or a conversation with her by Righthaven would have cleared this up without the lawsuit. Just as importantly Righthaven's motivation in filing suit without following normal procedures is or will be part of the decision.
In my country Ms Wong would be found to infringe, undoubtedly, but the award to Righthaven would have been on the order of $1 and Righthaven would be on the hook for Ms Wong's costs. Keeps frivolous and trolling lawsuits down to a minimum it does. Stirkes me this is both.
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Re: Question...
Would this suit be successful up here? In a way it would be though Righthaven would be slapped down hard. (See my post with the straw man alert in it.)
The lunacy here isn't as much about creators, as we both know, but about how much the parasitical middlemen can suck out of the creator before, maybe, paying them something.
One thing I do know is that Bob isn't the least bit creative. I'm sure he has a list of stock phrases that he strings together which create posts of varying readability and sense. No human could actually write that poorly after Grade 4!
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Re: Re: Re: At some point it's not fair use
Sure. Take mine. It's called Echelon. You can find it on DocStoc and/or Scribd, or on my blog, www.conspiracyfiction.blogspot.com. Send it to whoever you like, reprint it all you like, do whatever you want with it, just keep my name on it.
That should help generate more interest in my Kickstarter project, so have it....
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Therefore, you owe me $20 for reading your inane drivel.
(I don't know of any formal link between Nina and Techdirt though she's a frequent poster here. Maybe you could ask her.)
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It's because search engines like google and bing have bots scouring the internet all day, and those bots WILL click through, and with each relevant link to your page, those bots will improve your page's ranking in their search engine results.
It's called search engine optimization, and anyone who runs a mildly successful blog gets emails from people trying to game the search engines, offering $1-200 for a paid link. This is why google promoted the use of "rel=nofollow" in links (http://en.wikipedia.org/wiki/Nofollow#Paid_links) and actually threatens to lower your pagerank if you are found to be selling links without using it.
So, they are in fact suing people who were actually helping them and doing them a service. If they lost any revenue at all, there is NO CHANCE that it could exceed $5.00 on any of these sites, which is well below the monetary value of the link back they received
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It also gets additional advertisement for the site.
It could be argued that the more people buy the "fake" t-shirts, less people will buy the real ones. Which is silly, since the only people that are going to buy the real ones anyway are those who want to support this site and get a real souvenir (not even taking into account production quality).
The only other complaint could be, that people could think Mike sells low quality products while it's another company that is doing it. Which is, I think, one of the things that Consumer Confusion covers... the other "confusion" which is the one that most people flaunt, would be people actually believing they're buying the website.
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New Perspective
I believe I saw them and possibly commented on them when I saw this rolled out as a new business model, and those comments would not have been very positive at all, but they also wouldn't have been copyright infringement.
I'm looking but have yet to find where I've been informed of a possible violation via the simple reporting method included on the site.
I do see that my traffic yesterday was 50% higher than a week ago and income from just one ad network about 110% higher. And it looks like today's numbers will have similar gains.
We're pretty aggressive, when informed by copyright holders, about stamping it out on the site and always advise members to only post a relevant excerpt and always with a link to the full content so that the owner can get the free advertising benefit.
I get far too many new posts daily to ever even contemplate reading all of it to see if anyone's breaking our rules. We rely on tattling.
Robert (Bob) Zumbrunnen
Managing Partner, TZ Holdings LLC
Owner, SiliconInvestor.Com
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link
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Private schools Orange County
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