Teri Buhl Threatens To Sue Us And Others; Still Seems Confused About The Law

from the some-free-advice dept

I had kind of thought that after we posted our response to Teri Buhl, who got upset about our original article about her whacko claims that her publicly posted tweets could not be quoted, that the story would hopefully fade away. However, this morning, Jim Romenesko, who allowed Buhl to "respond" to us via his blog, has published another story noting that the thanks he received from Buhl is that she is threatening to sue him. Lovely. Oh yeah, and in her communication with Romenesko, she apparently told him she's planning to sue us at Techdirt, too (which, by the way, is the first we've heard of this):

Today, Buhl is threatening to sue me for using the photo from her Twitter page. She says she owns the image and never gave me or others permission to publish it. She adds that she's going to file a small claims suit against Mark Bennett and Techdirt for keeping the photo on their sites after being told to take it down.

"I don't want add you the same list [sic]," she writes. "I'm asking Poynter and Knight to do the same thing today before I file."

My response to her: "Really, Teri?"

She replied:

yes really Jim – I am going to push it. It's a matter a principle I am sick of other publications lifting other jurnos ideas, photos, words etc… and printing them on their publications with out permission or proper credit with links etcc. I think it's an issue that should have been challenged a long time ago. I took the photo I own it etc…

Of course, in our last post on the subject, we suggested that Buhl acquaint herself with fair use rules. It would appear that she has chosen not to do that. We did not "lift" her "ideas, photos, words." We reported on her actions and statements.

It also appears that she has not familiarized herself with the nature of copyright law, and the fact that small claims courts have no jurisdiction over copyright issues. Not that I should be doing the legal work the lawyer she claims to have contacted failed to do, but 28 USC 1338 notes:
The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights.
This is kind of basic stuff.

Amusingly, just a few weeks ago, we wrote about the Copyright Office exploring the idea of setting up a small claims court for copyright. But, as of right now, it does not exist.

And, even if we ignored that pesky bit of information, we've still got the fair use hurdle, which she can't get past. She claims "I took the photo I own it etc." Except, it's not that simple. If she took the photo, she might hold the copyright on certain elements of the photo -- but that is not the same as "owning" the entire photo and being able to block any and all uses of it. This is another thing any lawyer would hopefully explain to her. Our use of the photo, to show the key point of contention that led to the story (her claiming via her Twitter profile, incorrectly, that no one could quote her Twitter feed), was clearly for the purpose of reporting on her claims. Suing us, Bennett (a lawyer) or Romenesko would not likely go well for Buhl who seems very focused on bluster, with little legal basis to back it up. We could go through a very, very, very long list of case law and the actual text of copyright law that shows that what we did is absolutely reasonable and protected action, but I guess we'll save it for this "lawsuit" should it ever actually be filed.

Oh, and one more thing. In the comments on the Romenesko post, she makes this rather incredible statement:
how about this - no one who wrote about this little debate has bothered to call an experienced copyright lawyer and get a comment. I did before I wrote Jim.
This is actually wrong on so many levels. The initial story, involving her original claims, included "experienced copyright lawyer" Marc Randazza noting that her claims were "moronic." However, for her edification, this morning I reached out to three more "experienced copyright lawyers" who agreed that she doesn't seem to understand the law, on a whole variety of levels, as we discussed in our response to her many attempts to contact us, and as explained above.

In the meantime, Mark Bennett, who wrote the original post that kicked this whole thing off, has been doing a nice job cataloging the ever-changing legal theories that Buhl keeps tossing out there -- none of which have much basis in reality:
  1. That republishing tweets designated "not for publication" can be the basis for a lawsuit.
  2. That she hadn't written the tweets I republished ("Mark did you fact check my twitter feed to make sure I tweeted what you published?").
  3. That I libeled her.
  4. That retweeting "protected" tweets can be the basis for a lawsuit ("I think the question is if tweets are protected are they public").
  5. That republishing her tweets violates her copyright.
  6. That republishing her background photo violates her copyright.
As he notes: "Changing theories is always a good indication that the person threatening a lawsuit has no good reason to sue: if you have a reason to file suit, you know it."

So, once again, Ms. Buhl might want to think carefully before proceeding with any planned legal action against us or others. Contrary to her stated opinion, these are not unsettled matters, nor is the law in her favor. Similarly, she might want to recognize that, once proven wrong, digging in and making further claims is not a productive course of action. Sometimes it's okay to admit that you were wrong, and to let it go.
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Filed Under: copyright, fair use, jim romenesko, mark bennett, reporting, small claims, small claims court, teri buhl, threats


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  • icon
    silverscarcat (profile), 7 Feb 2013 @ 11:30am

    again...

    Who's got the carmel popcorn?

    This is good.

    link to this | view in chronology ]

  • icon
    Kevin H (profile), 7 Feb 2013 @ 11:47am

    She apparently sharpened her pitchfork and is hell bent on storming the castle regardless of the odds against her.

    link to this | view in chronology ]

    • identicon
      stryx, 7 Feb 2013 @ 12:00pm

      Re:

      ...hell bent on storming the windmill regardless of the odds against her.

      FTFY.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 2:03pm

      Re:

      Unfortunately she has the pointy end aimed at her own face....

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 2:11pm

        Re: Re:

        Details, my kind sir! I am sure the fight will be amusing to watch anyway.
        "Now kill those devils for they are sinners and stuff."
        I love it when religious reasoning is the basis of court-cases. Gives the court an outlet for some humour in a deeply serious world! :)

        link to this | view in chronology ]

  • identicon
    Glen, 7 Feb 2013 @ 11:47am

    She must be jealous of Mr Carreon, Righthaven, AND Preda Law. She needs her time in the limelight also.

    link to this | view in chronology ]

    • identicon
      Travis, 7 Feb 2013 @ 12:10pm

      Mrs. Carreon?

      THANK you, I was trying to remember the name of that guy who just couldn't stop digging a hole for himself. These two should date, I'm sure they could find alot in common. Although life for two idiots who wave copyright around and jump into lawsuits should get very expensive for them.

      link to this | view in chronology ]

    • icon
      MadCow (profile), 7 Feb 2013 @ 12:19pm

      Re:

      We really should coin the phrase "The Carreon Effect" as more and more people seem to being doing this lately...

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 12:53pm

        Re: Re:

        It's not exactly an "effect" though. Phenomenon or Syndrome maybe though.

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 1:18pm

        Re: Re:

        Actually now that I think about it Disorder or Defect would probably be most appropriate.

        link to this | view in chronology ]

        • icon
          Josh in CharlotteNC (profile), 7 Feb 2013 @ 1:48pm

          Re: Re: Re:

          I'd go for a new version of DDoS:

          Doubling Down on Stupid

          link to this | view in chronology ]

          • identicon
            Anonymous Coward, 7 Feb 2013 @ 2:27pm

            Re: Re: Re: Re:

            That would be an appropriate definition. I still like "The Carreon Defect" though.

            link to this | view in chronology ]

            • identicon
              Anonymous Coward, 7 Feb 2013 @ 2:33pm

              Re: Re: Re: Re: Re:

              I think Carreon should sue Buhl for infringing on his territory of crazy law suits.

              link to this | view in chronology ]

          • icon
            That Anonymous Coward (profile), 8 Feb 2013 @ 12:56am

            Re: Re: Re: Re:

            What do you have for quadrupling down?

            link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 1:51pm

        Re: Re:

        I prefer to call it cyberbuhlying.

        link to this | view in chronology ]

        • identicon
          Anonymous Coward, 7 Feb 2013 @ 2:13pm

          Re: Re: Re:

          It's not really fair to give her Carreon's legacy even if she is using it. Carreon demonstrated it first. She's just a copycat.

          link to this | view in chronology ]

  • icon
    rw (profile), 7 Feb 2013 @ 11:48am

    Somebody introduce her to Prenda! Even more fun.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 1:39pm

      Re:

      What makes you think someone hasn't?

      She *did* say that she consulted "an experienced copyright lawyer"... and I'm hard-pressed to think of any more likely to tell her she has a case than Prenda.

      What would be hilarious is if she found out about Prenda from Techdirt. :)

      link to this | view in chronology ]

  • icon
    Zakida Paul (profile), 7 Feb 2013 @ 11:48am

    Can I sue her for stealing my stupidity?

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 1:57pm

      Grammar!

      Correct canonical usage in this case would be "stealing my stoopid" (commonly misspelled with a 'u'). Use of the plural or insertion an additional letter 'o' may be warranted for particularly egregious cases (such as the matter at hand), in which the perpetrator of stoopid has a seemingly infinite supply of same.

      Regarding theft of: Stupidity exists only due to post facto analysis of one's actions by one or more witnesses. Theft of that which will at some point manifest as stupidity must, by definition, come before instantiation, as once instantiated, a stoopid is fully depreciated, and no longer has any actual ownership value, except in a court of law.

      In order to steal someone's stoopid, any potential thief would have to know in advance of instantiation that one possessed stoopid; but since the existence of stoopid can only be ascertained at the moment that its instantiation and energetic depreciation converts it to (valueless) commodity stupidity, there's no way one can plan to steal stoopid in advance. Ergo it is simply not possible to steal stoopid from someone else -- stoopid can only come from within.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 2:04pm

        Re: Grammar!

        Correct...because no matter how much stupid you learn from someone else, there's always plenty more to go around.

        One person learning to be stupid doesn't make the teacher any less stupid for the teaching

        link to this | view in chronology ]

        • icon
          Gwiz (profile), 8 Feb 2013 @ 8:30am

          Re: Re: Grammar!

          Correct...because no matter how much stupid you learn from someone else, there's always plenty more to go around.

          Yeah. It's like the "Programmer's Paradigm: As soon as you make something idiot-proof, someone makes a better idiot".

          link to this | view in chronology ]

  • icon
    Divide by Zero (profile), 7 Feb 2013 @ 11:49am

    They're a bit like lemmings, aren't they, throwing themselves over the copyright cliff one after another. It's really very entertaining.

    link to this | view in chronology ]

  • identicon
    Mark, 7 Feb 2013 @ 11:50am

    Similarly, she might want to recognize that, once proven wrong, digging in and making further claims is not a productive course of action.
    What do you mean, it's been a successful strategy for Charles Carreon

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 11:51am

    Teri Buhl seems to exist on this planet for two reasons and two reasons only:

    -Free amusement to people who understand the laws that she is attempting to abuse
    -A living, breathing example of how important copy editors are. "Jurnos"? "etcc."? REALLY? And she misuses more ellipses than some Japanese video game characters, to boot!

    I thought to be a "jurno" you had to have some basic knowledge of writing. How disappointing it is to be proven wrong in such a way.

    link to this | view in chronology ]

    • icon
      Mike Masnick (profile), 7 Feb 2013 @ 11:54am

      Re:

      A living, breathing example of how important copy editors are. "Jurnos"? "etcc."? REALLY?

      The amazing bit to me is that I've now seen her use "jurno" three or four times, so it's not just an accident. Despite multiple people commenting on it in previous posts, she continues to use it.

      link to this | view in chronology ]

      • icon
        techflaws (profile), 7 Feb 2013 @ 12:04pm

        Re: Re:

        It's only too understandable. Just as out_of_the_blue is jealous of you coining the term Streisand Effect, she wants to have some of her own.

        link to this | view in chronology ]

      • identicon
        Travis, 7 Feb 2013 @ 12:12pm

        Re: Re:

        She's trying to get her own entry into the urban dictionary. Unfortunately - it's not catching anything more than a cold.

        link to this | view in chronology ]

      • icon
        mikez (profile), 7 Feb 2013 @ 12:22pm

        Re: Re:

        Seeing how she has such a weak grasp of the English language it's hard to be surprised she hasn't the foggiest idea of what copyright is or how it works.

        link to this | view in chronology ]

        • identicon
          Anonymous Coward, 7 Feb 2013 @ 2:18pm

          Re: Re: Re:

          I am starting to think that a case like this might fly in France. I suggest she moves and moves Techdirt and Jimmy boy with her.

          Just a thought!

          link to this | view in chronology ]

      • icon
        mockingbird (profile), 7 Feb 2013 @ 12:25pm

        Re: Re:

        I did a quick search on twitter, evidently journo (or variant thereof) is not an uncommon abbreviation for journalist.
        as language changes, especially via txting and twitter, where words get abbreviated or merged, these terms tend to get adopted. wait a few years and you may see it officially added to a dictionary.
        I'm guessing 'etcc' is a variation of 'etc etc', commonly used when I was much younger, but often changed to simply 'etc' a decade or so ago.
        maybe as a compromise for 'etceteras' ...
        overall, I'm less inclined to attack someones language as their ideas. it's the idea that is important.
        if it's valid, it'll stand up under attack, if not it'll tend to crumple.
        otherwise, attacking language is about as useful as calling someone names.
        'einstien speaks funny' is a poor argument aimed at his theories. ;-)
        so.. focus. :-)

        link to this | view in chronology ]

        • icon
          W Klink (profile), 7 Feb 2013 @ 12:42pm

          Re: Re: Re:

          Googling "jurnos" reveals (e.g. http://jurnos.wikispaces.com/, http://rejurno.com/jurnos/) a sub-type of "new media" journalists. I guess they didn't like the term "blogger" (I don't like that term either), but rather than trying to maintain self-respect and calling themselves journalists, they decided to create an even-more-stupid name for themselves.

          link to this | view in chronology ]

        • identicon
          Anonymous Coward, 7 Feb 2013 @ 12:55pm

          Re: Re: Re:

          "... evidently journo (or variant thereof) is not an uncommon abbreviation for journalist."

          She says "jurno" rather than "journo", so it would seem she's a jurnalist rather than a journalist.

          On etceteras, etcc, etc etc [etc.], they are all equally redundant.

          link to this | view in chronology ]

        • icon
          John Fenderson (profile), 7 Feb 2013 @ 1:55pm

          Re: Re: Re:

          especially via txting and twitter, where words get abbreviated or merged


          But I still reserve the right to ridicule those who use txtspeek in public conversations.

          link to this | view in chronology ]

        • icon
          art guerrilla (profile), 8 Feb 2013 @ 5:44am

          Re: Re: Re:

          1. yes, 'journo' has been around for a long time...
          'jurno', never heard of it, but a poster further down says it is some sort of newspeak...
          whatever, sounds stoopid...

          2. 'etcc', never heard of that either... actually 'etc' is an abbreviation for 'et cetera' (two words), meaning 'and others' in latin... (yeah, those two years *did* pay off!) it is already 'plural', in that sense...

          3. if you followed the links provided by someone else previously, buhl is a full blown wackaloon; along the lines of that chick who was suing the guy over taking similar photographs... buhl was REALLY creepy in her stalkerish behavior, and her sockpuppets to 'defend' her crazy...
          (apparently, she is incapable of stopping the digging...)

          (i actually emailed the photographer wench, and she IS definitely skull-fucked... she kept on insisting i was the guy who 'copied' her precious photos; i just exchanged 2-3 emails telling her she was full of it, and she would send an occasional email afterwards saying something along the lines of 'i know its you, ryan' (? i think that was the guy's name)...
          she is weird in a future-crazy-aunt-in-the-attic way, not weird in the fun-loving, try-anything kind of way...

          art guerrilla
          aka ann archy
          eof

          link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 2:28pm

        Re: Re:

        I was about to comment that "journo" is actually a fairly common term, at least here in the UK.

        I just realised she's been spelling it "jurno". I think I must have been inserting the missing "o" subconsciously.

        link to this | view in chronology ]

      • icon
        Ninja (profile), 8 Feb 2013 @ 8:02am

        Re: Re:

        Wait, so she keeps repeating the same thing even though it's a lie. Holy crap, average_joe is a girl named Teri Buhl??!?!?!?!?

        link to this | view in chronology ]

      • identicon
        Ben, 10 Feb 2013 @ 9:16pm

        Re: Re:

        jurno's a pretty common abbreviation of journalist?

        link to this | view in chronology ]

  • icon
    Mason Wheeler (profile), 7 Feb 2013 @ 11:52am

    I think it's an issue that should have been challenged a long time ago.


    It was challenged a long time ago. That's where today's legal protections for fair use and various other rights and exemptions and protections for the end user come from.

    link to this | view in chronology ]

  • icon
    Jay (profile), 7 Feb 2013 @ 11:54am

    Wow. Not even a week since Prenda Law tried to back out of their BS, and this happens.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 11:59am

    Paging Charles Carreon... Mr. Carreon you have a client waiting on line 1.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 12:00pm

    let her sue and then counter sue for lawyers fees. If she wants to full throttle let her. You have been more than patient trying to explain to her. If she wants to, let her sue and get schooled in court.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 2:07pm

      Re:

      She's obviously not been schooled anywhere else...so I say bring on the amusement.

      Hey...all this stuff with Mr. Carreon, Prenda etc must be actually REVERSING the popcorn loses to those 'damn terrorist pirates'

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 2:19pm

        Re: Re:

        She actually claims to have gone to USC. Perhaps she thinks visiting the campus counts as going to school there.

        link to this | view in chronology ]

  • icon
    ChestR (profile), 7 Feb 2013 @ 12:00pm

    This is going to be fun

    This is going to be like an episode of Pros VS Joes. This bitch is going to get smackdowned. She should just challenge Mike Tyson to a boxing match... Might be more productive

    link to this | view in chronology ]

  • identicon
    Virtual TWiT, 7 Feb 2013 @ 12:05pm

    Missing Something

    Who in the hell is Teri Buhl? Is he that important?

    /google
    # Just looking around
    /google

    Okay, why all the hubub? Ignoring cancer is a bad idea. Ignoring that person would be a great idea. Her swelling might go down.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 12:05pm

    The lady seems to have the idea that anything she doesn't like must have a law against it somewhere. There are other outfits ponying up money to try and make where there are no laws that there should be some.

    It's pretty much the basis of what this site covers.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 12:58pm

      Laws

      Well, the conspiracy theorist in me notices that there are more and more laws every day, and none ever seem to be tossed in the making room for more. Sooner or later she may be right, as most everything will be against the law.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 2:08pm

      Re:

      There is a law concerning her...its the law of evolution and eventually her defective DNA will get weeded out of the gene pool.

      link to this | view in chronology ]

  • icon
    Atkray (profile), 7 Feb 2013 @ 12:10pm

    Self control

    Mike,

    Nice restraint you are showing in dealing with this poor woman. Most people would go ahead and re-post her picture and try to bait her more, but you have taken the option of politely but firmly pointing out to her what a terrible mistake she is making.

    Well played Sir.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 1:33pm

      Re: Self control

      I was actually waiting for Mike to give her an eloquently worded smackdown like he did the last time someone sent them a legal threat. (I would have included the link if I could find it but it was a few months ago and I couldn't.) I guess he actually feels sorry for her and decided to go easy on her.

      link to this | view in chronology ]

      • icon
        Zos (profile), 7 Feb 2013 @ 2:10pm

        Re: Re: Self control

        the smackdown was actually yesterday.this is round 3 or 3. She appears impervious to it. i'm jsut waiting for her to show up in the comments section.

        link to this | view in chronology ]

        • icon
          Zos (profile), 7 Feb 2013 @ 2:10pm

          Re: Re: Re: Self control

          err, 2 or 3*

          link to this | view in chronology ]

        • identicon
          Anonymous Coward, 7 Feb 2013 @ 2:23pm

          Re: Re: Re: Self control

          I read both of those. I was actually referring to a post he made several months ago when someone sent him a threatening letter. THAT one was brilliant. Yesterday's, by comparison seemed like he was pulling his punches.

          link to this | view in chronology ]

  • icon
    weneedhelp (profile), 7 Feb 2013 @ 12:10pm

    Teri took my advice

    "Teri - I have a shovel for you... carreon please."

    And so she is.

    [Grabs more popcorn]

    link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    Anonymous Coward, 7 Feb 2013 @ 12:11pm

    Mike--

    So glad you found a half-wit to do battle with. That pleases your minions, no doubt. I'll be here when you're ready for big boy fun.

    link to this | view in chronology ]

    • identicon
      Lord Binky, 7 Feb 2013 @ 12:12pm

      Re:

      I swear that's a pickup line.

      link to this | view in chronology ]

      • icon
        Divide by Zero (profile), 7 Feb 2013 @ 1:27pm

        Re: Re:

        At least he's finally admitting why he keeps coming back here. Let it out, AJ, you'll feel better.

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 1:50pm

        Re: Re:

        Ah, the truth finally comes out and it makes sense.

        Joe's frustration stems from unrequited love.

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 7 Feb 2013 @ 4:17pm

        Re: Re:

        sounds like a jilted lover, and its frankly rather sad this is all the troll has

        link to this | view in chronology ]

    • identicon
      Michael, 7 Feb 2013 @ 12:15pm

      Re:

      He doesn't seem to have to "find" half-wits, they just keep coming out of the woodwork.

      What exactly do you mean by big boy fun? This isn't that kind of site.

      link to this | view in chronology ]

    • icon
      weneedhelp (profile), 7 Feb 2013 @ 12:19pm

      Re:

      "So glad you found a half-wit to do battle with." - You half wits show up here the time.

      "So glad you found a half-wit to do battle with."
      So glad you found ANOTHER half-wit to do battle with.
      FTFY

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 12:20pm

      Re:

      Are you Teri?

      Anonymous calling for a fight is a bit silly. Log in with your real name and I'll get popcorn.

      You go Boy! (err.... Girl!)

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 12:40pm

      Re:

      AJ, stop trying to be a legal PUA. It's not funny and it's not smart.

      link to this | view in chronology ]

    • icon
      Keroberos (profile), 7 Feb 2013 @ 12:41pm

      Re:

      At least it's more productive than battling with a nit-wit.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 12:42pm

      Re:

      Oh good, at least you're admitting you're a child now.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 2:27pm

      Re:

      That is a pretty gay pickup line. It is original enough that it might work. Only problem is that I think Mike is straight and it is not cool trying to score straight men when you are gay!

      link to this | view in chronology ]

    • identicon
      apauld, 7 Feb 2013 @ 3:05pm

      Re:

      why would he want to have "big boy fun" with another half-wit?

      link to this | view in chronology ]

    • identicon
      apauld, 7 Feb 2013 @ 3:15pm

      Re:

      plus when he does respond to you and the other half-wits on here, you just ignore it and post another stupid comment on a new story

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 6:02pm

      Re:

      Ah if only you had twice the wits you have, you would at least then have half the wits of the halfwit.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 6:39pm

      Re:

      "AJ, I'll be frank," Masnick sighed as he placed his shot glass on the bar. "I need to start seeing other half-wits now."

      link to this | view in chronology ]

      • icon
        silverscarcat (profile), 8 Feb 2013 @ 9:10am

        Re: Re:

        AJ could only stare in shock. "But... Why? Haven't I been trollish enough for you? I can troll more. Answer me, Mike! Dammit! Answer! What will it take to get you to see me again?!"

        link to this | view in chronology ]

    • icon
      btr1701 (profile), 8 Feb 2013 @ 2:06pm

      Re:

      > I'll be here when you're ready for big boy fun.

      Now you're just being creepy.

      link to this | view in chronology ]

  • identicon
    Lord Binky, 7 Feb 2013 @ 12:16pm

    People seem to think there is/should be a law to protect them from things they dislike or being offended, or just generally what is know colloquially as 'butthurt'.

    link to this | view in chronology ]

  • icon
    Jay (profile), 7 Feb 2013 @ 12:17pm

    I reapply can't believe she's an investigative journalist...

    She hadn't looked into the laws flute her claims, she's digging into a bad position, and she has lost in the court of public opinion.

    I hope that some day I can teach a class on journalism just to say "Don't be like this lady"

    link to this | view in chronology ]

    • icon
      John Fenderson (profile), 7 Feb 2013 @ 1:02pm

      Re:

      I can tell you one thing -- her public statements on this issue has proven to me in no uncertain terms that, despite what she may do for a living, she's no journalist.

      link to this | view in chronology ]

      • icon
        Franklin G Ryzzo (profile), 7 Feb 2013 @ 2:54pm

        Re: Re:

        Duh... She's a "journo". Now prepare to be added to the lawsuit for libel for daring to insult her and and her work as journalism!

        link to this | view in chronology ]

  • identicon
    Spaceman Spiff, 7 Feb 2013 @ 12:29pm

    Legal fees?

    If this idiot (and that is a modest approximation of her intelligence) realized that what suing for such stuff was going to cost her in paying her "victims'" legal fees, I think she would have another think about the advisability of such suits - but then thinking seems to be beyond her capabilities...

    link to this | view in chronology ]

    • identicon
      Anonymous Anonymous Coward, 7 Feb 2013 @ 1:01pm

      Re: Legal fees?

      I think this may be another of her misunderstandings.

      She adds that she's going to file a small claims suit against Mark Bennett and Techdirt for keeping the photo on their sites after being told to take it down.

      One does not use lawyers in Small Claims court, so she has not considered those fees. I think it might take the reality of a lawyer asking for a retainer to file the proper suit to wake her up.

      link to this | view in chronology ]

  • identicon
    DOlz, 7 Feb 2013 @ 12:29pm

    She's suing the wrong target

    Instead of suing the people she listed, she should being suing reality because that's the bitch that's making her life miserable.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 2:11pm

      Re: She's suing the wrong target

      Look what reality already did to the poor wretches grammatical ability.

      If someone did that to YOU, would you taunt it even more?

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 8 Feb 2013 @ 6:54am

      Re: She's suing the wrong target

      She should quit suing and start familiarizing herself with an English book. How can you be a journalist and not know the basics of how to write properly?

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 12:32pm

    I don't recall the picture that she's claiming to own, but unless she took a selfie, the copyright on the photo likely belongs to the photographer and he/she is merely licensing the photo to her (or isn't, and she's technical infringing, but no one is complaining). Whoever clicks the button is the one that owns the copyright unless some hoops are jumped through to transfer it to someone else.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 12:34pm

    Permission

    "I am sick of other publications lifting other jurnos ideas, photos, words etc… and printing them on their publications with out permission or proper credit with links etcc."

    You're not the "journo" here, dear. You're the story.

    link to this | view in chronology ]

    • icon
      That Anonymous Coward (profile), 8 Feb 2013 @ 1:24am

      Re: Permission

      Yeah I mean it would be horrible for someone to steal a girls journal and post it online and send it to her gather to get back at him.

      link to this | view in chronology ]

  • icon
    Nina Paley (profile), 7 Feb 2013 @ 12:46pm

    mental illness

    As entertaining as her self-propelled train wreck might be to some, to me this looks like a mentally ill person having an episode of some sort. It's becoming more sad than funny. Mental heath care, people. We need functional mental health care in this country.

    link to this | view in chronology ]

    • icon
      John Fenderson (profile), 7 Feb 2013 @ 1:02pm

      Re: mental illness

      A hundred times this.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 1:49pm

      Re: mental illness

      I doesn't remind me of mental illness. It reminds me of a petulant spoiled child that pitches a temper tantrum every time she doesn't get her way. This is behavior that is expected from people like my 5 year old daughter. My wife and I work very hard to not allow that sort of behavior when our daughter exhibits it as she will eventually learn that it gets her nowhere. Unfortunately far too many people are allowed to reach adulthood without learning that lesson. And this is what happens as a result.

      link to this | view in chronology ]

      • icon
        John Fenderson (profile), 7 Feb 2013 @ 2:46pm

        Re: Re: mental illness

        But when an adult can't help but react to the world like a 5 year old, that adult is suffering from a mental illness.

        link to this | view in chronology ]

        • identicon
          Anonymous Coward, 7 Feb 2013 @ 3:00pm

          Re: Re: Re: mental illness

          So you are saying that ineffective (or the lack of) parenting causes mental illness? And would you then also describe Rupert Murdoch's tirades as mental illness? What about John MacArthur's little screeds? Sure they weren't resorting to threatening people, but they do retain the remnants of a 5 year-old's temper tantrum because they were not getting their way. (And yes I would say those cases are also a result of a lack of or ineffective parenting as well.)

          link to this | view in chronology ]

          • icon
            Nina Paley (profile), 7 Feb 2013 @ 4:54pm

            Re: Re: Re: Re: mental illness

            So you are saying that ineffective (or the lack of) parenting causes mental illness?

            Does it matter what causes it?

            link to this | view in chronology ]

            • identicon
              Anonymous Coward, 8 Feb 2013 @ 4:39am

              Re: Re: Re: Re: Re: mental illness

              Sure it does. Knowing the cause is the first step to solving the problem.

              link to this | view in chronology ]

          • icon
            John Fenderson (profile), 8 Feb 2013 @ 10:27am

            Re: Re: Re: Re: mental illness

            So you are saying that ineffective (or the lack of) parenting causes mental illness?


            No. I'm saying that effective parenting can reduce the effective of certain kinds of mental illness. There are millions of children raised by ineffective (and worse!) parents who grow up to be normal and healthy. Bad parenting can be a factor in these sorts of things, but it's not a cause.

            And would you then also describe Rupert Murdoch's tirades as mental illness?


            Yes. I'm not familiar with John MacArthur. In general, you find a disproportionate percentage of people with power are mentally ill.

            link to this | view in chronology ]

            • identicon
              Anonymous Coward, 11 Feb 2013 @ 10:39am

              Re: Re: Re: Re: Re: mental illness

              John MacArthur is the Harper's guy.

              "children raised by ineffective (and worse!) parents"

              If your last name is "Buhl" and you name child "Teri" that alone should count as child abuse or neglect for the years of torment you will inevitably subject them to. Either that or they were obliviously clueless to that fact which would also explain a lot about how her behavior.

              link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 2:12pm

      Re: mental illness

      Just put a big button with "press here to initiate copyright takedown"...attach trapdoor and set in a public place.....

      link to this | view in chronology ]

    • icon
      That Anonymous Coward (profile), 8 Feb 2013 @ 1:29am

      Re: mental illness

      Ohai Nina!

      It is a long running episode, I finally caved and looked into her other claim to fame. The lawsuit against her.

      After the Judge told her to have no contact with the people she is to alleged to have harassed she got pissy with the Judge and then stood in the hallway breathlessly telling the reporters how it was so unfair that she wouldn't be able to follow up on her underage drinking report that she was contracted to do. Except shes a financial reporter, and picked a bench trial because the media made sure she couldn't get a fair trial...

      She appears to be in a constant delusional state, as I stated below she is moving from funny haha to funny utoh.

      link to this | view in chronology ]

  • identicon
    Virtual TWiT, 7 Feb 2013 @ 12:50pm

    Lordy have mercy.
    Leave it to one little buhlheaded copyright troll pretending to be a one-man Righthaven to cause all this sandbox. Someone please send the protected princess her own sandbox to play in.

    Pass the popcorn. smh.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 12:58pm

    hasn't got Carreon to take her case, has she? if so, perhaps they think that together they will be able to dig the hole that much deeper, that much quicker!

    go for it, Mike. tell her to 'bring it on'!

    link to this | view in chronology ]

  • icon
    akp (profile), 7 Feb 2013 @ 12:59pm

    BRB finding her Twitter account so I can re-tweet everything. Maybe I can get sued too!

    link to this | view in chronology ]

  • identicon
    balaknair, 7 Feb 2013 @ 1:00pm

    Teri Buhl's copyright lawyer

    "how about this - no one who wrote about this little debate has bothered to call an experienced copyright lawyer and get a comment. I did before I wrote Jim."
    Is this lawyer's name Charles Carreon by any chance?

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 1:11pm

    Can anybody offer a psychological explanation on this tendency of legal bullies to double down like this?

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 7 Feb 2013 @ 2:39pm

      Re:

      As previously stated above, it's a condition known as butthurt. (And I do believe that is the clinical term.)

      link to this | view in chronology ]

    • icon
      G Thompson (profile), 7 Feb 2013 @ 10:19pm

      Re:

      The Dunning-Kruger effect is probably pretty prevalent here Though BPD (Butthurt Personality Disorder) also works

      "Why people fail to recognize their own incompetence" (PDF) is a pretty good read though for those wanting the Abstract:
      Successful negotiation of everyday life would seem to require people to possess insight about deficiencies in their intellectual and social skills. However, people tend to be blissfully unaware of their incompetence. This lack of awareness arises because poor performers are doubly cursed: Their lack of skill deprives them not only of the ability to produce correct responses, but also of the expertise necessary to surmise that they are not producing them. People base their perceptions of performance, in part, on their preconceived notions about their skills. Because these notions often do not correlate with objective performance, they can lead people to make judgments about their performance that have little to do with actual accomplishment.

      link to this | view in chronology ]

      • icon
        That Anonymous Coward (profile), 8 Feb 2013 @ 1:32am

        Re: Re:

        its like that "lawyer" we never mention to avoid being added to his Him vs the world lawsuit after people reported the truth about his inability to do the job and his victory laps on facebook about it....

        link to this | view in chronology ]

        • icon
          G Thompson (profile), 8 Feb 2013 @ 6:37am

          Re: Re: Re:

          The one that Crystal Cox is now trying to get into bed with? *literally shudders at that vision*

          yep... ;)

          link to this | view in chronology ]

          • icon
            That Anonymous Coward (profile), 9 Feb 2013 @ 11:11am

            Re: Re: Re: Re:

            YOUR KIDDING?! *jaw drops*
            Are we talking about the same one who blew a murder trial...

            link to this | view in chronology ]

  • identicon
    Mr. Applegate, 7 Feb 2013 @ 1:12pm

    "from the some-free-advice dept"

    Pirate Advice!!! Everyone knows you have to pay, a lot, for advice. Don't be a pirate never read free advice! Go pay for your advice like every good citizen.

    /s

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 1:13pm

    Oh god. I looked at the links in the article, where she was allowed to post her "response" and threatened to sue people. She's leaving comments folks. Amazing, hilarious comments.

    I think I saw one that basically said, "I'm kind of a big deal. So I don't need to know how to spell or use proper punctuation." (Note that those two sentences are my interpretation of what was actually written. They are in no way actual sentences written by Teri, who seems to have studied at the same places our very own darryl went to school. Yeah, she writes at the same level as darryl. It's that bad.)

    link to this | view in chronology ]

  • icon
    Josef Anvil (profile), 7 Feb 2013 @ 1:27pm

    R I F

    Reading is fundamental. IF Teri had a shred of common sense and ANY ability to comprehend what she reads, THEN all she would have to do is click back ONE single article.

    IF she is really that upset, THEN all she has to do is add to the bogus DMCA takedown database. Isn't that the first step in dealing with copyright infringement online?

    Or is she just looking for $150k in statutory damages?

    link to this | view in chronology ]

  • icon
    akp (profile), 7 Feb 2013 @ 1:35pm

    This woman seems like a right prat. I hope she gets the book thrown at her at court in March.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 1:43pm

    She's already appearing in court for posting a teen's diary online. Give her a break, it's all for news!! And think of the children.

    link to this | view in chronology ]

  • identicon
    AC Duck, 7 Feb 2013 @ 1:53pm

    ISP record shows TB Lied about FB Posting

    According to Teri Buhl's Arrest Warrant Doc, Tery Buhl claims she didn't post the underage girl's sex diary contents on Facebook.
    But the warrant shows that the Tasha Moore Facebook Account was logged in by an IP address belonging to Cablevision subscriber Teri Buhl.

    The IP address is included in this arrest warrant doc.
    http://o1.aolcdn.com/hss/storage/patch/978798143daf3c5adf5b3215a7a9f546
    (file is pdf without an extension.
    If you Google for "Tasha Moore" "Teri Buhl", you will get the same link)

    link to this | view in chronology ]

    • icon
      That Anonymous Coward (profile), 8 Feb 2013 @ 1:41am

      Re: ISP record shows TB Lied about FB Posting

      FSM forgive me.
      An IP address does NOT equal a person.
      Without details about her home setup it will be hard to say for certain she is responsible for the posting.
      If she does not have wifi setup, it is more likely.
      If she has stored passwords for the account, yeah it was her.

      And in true failure fashion that doc is not actually redacted. Why do people never learn.

      link to this | view in chronology ]

  • icon
    DanZee (profile), 7 Feb 2013 @ 2:13pm

    Crazy

    She's just plain crazy. This was all fought in the 1990s when various newspapers sued the Drudge Report because he linked to their stories. And news stories always had a fair use exemption when quoting material that was newsworthy. Someone she thinks the Internet is taking money out of her picket, although like the record companies with piracy, she can't demonstrate that.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 2:15pm

    If Carreon took a job with Prenda and represented Teri, the combined hole they'd dig would get so deep so fast that there'd be oil all over the place...and in an ironic twist BP would sue all three for trademark infringement.

    link to this | view in chronology ]

    • icon
      Ninja (profile), 8 Feb 2013 @ 8:05am

      Re:

      I haven't read all comments but heck I'm gonna blatantly infringe the copyrights of a previous anonymous (RIGHT IN YOUR FACE BUHL) and say: Buhlshit.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 2:34pm

    Public Domain

    But honestly Monica, I mean Teri, the web is considered 'public domain' ...

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 2:43pm

    Fun Stuff...

    An idea just occurred to me. Wouldn't it be fun if someone could get 4chan to use one of her tweets for something then alert her to it's existence? Can you imagine the fireworks? THAT would be funny.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 2:43pm

    Too bad the big shots are not as easy to take apart as Teri Buhl.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 3:33pm

    Sometimes it's okay to admit that you were wrong, and to let it go.

    Admitting that you're wrong takes character, self-awareness, humility, and honor.
    In other words, you need to be more complex than a little kid throwing a temper-tantrum. Ms. Bull apparently is not.

    link to this | view in chronology ]

  • icon
    Deimal (profile), 7 Feb 2013 @ 3:35pm

    The Gift

    ...that keeps on giving, is not a free one year subscription to the jelly of the month club, it is ignorant morons on the internet fighting to prove to the world they know more than everyone else, yet succeeding in proving the exact opposite.

    link to this | view in chronology ]

  • icon
    shutslar (profile), 7 Feb 2013 @ 4:19pm

    My grand plan

    If she can win this case I am going to sue Mike and Techdirt for publishing this comment. It's mine! I own it!

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 4:39pm

    I know this doesn't add to an intelligent discussion on the matter but, it needs to be said.

    This is one self-absorbed, dumb cunt.

    link to this | view in chronology ]

  • icon
    vilain (profile), 7 Feb 2013 @ 4:44pm

    Streisand Effect in full force

    With this topic now throughly exhausted, Ms. Buhl continues to dig herself deeper and deeper into the dark hole of "clueless fool". If some attorney decides to take her case, I hope the judge slaps the case with sanctions and this woman walks away with her rectum handed to her in a handbasket.

    Meanwhile, I'm going to CostCo and buy a pallet of microwave popcorn. Between the Righthaven, Preenda, and this case, I'm throughly entertained.

    link to this | view in chronology ]

  • icon
    John85851 (profile), 7 Feb 2013 @ 5:25pm

    Two points...

    1) Everyone should know that people like this will eventually find a sympathetic lawyer (or rather, one who will charge her tons of money to take her case) who will then file the lawsuit on her behalf (again, to make more money), even though he knows it's a waste of his time and the court's time.

    2) Like any bullying, this is all bluster. If you have a lawsuit to file, especially with so much "evidence", you file the lawsuit- you don't go around talking about how someday you're really going to do it.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 5:33pm

    She's gonna get more than 15 minuets of shame I have a feeling.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 6:36pm

    So, how many terrible jokes have as of yet been made?

    link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    anonymouse, 7 Feb 2013 @ 7:17pm

    This woman needs to learn how to behave, seriously sometimes you read a woman's comments and you just know she should be in the kitchen and nowhere near the internet.

    link to this | view in chronology ]

  • icon
    testcore (profile), 7 Feb 2013 @ 8:04pm

    Dear Mz Buhl - Don't like the rules we plays by? Then GTFO.

    Thanks,
    teh interwebz

    link to this | view in chronology ]

  • icon
    That Anonymous Coward (profile), 7 Feb 2013 @ 8:12pm

    Oh sweet FSM let her name me in one of her imaginary lawsuits.

    My life has been a little boring lately, and I could use the sheer joy of tearing her apart loudly and publicly.
    I'm not a coward of means, but I might just might have a little good will saved up with some lawyers who would have a field day on a case like this.

    Ms. Buhl, you have not heeded my sage advice.
    https://www.techdirt.com/articles/20130205/11093021889/teri-buhl-responds-to-our-story-stil l-confused-about-internet-law.shtml#c695
    You REALLY REALLY need to STFU, apologize and hope that removing yourself from the internet will prove the old adage correct that absence makes the heart grow fonder.
    You claim you know how to do research, yet can't be bothered to fact check your own claims.
    You claim to be a journalist, but have no concept of what covering something looks like.
    You claim to have been wronged, but you need to understand your just wrong.

    You need to stop, take a deep breath, untwist your panties, and understand you have destroyed ANY credibility you ever might have had. The damage you have done to yourself might be called career ending. I'm guessing its not much of a career as the claim to fame I keep seeing people talking about associated with you was stealing a girls diary and being stupid about it or something. Your not even interesting enough for me to read those stories, your basic failure to understand or accept that your appearing as a raving psycho screaming how everyone but you is wrong borders on not funny haha but funny utoh.

    Once again my comments are off the record so by your rules you can't use them anywhere else. Neener neener.

    Your in a canoe without a forward locomotive device, and your drilling holes in the hull. Find a grown up to explain it to you, your wrong and anyone telling you otherwise just wants to watch you fall or have you pay them a nice retainer.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 11:21pm

    I just searched Google for "Teri Buhl" - this article is the first result - ahead of her personal site...

    link to this | view in chronology ]

    • icon
      That Anonymous Coward (profile), 7 Feb 2013 @ 11:51pm

      Re:

      You should look at the image search hits... there is a recurring theme when she appears on TV. To keep people distracted from what she is saying she bares as much cleavage as possible.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Feb 2013 @ 11:21pm

    I just searched Google for "Teri Buhl" - this article is the first result - ahead of her personal site...

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 8 Feb 2013 @ 12:25am

    Did this dumb bitch learn from Carreon or what? She just keeps on digging.

    link to this | view in chronology ]

    • icon
      alanbleiweiss (profile), 8 Feb 2013 @ 12:57am

      Re:

      No. That's exactly the problem. She learned from Carreon's "Dummies Guide to Being An Internet Bully". Except she failed to read the final chapter.

      link to this | view in chronology ]

  • identicon
    Will, 9 Feb 2013 @ 4:32pm

    Photo copyright infringement

    The first five points on the list of insanity seems fair enough to me, but I'm curious about the sixth point.

    "6. That republishing her background photo violates her copyright."

    Recently the AFP and Washington Post were found guilty of infringing a photographers copyright by reproducing photos from his twitter account.

    http://www.bjp-online.com/british-journal-of-photography/news/2236638/agence-francepresse-infrin ged-on-photographers-copyright-in-landmark-twitter-case

    I'm assuming similar rules would apply. So my question is how does that case affect the argument she's putting forth?

    link to this | view in chronology ]

  • identicon
    Coyoty, 9 Feb 2013 @ 11:35pm

    She's going to sue for reposting tweets she disputes she sent?

    Will she sue Twitter for the Retweet function?

    link to this | view in chronology ]


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