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messygeek
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Keith
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08 Jan 2009, 8:22 am

The link is provided to the original artical... some people ...



0_equals_true
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08 Jan 2009, 9:23 am

This is rather silly. What amounts to one paragraph could come under fair use, besides she did put "Quote" not everybody understands how to cite on a BB. She is simply a member, wrongplanet makes clear that they won't be responsible for what the public posts. You could have just requested that she edit her post, and this would all blow over. WP could well take it down now, but the question still remains: why go to these lengths especially if it ultimately self defeating to your cause?

Also wasn’t it you who used the fair use argument over a T-shirt. Really if you want people to support you, you can’t treat everyone like the enemy.

You are also not allowed to have multiple accounts. I am not sure if you are still banned.



Last edited by 0_equals_true on 08 Jan 2009, 9:38 am, edited 1 time in total.

messygeek
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08 Jan 2009, 9:37 am

0_equals_true wrote:
This is rather silly. What amounts to one paragraph could come under fair use, besides she did put "Quote" not everybody understands how to cite on a BB. She is simply a member, wrongplanet which makes clear that they won't be responsible for what the public posts.

Also wasn’t it you who used the fair use argument over a T-shirt. Really if you want people to support you, you can’t treat everyone like the enemy.



WP is responsible in the eyes of the law of copyright violations they are hosting regardless of there terms of service.

Also the post in question is not a parody, and is a clear cut copy/paste of intellectual property.



0_equals_true
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08 Jan 2009, 9:41 am

Look up fair use. She was simply quoting from the link above it, nothing out of the ordinary. If everybody was given a takedown notice for every paragraph they on the internet, nobody would bother going on it.

Suit yourself.



messygeek
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08 Jan 2009, 9:55 am

0_equals_true wrote:
Look up fair use. She was simply quoting from the link above it, nothing out of the ordinary. If everybody was given a takedown notice for every paragraph they on the internet, nobody would bother going on it.

Suit yourself.


Actually Fair Use is not applicable here as the person in question copied and pasted more then 50% of the final work, while it allows for excerpts of the final work more then half of the final work is not considered an excerpt. Also from the US Copyright office:

Quote:
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.



Fayed
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08 Jan 2009, 12:07 pm

so let me get this strait. Someone posted a paragraph from the aspieweb blogsite, linked to it. Now for some reason the person who runs Aspieweb is claiming its a DMCA violation. Is that about right?

Wow....

So now if someone doesn't ask permission to copy a paragraph from someones blog, that blogger can smack them with a DMCA violation?? Well prepare for none to ever link anything ever a gain. That link is belongs to the site owner, adn using all of it means using more then 50% of the material. They law is very malleable. Wow, things are getting very slippery on this slope.

Sounds like someone trying to be a whistle blower on the huge Jaywalking cartel.

Again, wow, can you say frivolous.

Someone should give Zachary Lassiter a hug ( or some other sensory appropriate action to the same effect, not everyone likes hugs).



0_equals_true
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08 Jan 2009, 12:14 pm

A word count says the paragraph in question is 70 words and the article is 181 words. 50% of 181 is 90.5 words.

It also remains to be seen how much of the original content could be deemed to be that original. This is not a thorough article or a book, and it is describing a event that is already widely circulated.

Plus you blog has a feed. Are you going to put take down notices to google reader/blog search and so forth? How about good old google web cache?

You can’t control how your article is presented in a feed reader or browser and anyone can change that.



Last edited by 0_equals_true on 08 Jan 2009, 12:22 pm, edited 1 time in total.

messygeek
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08 Jan 2009, 12:21 pm

0_equals_true wrote:
A word count says the paragraph in question is 70 words and the article is 181 words. 50% of 181 is 90.5 words.

It also remains to be seen how much of the original content could be deemed to be that original. This is not a thorough article or a book, and it is describing a event that is already widely circulated.

Plus you blog has a feed. Are you going to put take down notices to google reader/blog search and so forth?

You can’t control how your article is presented in a feed reader or browser and anyone can change that.


Feed readers are different as they are clients not a commercial website like WP that serves clients, also the whole article is not presented in the feed as well. So your points are irrelevant.



0_equals_true
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08 Jan 2009, 12:26 pm

Point irrelevant? I know what 50% is, that is your point.


The whole article is presented in Google cache. You could say also that Google is impersonating your site.


Some feed are inline on websites. That is what makes the format versatile.



messygeek
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08 Jan 2009, 12:30 pm

0_equals_true wrote:
Point irrelevant? I know what 50% is, that is your point.


The whole article is presented in Google cache. You could say also that Google is impersonating your site.


Some feed are inline on websites. That is what makes the format versatile.


No, I'm not. And google provides a way of removing your website from their cache and indexing if you wish. The point remains that its removed within 24 hours of the complaint or lawsuit. I'm sick of my work being copied and pasted all over forums and I need to make a stand to protect my intellectual property.



0_equals_true
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08 Jan 2009, 12:38 pm

Like I said it is not 50% as you said, so I don't see how the complaint still stands.

Do as you choose. I guess it depend on what you primary objective is. Do you realize that your content that close to a link, is an ok referral for Google. Or is this action to get more publicity still? I wonder what the law says on publishing take down notices, before action.

Why don't you follow your own advice in the following article?
http://www.aspieweb.net/aff-is-like-joh ... sm-speaks/
What makes you think you are such an effective advocate?

Really, how widespread is the piracy of your site? It is news to me.



0_equals_true
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08 Jan 2009, 12:43 pm

The whole issue of "intellectual property" is a controversial one. But even with the most copy right position you are at the thin end of the stick.



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08 Jan 2009, 12:50 pm

Solution: When performing a Copy/Paste operation, re-edit the pasted text. Paraphrase each sentence, uses synonyms and euphemisms, and re-arrange the paragraphs. Thus, while the meaning would remain the same, the final post would differ radically from the original work, and a DMCA-based lawsuit would be tossed out.

I think the law allows for as little as a 15% change in actual content to bypass any copyright infringement, but I'm not sure on this point. A little help, please?


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messygeek
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08 Jan 2009, 1:01 pm

I just had 2 phone calls with wrongplanet.net's host. As of right now they are attempting to get a hold of Alex Plank about this matter to confirm he is aware of it.



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08 Jan 2009, 4:52 pm

In the WP link given in your "legal document," you are the one who re-posted a CNN article from your own website. You have thusly put it up for discussion.

http://www.wrongplanet.net/postp1959264.html#1959264

Here is what you quoted from CNN (attributed):

Quote:
A special needs adult with cerbal palsy was left on a bus New Years Eve all night in New York City - with temperatures plummeting below 15 degrees.

According to his sister Edwin Rivera was found “cold, very cold” with “blue fingers.” Edwin Rivera is currently recovering in the hospital and is doing much better according to the CNN Article.

Linda Hockaday, 51 a driver’s assistant for Outstanding Transport, Inc was arraigned Friday on first and second degree reckless endangerment charges. According to a criminal complaint filed by the prosecutors Hockaday was aware Edwin Rivera was on the van, but refused to report it to the driver as she had an appointment and did not want to retrace the bus route. If convicted she may face up to 7 years.


Here is what KaliMa quoted from your own post:
Quote:
Linda Hockaday, 51 a driver’s assistant for Outstanding Transport, Inc was arraigned Friday on first and second degree reckless endangerment charges. According to a criminal complaint filed by the prosecutors Hockaday was aware Edwin Rivera was on the van, but refused to report it to the driver as she had an appointment and did not want to retrace the bus route. If convicted she may face up to 7 years.


Here is the original CNN post:
Quote:
CNN

NEW YORK (CNN) -- A bus driver's helper is facing criminal charges after she allegedly overlooked a 22-year-old special needs student, who spent New Year's Eve alone in a freezing bus depot, police said.
A cerebral palsy patient spent Wednesday night inside a frigid bus in a New York transportation depot.

A cerebral palsy patient spent Wednesday night inside a frigid bus in a New York transportation depot.

Edwin Rivera, who has cerebral palsy, was left on a privately run school bus Wednesday night, authorities said.

Temperatures in New York plummeted to 15 degrees before he was found early Thursday. Rivera was taken to Brookdale University Hospital, where he was recovering Friday, according to hospital officials.

When he was found, Rivera was "cold, very cold," his sister, Leslie Rivera, told CNN affiliate News 12 Long Island. "His fingers were blue."

Linda Hockaday, 51, who helps the school bus driver, faces charges of first- and second-degree reckless endangerment. She was arraigned Friday.

Hockaday was aware Rivera was asleep on the bus, but did not inform the driver he was there, prosecutors allege in a criminal complaint. She didn't want to retrace the bus route and take Rivera home because she had to get to an appointment, the complaint said.

If convicted, Hockaday could face a sentence of up to seven years.

The bus driver has not been charged in the case.

The bus company, Outstanding Transport Inc., refused comment.

On its Web site, Outstanding Transport bills itself as "New York City's leader in meeting the transportation needs for the elderly and for handicapped adults.

"While some companies use old school buses, OTI maintains a high quality fleet of specialized vehicles suitable for their special-needs clients," the Web site says.

Rivera's parents reported him missing Wednesday after he failed to return home from his school, run by the Federation Employment and Guidance Service, which refused to comment.

Leslie Rivera told News 12 she would like to put the incident behind her and is now focused on her brother's condition.

"He is doing much better," she said. "He perked up. He started singing."

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Note that CNN gives permission to Share the article in many forms.

By the way, when you made an obtuse reference to KaliMa stealing copyrighted material, she outright stated confusion as to what you were referring (thinking that you were referring to her avatar). Your response was:
Quote:
Actually no, copying and pasting paragraphs from a website is a flagrant abuse of copyright.
This is incorrect.

Her quote of the material was entirely within Fair Use, as it was a small portion of material, and the quote was commented upon, a requirement of Fair Use; it was not simply a cut-and-paste. She was totally within the law, as is Alex for allowing it.

You set the precedent by posting material from your own website in a thread that was certain to get a sympathetic reaction to the treatment of the disabled man. To post it here on WP and then go after Alex, (WP) is hypocritical.

In addition, you went on to comment about the article, further obfuscating any claim, as you had ample opportunity to make whatever grievance you had clear at that point. Why would you post the article if you didn't expect a response, including small quotations to reference the article?