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):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.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…
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:
- That republishing tweets designated "not for publication" can be the basis for a lawsuit.
- 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?").
- That I libeled her.
- That retweeting "protected" tweets can be the basis for a lawsuit ("I think the question is if tweets are protected are they public").
- That republishing her tweets violates her copyright.
- That republishing her background photo violates her copyright.
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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again...
This is good.
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FTFY.
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"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! :)
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Mrs. Carreon?
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Re: Mrs. Carreon?
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Re: Mrs. Carreon?
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Doubling Down on Stupid
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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. :)
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Grammar!
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.
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Re: Grammar!
One person learning to be stupid doesn't make the teacher any less stupid for the teaching
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Re: Re: Grammar!
Yeah. It's like the "Programmer's Paradigm: As soon as you make something idiot-proof, someone makes a better idiot".
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-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.
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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.
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Just a thought!
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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. :-)
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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.
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But I still reserve the right to ridicule those who use txtspeek in public conversations.
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'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
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I just realised she's been spelling it "jurno". I think I must have been inserting the missing "o" subconsciously.
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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.
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Hey...all this stuff with Mr. Carreon, Prenda etc must be actually REVERSING the popcorn loses to those 'damn terrorist pirates'
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This is going to be fun
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Missing Something
/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.
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Re: Missing Something
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It's pretty much the basis of what this site covers.
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Laws
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Self control
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.
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Teri took my advice
And so she is.
[Grabs more popcorn]
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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.
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Joe's frustration stems from unrequited love.
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What exactly do you mean by big boy fun? This isn't that kind of site.
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"So glad you found a half-wit to do battle with."
So glad you found ANOTHER half-wit to do battle with.
FTFY
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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!)
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Now you're just being creepy.
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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"
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Legal fees?
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Re: Legal fees?
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.
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She's suing the wrong target
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Re: She's suing the wrong target
If someone did that to YOU, would you taunt it even more?
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Permission
You're not the "journo" here, dear. You're the story.
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Re: Permission
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mental illness
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Re: mental illness
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Re: mental illness
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Does it matter what causes it?
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Re: Re: Re: Re: 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.
Yes. I'm not familiar with John MacArthur. In general, you find a disproportionate percentage of people with power are mentally ill.
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"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.
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Re: mental illness
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Re: mental illness
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.
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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.
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We need spoilers, though I suspect this isn't going to end well for Mrs. C.
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go for it, Mike. tell her to 'bring it on'!
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Teri Buhl's copyright lawyer
Is this lawyer's name Charles Carreon by any chance?
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"Why people fail to recognize their own incompetence" (PDF) is a pretty good read though for those wanting the Abstract:
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yep... ;)
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Are we talking about the same one who blew a murder trial...
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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
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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.)
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R I F
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?
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ISP record shows TB Lied about FB Posting
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)
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Re: ISP record shows TB Lied about FB Posting
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.
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Crazy
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Public Domain
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Re: Public Domain
Got any good recipes?
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Fun Stuff...
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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.
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The Gift
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My grand plan
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This is one self-absorbed, dumb cunt.
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Streisand Effect in full force
Meanwhile, I'm going to CostCo and buy a pallet of microwave popcorn. Between the Righthaven, Preenda, and this case, I'm throughly entertained.
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Two points...
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.
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Teri Buhl digs a hole. Man, women are so silly.
Come on, mate. Surely you're better than that.
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Thanks,
teh interwebz
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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.
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Photo copyright infringement
"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?
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Will she sue Twitter for the Retweet function?
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