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#30775 - 08/11/10 11:50 AM Fair use
Lumberjack Offline
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Registered: 07/08/08
Posts: 3486
There are law firms out there scanning blogs and forums looking for reposts of copyrighted information.

http://www.techdirt.com/blog.php?company=righthaven&edition=techdirt

They skip the traditional process of sending a DMCA takedown letter, instead opting for a direct lawsuit in federal court. Since few blogs can afford a federal court case, the blog in question will simply settle out of court.

It's extortion, but what can you do?

In the past, courts have found that "fair use" of copyrighted information;
Quote:
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

http://en.wikipedia.org/wiki/Fair_use#Fair_use_under_United_States_law

The most widely held guideline that I can find is to limit cut and paste discussion to four paragraphs for use "as criticism, commentary, news, research, and educational purposes"

I'm probably the worst offender, so I'll try to comply.

GHTalk probably couldn't defend itself against a frivolous lawsuit, I think the best we can do is to not make it easy for them.
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It is by having hands that man is the most intelligent of animals - Anaxagoras

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#30776 - 08/11/10 01:48 PM Re: Fair use [Re: Lumberjack]
Wally B Offline
old hand

Registered: 11/10/08
Posts: 822
Quote:
It's extortion, but what can you do?

Write letters to groups with conventions in Las Vegas and tell them you won't be attending because of the LVRJ's continuing assaults on free speech.

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#30779 - 08/11/10 07:58 PM Re: Fair use [Re: Wally B]
funkycamper Offline
Carpal Tunnel

Registered: 07/08/08
Posts: 4992
Thanks for the heads up, LJ.

Wally, does a threat work if you wouldn't be attending anyway? I'm just sayin'.
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"If a 'right' exists for me, but not for thee, then it's not a right but a privilege.' - Fred Clark

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#30781 - 08/11/10 08:30 PM Re: Fair use [Re: funkycamper]
Wally B Offline
old hand

Registered: 11/10/08
Posts: 822
Originally Posted By: funkycamper
Wally, does a threat work if you wouldn't be attending anyway? I'm just sayin'.

Depends on how much insight Las Vegas has into my travel plans.

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#30798 - 08/12/10 12:15 PM Re: Fair use [Re: Wally B]
Beavis H. Christ Offline
Carpal Tunnel

Registered: 07/08/08
Posts: 3821
Loc: Heaven. Yeah, cool.
Originally Posted By: Wally B
Quote:
It's extortion, but what can you do?

Write letters to groups with conventions in Las Vegas and tell them you won't be attending because of the LVRJ's continuing assaults on free speech.


Then again, the Daily Hurl is owned by the same company that owns the LVRJ...just sayin'.

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#30806 - 08/12/10 05:01 PM Re: Fair use [Re: Beavis H. Christ]
Lumberjack Offline
Carpal Tunnel

Registered: 07/08/08
Posts: 3486
Originally Posted By: Beavis H. Christ
Originally Posted By: Wally B
Quote:
It's extortion, but what can you do?

Write letters to groups with conventions in Las Vegas and tell them you won't be attending because of the LVRJ's continuing assaults on free speech.


Then again, the Daily Hurl is owned by the same company that owns the LVRJ...just sayin'.


Thanks for pointing that out.
_________________________
It is by having hands that man is the most intelligent of animals - Anaxagoras

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#31277 - 09/08/10 10:29 AM Re: Fair use [Re: Beavis H. Christ]
Wally B Offline
old hand

Registered: 11/10/08
Posts: 822
Originally Posted By: Beavis H. Christ
Then again, the Daily Hurl is owned by the same company that owns the LVRJ...just sayin'.


According to this article the outfit "obtains the rights to the copied work after detecting the infringement and then files a complaint seeking damages".

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