WAY WAY OT: All this talk of "inetellectual property" has me worried...

Yes you do have to worry about this one... You're pretty lucky that Venice Magazine didn't find out about you and go after you first. Do yourself a favor and remove the suspect material and pray that the author doesn't pursue this further.

The basic problem is that often some people think that because someone will view something for free, they will also pay to see or read it. For instance, a record company claims that they lost $X to music file sharing by taking the number of songs and multipling it by some figure. Actually, they probably lost $X/10000 once people who went out and bought the CD anyway and people who wouldn't have bought the CD with or without the file sharing are accounted for.

That said, if someone was using something I'd wrote online that was old and nobody would pay for, I'd want to be able to dictate some conditions on it's use. Maybe only quote revelant sections with proper footnoting/credit, put it on my own site with a link, or if the person was an ass, removal.

Now, I've had stuff I've coded swiped, etc. It's not enjoyable especially when it's used in direct competition. However, eventually they were beaten without going to lawsuits, but I documented what they had done, their admissions of such, etc.

I did offer to remove the article, but she ignored that offer, proving she would rather be a bitch than be reasonable. Yeah, it makes sense that she would want to sue a stay at home mom who put a fan site together. *rolling eyes*

If it will get a her a few bucks to sue you that is probably what she is going to do. I'm betting the next person you hear from is her lawyer as they try to shake you down and avoid actually going to court. If I were you I'd remove teh article as soon as possible, that is if you want to avoid being sued. I know it's hard to believe but the legal system here in the US has replaced the lottery as fa avored place to gamble.

For your own safety I'd just remove it... the person seems like a genuine asshole anyway & is just a waste of bandwidth for visitors & a waste of space to your webserver. Replace the article with something more interesting. Oh also... don't put anything on your site that is in the emails... or you're asking for more trouble ;D.

-Mike

at 14 Nov 2003, Kelley [ snipped-for-privacy@earthlink-nospam-.net] wrote in news:6w8tb.367$ snipped-for-privacy@newsread1.news.atl.earthlink.net:

I second that. The fact your website is a fan site and/or not for profit does not detract from the fact that you offer copyrighted material which is not your property and for whch you do not have a release from the copyright holder to offer.

Check mots web hosting providers, in their AUP/TOS they have a clause about using copyrighted material not being allowed. Unless you are hosting the site yourself, said person or the magazine could complain to your hosting company and have your site shut down...

I know it sucks Cindy, but this is no longer the 'good ole internet' from several years ago where everything was 'share and share alike'. This little article could get you in a lot of hot water...

I also strongly suggest to remove said material right now.

I also agree. You don't need the agravation that can result from this, unless you have written permission to use the article from the magazine. Better to let the person who is acting like a bitch feel that she has won rather than having to deal with the court system.

Sorry to be not agreeing with you, but that's life.

I'm sure that there are several superior articles that you can use that won't be ticking legal time bombs...

1. Remove the article
2. Tell her to sue you, it will cost them more than that in legal fees.

I just don't understand why this is such a big issue. And it makes me ask, "Why me?" Shit, I mind my own business 99% of the time, and maintain a site devoted to an actor that few people can find information on. That stupid cow should be grateful for whatever publicity she gets!

I guess so.

Yes, but who's next? Surely she won't be the last, nor will I. GeoCities tried to shut my site down, and in fact they did for many months, and after repeatedly asking why, they would tell me something about copyright infringement. I asked what material I should remove, but they never answered. Then, for no reason, they restored my site. Wtf? I never removed anything. Eventually I moved my site to a server in Sweden.

Cindy '96 laser red auto GTS

I know where you're going with this... giving full credit is not enough to potect you if the material is copyrighted.

Where's the site?

You do have proveable permission to use the material, right?

Not good. In hindsight... not good at all. She's may be tired of being scoffed at. hmmmm...

Probably reasonable. I have no knowledge of the material or the details... but sounds pretty legit, so far.

A few possibilities... two right off... she dropped the issue for various reasons... she's been advised by a lawyer to kill all contact...

Most definitely.

Whoops.

BIG WHOOPS.

It ain't yours.

So?

As do thousands of other people. It just mystifies me that the author could be so petty... Sue away I say. She'll get nothing.

It's a server in another country. I don't know how they will go about it if they decide to pursue. So, they shut the site down, big deal. I'll just move it.

If they can find me! Anyway, it doesn't seem to matter to her if I remove the article, her mind was made up long ago. I offered and she only ignored me. Furthermore, how do I know she is who she says she is? Not that I get alot of prank type emails from the site (in fact I get none!), but she could be somebody messing with me. She actually expected me to send a $5000 check to an address in an email. LOL!

Eh, maybe later. ;-)

Cindy '96 laser red auto GTS

Somewhere in cyberspace.

Of course not. Why would I be asking for advice otherwise?

I was very polite in the beginning and said people really enjoy reading hers and others' articles. Then I asked if she would like me to remove the article. She answered with a threatening email, ignoring my offer of removal. It was only then I began scoffing.

May be legit, but it's petty. I'd like to see her take this to court, I really would!

Probably the former.

Hindesight truly is 20/20. I am not worried at this point.

If she politely asks me to remove the article I will! It's that simple. And if she proves to me she is the author... I don't appreciate threats, nor will I bow down to them.

Nope.

Whatever.

Peticular? You mean particular, I guess?

I'm sure you understand what I mean, right?

Of course I did, but I've had that article on my site for six years now, and never a word from that writer. Besides, I am not the only person operating a fansite to reproduce copyrighted material. You can't go ten minutes on the internet without witnessing copyright infringment of some kind, you just have to know where to look.

I can certainly understand where the artist is coming from, but I cannot understand the need to stifle creativity of any kind, and especially that on such a small scale as my little site. I have found the biography I wrote on this actor on somebody elses site, without credit to me, the author. No, it was not copyrighted, nor did I throw a temper tantrum over it.

If she had only been polite and explained to me it was offensive to her that the article was on my site, I would have complied. She never wanted me to remove the article, and she DEMANDED payment for use of said article during a one year period (why it's been on my site for six?) So, you see, she doesn't care if I remove it, she will still seek legal action.

I still say bring it on. It's only a waste of time, for both of us.

Well, back to Mustangs.

Cindy '96 laser red auto GTS

at 14 Nov 2003, C. Olofsson [ snipped-for-privacy@cox.net] wrote in news:Gditb.3798$cX1.1575@fed1read02: Dear Cindy

Don't be so sure hon. Even with the server being in Svenska as I heard you say earlier, you, the 'copyright violater' are in the USA and subject to US law.

If it is where you said a while ago it was, they are prtetty strict about copyright as well, it being a EU country. So they shut it down and you move it. She complains, they shut you down and you move it again. Meanwhile she collects evidence about your repeated violations and finds herself an 'ambulance chaser' who'll do the 'no cure no pay' deal. You may be right about her getting nothing, but you'll have to get legal advice, appear in court, etc etc etc. Is it really worth all that?

Believe me, it's easier to find you than you think. Especially if she has the law on her side. I've been there about 5 years ago when a group of us in Holland took on Scientology by posting the transcript of a lawsuit (Fishman affadavit) on the web. This affadavit was actually public record but still Scientology harassed us, the ISP's hosting us and even went to court over it. The lost the case, of course, but if it hadn't been for some sympathetic lawyers and ISP's, we would have had a substantial legal bill. It was fun though having the whole courtroom full of people wearing black t-shirts with the text of the affadavit printed on the front. I still have mine somewhere. :-)

"C. Olofsson" wrote in news:WP7tb.2639$cX1.2617@fed1read02:

Hi Cindy,

Yes you do have something to worry about. I run a site similar to yours, as do many of my friends. Many of them have been shut down. One was for using a magazine image without permission. :(

She *can* sue you, but whether she will or not depends how deep her pockets are and if she is feeling pissy.

Somethings are copyright and somethings are not. Posts on here are not, and can be archived and used anywhere. Please remember that Usenet is NOT on the Internet, nor on the Web, it merely sends traffic tru it. You are not viewing this post on the web

*or* the internet. You are viewing it on another computer called a newserver. It'll have a huge hard drive and a kickass processer, but it's not much different to your own computer. You merely use the Internet to connect to it, and your software to read it, but it is NOT on the Net itself.

Displaying copyright images from magazines - or even TV shows - is a different kettle of fish entirely and can get you in trouble if you come to their attention.

Fox lawyers have just shut down a FanFiction site. Fan Fic has been going on since the days of Startrek (the original) and though it *does* technically infringe copyright and trademarks, the suits usually turn a blind eye because nobody makes any money. Not this time. Depends how pissy they are feeling.

In your place I'd hope she was bluffing, or offer a grovelling apology and pray like mad she doesn't take it further. ;)

The fact that you offered to remove the contentious interview will be helpful to your case.

Watch your back.

MTT _______

The smaller the mind the greater the conceit. Aesop (~550 BC)

Thanks for the advice, MTT. I know what I'm doing is risky, and maybe I will remove it, but for now I'm going to see where it goes. I'm not so naive that I think she can't find me, but I'd like her to try. As for shutting the site down, she needs to deal with the Swedish server the site is on.

I know, Paul. But for now I'm going to see what happens. I must admit I'm a little nervous about it and will probably remove the article soon.

Probably not. :-) But I have a feeling removing it won't help me now, she's already made her decision.

Heh hehe. :-) That's pretty funny, to read anyway. I know you and others are right about me needing to remove the article. It just infuriates me that she can be so petty. I mean, what a disgusting human being she must be...or maybe she's been through something else similar and it left a bad taste in her mouth. But I still can't get past her DEMANDING I pay restitution to her for something so small, when I plainly stated I wasn't going to do that even if it was a financial possibility and that if she preferred I would remove the material!

Thanks, Paul!!

Cindy '96 laser red auto GTS

I think to be SAFE I'd remove it... but it still won't do all that much good. If the person thinks it's only been there for one year & it's been there for six... where'd she get her info from? Surely she wasn't monitoring your site for a year... after researching a site for a year she'd surely find out more about the site & yourself. I'd make her prove who she is... anybody can easily send out spoofed email (in the header at least). Frankly, I think it may be just some asshole jerking your chain. Take the physical address she provided and look it up on

or & find out more info on it. Look at her emails "message source" and find out where the emails are really coming from. Find out anything you can on this person. Just my .02 cents.

-Mike

"C. Olofsson" wrote in news:aHttb.6037$cX1.2077@fed1read02:

Ah, that'll help. Take much longer to deal with at the very least.

You could always try a Russian server, she won't have much luck there. Or maybe a French one. ;)

Good luck!

MTT _______

The smaller the mind the greater the conceit. Aesop (~550 BC)