Webmaster forum - How to report Plagiarism ?

Author

How to report Plagiarism ?

khabri

2005-12-25, 6:24 pm

I see this website www.techwhack.com stealing content from every major
news network and publishing on it's own site as a blog without even god
damm courtesy to specify where they stole the content from.

How are you folks dealing this with ?

Thanks

Sharif Karim

2005-12-25, 6:24 pm

khabri wrote:
> I see this website www.techwhack.com stealing content from every major
> news network and publishing on it's own site as a blog without even god
> damm courtesy to specify where they stole the content from.
>
> How are you folks dealing this with ?
>
> Thanks
>

I'm devastated...

--
Sharif Karim - Attempting To Take Over Your Internet
http://sharifkarim.blogspot.com

Ed Jay

2005-12-25, 6:24 pm

hug

2005-12-25, 6:24 pm

"khabri" <khabri@XXXXXXXXXX> wrote:

>I see this website www.techwhack.com stealing content from every major
>news network and publishing on it's own site as a blog without even god
>damm courtesy to specify where they stole the content from.
>
>How are you folks dealing this with ?
>
>Thanks

Copyright infringement is basically a civil crime, and if you tell the
offending website's hosting company and they don't put a stop to it,
they become an accessory after the fact and can be sued along with the
offending site's owner. Web hosting companies aren't stupid, they
know that condoning a copyright-infringement situation puts them in
financial jeapordy. Report it to the site's hosting company, if that
doesn't do the trick rent a pitbull lawyer.

It's a shame there isn't some association folks can join that keeps
half a dozen or more pitbull lawyers on retainer, both for copyright
infringement of website content, and of copyrighted software. Maybe
there is such an association but I'm not aware of it. Somebody could
probably make a nice profit off the difference between membership dues
and attorney retainers. If there was such an association it seems
likely to me that thousands and thousands of website owners and
software developers would be more than happy to kick in a hundred
bucks a year, two hundred, who knows.

--
http://www.ren-prod-inc.com/hug_sof...?action=contact

John Bokma

2005-12-25, 6:24 pm

Ed Jay <edMbj@aes-intl.com> wrote:

> I also spell His name God, with an upper-case 'G.' (Especially on
> christmas.) ;-)

Odd, why?

--
John PERL SEO tools: http://johnbokma.com/perl/
or have them custom made
Experienced (web) developer: http://castleamber.com/

Jerry Stuckle

2005-12-25, 10:31 pm

hug wrote:
> "khabri" <khabri@XXXXXXXXXX> wrote:
>
>
>
>
> Copyright infringement is basically a civil crime, and if you tell the
> offending website's hosting company and they don't put a stop to it,
> they become an accessory after the fact and can be sued along with the
> offending site's owner. Web hosting companies aren't stupid, they
> know that condoning a copyright-infringement situation puts them in
> financial jeapordy. Report it to the site's hosting company, if that
> doesn't do the trick rent a pitbull lawyer.
>

Actually, not true in the U.S. Congress passed a law around four or
five years ago (I'd have to go back and look it up) which basically said
hosting companies, ISP's, etc. are immune from lawsuits regarding
content posted by others.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
==================

Paul Ding

2005-12-25, 10:31 pm

On Sun, 25 Dec 2005 12:45:43 -0800, Ed Jay <edMbj@aes-intl.com> posted
something that included:

>"khabri" <khabri@XXXXXXXXXX> wrote:

[color=darkred]
[color=darkred]
>Personally, I've learned to mind my own business.

>I also spell His name God, with an upper-case 'G.' (Especially on
>christmas.) ;-)

You're referring to the god of the Israelites, also known as The Lord,
Yahweh, and Jehovah, as well as God.

She apparently is referring to the god of the internet.

The ten commandments starts out, "I am The Lord, thy god, thou shalt
have no other gods before thee."

But since Jehovah came first, and the god of the internet only arrived
once Al Gore invented an internet that had already existed the better
part of two decades, the god of the internet is *after*, rather th
--
If we're losing 40-130 species a day,
How come nobody can itemize them?
And why can't fruitflies be one of them?

hug

2005-12-25, 10:31 pm

Jerry Stuckle <jstucklex@attglobal.net> wrote:

>hug wrote:
>
>Actually, not true in the U.S. Congress passed a law around four or
>five years ago (I'd have to go back and look it up) which basically said
>hosting companies, ISP's, etc. are immune from lawsuits regarding
>content posted by others.

Are you certain of that, Jerry? It sounds like something Congress
would do. Guess it's down to pitbull lawyers or a visit from uncle
Guido, eh?

--
http://www.ren-prod-inc.com/hug_sof...?action=contact

Jerry Stuckle

2005-12-25, 10:31 pm

hug wrote:
> Jerry Stuckle <jstucklex@attglobal.net> wrote:
>
>
> Are you certain of that, Jerry? It sounds like something Congress
> would do. Guess it's down to pitbull lawyers or a visit from uncle
> Guido, eh?
>

Yep.

The reasoning was - ISP's, etc. cannot be expected to monitor everything
on their systems for potential illegal postings, etc. that they didn't
make.

It's similar to the phone company - if you were to make a threatening
phone call, the phone company would not be responsible. Or, if you sent
a threatening letter, the Postal Service or whomever would not be held
responsible.

This also included hosting companies, who cannot be held responsible for
illegal postings by their customers.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
==================

Ed Jay

2005-12-26, 3:20 am

John Bokma <john@castleamber.com> wrote:

>Ed Jay <edMbj@aes-intl.com> wrote:
>
>
>
>Odd, why?

It's her first name. :-)

--
Ed Jay (remove M to respond by email)

John Bokma

2005-12-26, 3:20 am

Ed Jay <edMbj@aes-intl.com> wrote:

> John Bokma <john@castleamber.com> wrote:
>
>
> It's her first name. :-)

And hence you spell *his* name with a capital G?

--
John PERL SEO tools: http://johnbokma.com/perl/
or have them custom made
Experienced (web) developer: http://castleamber.com/

NotMe

2005-12-26, 3:21 am

"hug" <contact_info@sig_line.clickit> wrote in message
news:9j0uq1hutu8oi5g4sgmgt89p53n0pvnjlg@4ax.com...
| "khabri" <khabri@XXXXXXXXXX> wrote:
|
| >I see this website www.techwhack.com stealing content from every major
| >news network and publishing on it's own site as a blog without even god
| >damm courtesy to specify where they stole the content from.
| >
| >How are you folks dealing this with ?
| >
| >Thanks
|
| Copyright infringement is basically a civil crime, and if you tell the
| offending website's hosting company and they don't put a stop to it,
| they become an accessory after the fact and can be sued along with the
| offending site's owner. Web hosting companies aren't stupid, they
| know that condoning a copyright-infringement situation puts them in
| financial jeapordy. Report it to the site's hosting company, if that
| doesn't do the trick rent a pitbull lawyer.
|
| It's a shame there isn't some association folks can join that keeps
| half a dozen or more pitbull lawyers on retainer, both for copyright
| infringement of website content, and of copyrighted software. Maybe
| there is such an association but I'm not aware of it. Somebody could
| probably make a nice profit off the difference between membership dues
| and attorney retainers. If there was such an association it seems
| likely to me that thousands and thousands of website owners and
| software developers would be more than happy to kick in a hundred
| bucks a year, two hundred, who knows.
|
| --
| http://www.ren-prod-inc.com/hug_sof...?action=contact

a third party report/complaint will not have much if any effect as the third
party does not have a legal standing to complain much less know if there is
a licensing agreement covering the matter. In fact the third party may be
legally at risk under torturous interference. (not sure of the spelling or
even the exact legal term)

NotMe

2005-12-26, 3:21 am

"Jerry Stuckle" <jstucklex@attglobal.net> wrote in message
news:HbadnfCokoawtzLeRVn-sQ@comcast.com...
| hug wrote:
| > "khabri" <khabri@XXXXXXXXXX> wrote:
| >
| >
| >>I see this website www.techwhack.com stealing content from every major
| >>news network and publishing on it's own site as a blog without even god
| >>damm courtesy to specify where they stole the content from.
| >>
| >>How are you folks dealing this with ?
| >>
| >>Thanks
| >
| >
| > Copyright infringement is basically a civil crime, and if you tell the
| > offending website's hosting company and they don't put a stop to it,
| > they become an accessory after the fact and can be sued along with the
| > offending site's owner. Web hosting companies aren't stupid, they
| > know that condoning a copyright-infringement situation puts them in
| > financial jeapordy. Report it to the site's hosting company, if that
| > doesn't do the trick rent a pitbull lawyer.
| >
|
| Actually, not true in the U.S. Congress passed a law around four or
| five years ago (I'd have to go back and look it up) which basically said
| hosting companies, ISP's, etc. are immune from lawsuits regarding
| content posted by others.

Does not apply to copyright in fact the liability is greater under the DMCA
but requires a complaint from the holder of the copy right not a third
party.

Matt Probert

2005-12-26, 6:17 am

On Sun, 25 Dec 2005 20:09:12 GMT, Sharif Karim <sharif@nyc.rr.com>
wrote:

> khabri wrote:
>
> I'm devastated...
>

LOL!

Matt

--
The Probert Encyclopaedia - Beyond Britannica
http://www.probertencyclopaedia.com

hug

2005-12-26, 6:52 pm

"NotMe" <me@privacy.net> wrote:

>
>"Jerry Stuckle" <jstucklex@attglobal.net> wrote in message
>news:HbadnfCokoawtzLeRVn-sQ@comcast.com...
>| hug wrote:
>| > "khabri" <khabri@XXXXXXXXXX> wrote:
>| >
>| >
>| >>I see this website www.techwhack.com stealing content from every major
>| >>news network and publishing on it's own site as a blog without even god
>| >>damm courtesy to specify where they stole the content from.
>| >>
>| >>How are you folks dealing this with ?
>| >>
>| >>Thanks
>| >
>| >
>| > Copyright infringement is basically a civil crime, and if you tell the
>| > offending website's hosting company and they don't put a stop to it,
>| > they become an accessory after the fact and can be sued along with the
>| > offending site's owner. Web hosting companies aren't stupid, they
>| > know that condoning a copyright-infringement situation puts them in
>| > financial jeapordy. Report it to the site's hosting company, if that
>| > doesn't do the trick rent a pitbull lawyer.
>| >
>|
>| Actually, not true in the U.S. Congress passed a law around four or
>| five years ago (I'd have to go back and look it up) which basically said
>| hosting companies, ISP's, etc. are immune from lawsuits regarding
>| content posted by others.
>
>Does not apply to copyright in fact the liability is greater under the DMCA
>but requires a complaint from the holder of the copy right not a third
>party.

It sounds like there's some contention regarding the situation.
Lawyers love that kind of confusion.

--
http://www.ren-prod-inc.com/hug_sof...?action=contact

hug

2005-12-26, 6:52 pm

Jerry Stuckle <jstucklex@attglobal.net> wrote:

>hug wrote:
>
>Yep.
>
>The reasoning was - ISP's, etc. cannot be expected to monitor everything
> on their systems for potential illegal postings, etc. that they didn't
>make.
>
>It's similar to the phone company - if you were to make a threatening
>phone call, the phone company would not be responsible. Or, if you sent
>a threatening letter, the Postal Service or whomever would not be held
>responsible.
>
>This also included hosting companies, who cannot be held responsible for
>illegal postings by their customers.

Well I can understand that line of reasoning. However I'll bet that
if you could prove that you notified the hosting company and they
allowed the copyright infringement to continue, a jury might pony up a
few bucks. Who knows, it certainly doesn't hurt to notify the hosting
company, you might get lucky and run into an ethical one, wouldn't
that be a hoot? <g>

--
http://www.ren-prod-inc.com/hug_sof...?action=contact

NotMe

2005-12-26, 6:52 pm

"hug"
| >| >
| >| >
| >| >>I see this website www.techwhack.com stealing content from every
major
| >| >>news network and publishing on it's own site as a blog without even
god
| >| >>damm courtesy to specify where they stole the content from.
| >| >>
| >| >>How are you folks dealing this with ?
| >| >>
| >| >>Thanks
| >| >
| >| >
| >| > Copyright infringement is basically a civil crime, and if you tell
the
| >| > offending website's hosting company and they don't put a stop to it,
| >| > they become an accessory after the fact and can be sued along with
the
| >| > offending site's owner. Web hosting companies aren't stupid, they
| >| > know that condoning a copyright-infringement situation puts them in
| >| > financial jeapordy. Report it to the site's hosting company, if that
| >| > doesn't do the trick rent a pitbull lawyer.
| >| >
| >|
| >| Actually, not true in the U.S. Congress passed a law around four or
| >| five years ago (I'd have to go back and look it up) which basically
said
| >| hosting companies, ISP's, etc. are immune from lawsuits regarding
| >| content posted by others.
| >
| >Does not apply to copyright in fact the liability is greater under the
DMCA
| >but requires a complaint from the holder of the copy right not a third
| >party.
|
| It sounds like there's some contention regarding the situation.
| Lawyers love that kind of confusion.

Only contention is in this news group. Courts have already ruled -- pay up.
About the only issue not fully resolved is the question of using Trade
Mark/Trade Name is a key word search and that will pay out between the
really big boys.

Jerry Stuckle

2005-12-26, 6:52 pm

hug wrote:
> Jerry Stuckle <jstucklex@attglobal.net> wrote:
>
>
>
>
> Well I can understand that line of reasoning. However I'll bet that
> if you could prove that you notified the hosting company and they
> allowed the copyright infringement to continue, a jury might pony up a
> few bucks. Who knows, it certainly doesn't hurt to notify the hosting
> company, you might get lucky and run into an ethical one, wouldn't
> that be a hoot? <g>
>

Nope, they can't do it. The judge would be forced to dismiss the case.

And hosting companies are not lawyers, nor are they expected to hire one
every time someone comes up with a complaint about possible copyright
violations.

After all, what's to prevent me from stealing content from your site,
then telling your host you're in violation because you copied my site?

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
==================

Jerry Stuckle

2005-12-26, 6:52 pm

NotMe wrote:
> "Jerry Stuckle" <jstucklex@attglobal.net> wrote in message
> news:HbadnfCokoawtzLeRVn-sQ@comcast.com...
> | hug wrote:
> | > "khabri" <khabri@XXXXXXXXXX> wrote:
> | >
> | >
> | >>I see this website www.techwhack.com stealing content from every major
> | >>news network and publishing on it's own site as a blog without even god
> | >>damm courtesy to specify where they stole the content from.
> | >>
> | >>How are you folks dealing this with ?
> | >>
> | >>Thanks
> | >
> | >
> | > Copyright infringement is basically a civil crime, and if you tell the
> | > offending website's hosting company and they don't put a stop to it,
> | > they become an accessory after the fact and can be sued along with the
> | > offending site's owner. Web hosting companies aren't stupid, they
> | > know that condoning a copyright-infringement situation puts them in
> | > financial jeapordy. Report it to the site's hosting company, if that
> | > doesn't do the trick rent a pitbull lawyer.
> | >
> |
> | Actually, not true in the U.S. Congress passed a law around four or
> | five years ago (I'd have to go back and look it up) which basically said
> | hosting companies, ISP's, etc. are immune from lawsuits regarding
> | content posted by others.
>
> Does not apply to copyright in fact the liability is greater under the DMCA
> but requires a complaint from the holder of the copy right not a third
> party.
>
>

Actually, the law was written specifically to protect ISP's, etc. from
copyright violations. So it does apply.

DMCA cannot be enforced against ISP's, etc.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
==================

Jerry Stuckle

2005-12-26, 6:52 pm

hug wrote:
> "NotMe" <me@privacy.net> wrote:
>
>
>
>
> It sounds like there's some contention regarding the situation.
> Lawyers love that kind of confusion.
>

Not at all. The law is very clear.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
==================

T Wake

2005-12-26, 6:52 pm

"John Bokma" <john@castleamber.com> wrote in message
news:Xns9737AED511AD7castleamber@130.133.1.4...
> Ed Jay <edMbj@aes-intl.com> wrote:
>
>
>
> Odd, why?
>

Especially given the lower case C on Christmas :-)

robert blake

2005-12-26, 6:52 pm

"khabri" <khabri@XXXXXXXXXX> wrote in news:1135538491.254929.299130
@z14g2000cwz.googlegroups.com:

> I see this website www.techwhack.com stealing content from every major
> news network and publishing on it's own site as a blog without even god
> damm courtesy to specify where they stole the content from.
>
> How are you folks dealing this with ?

ride them out of town

William Tasso

2005-12-26, 6:52 pm

Writing in news:alt.www.webmaster
From the safety of the . cafeteria
hug <contact_info@sig_line.clickit> said:

> Jerry Stuckle <jstucklex@attglobal.net> wrote:
>
>
> Well I can understand that line of reasoning. However I'll bet that
> if you could prove that you notified the hosting company and they
> allowed the copyright infringement to continue, a jury might pony up a
> few bucks.

No can do - the host has no juristiction to decide who has commited an
offence (if any). The best you can hope for is that the host will chivvy
their customer to resolve the matter and pass on your message to those
responsible.

> Who knows, it certainly doesn't hurt to notify the hosting
> company, you might get lucky and run into an ethical one, wouldn't
> that be a hoot? <g>

Nonsense - see the example provided by Jerry.

My servers are in England. If you were a customer and some upstart[1]
contacted me with instructions to remove your content[2], how would you
like me to react? I only take instruction from paid up clients and
English courts of law.

[1] essentially that is anyone else no matter who they are/represent
[2] allowed content so far as I'm concerned is anything that could be
published in an English national news-paper.
--
William Tasso

Save the drama
for your Mama.

Charles Sweeney

2005-12-26, 6:52 pm

khabri wrote

> I see this website www.techwhack.com stealing content from every major
> news network and publishing on it's own site as a blog without even god
> damm courtesy to specify where they stole the content from.
>
> How are you folks dealing this with ?

How am I dealing with a site I have never heard of, stealing someone else's
content???

Bloody stupid question.

--
Charles Sweeney
http://CharlesSweeney.com

Charles Sweeney

2005-12-26, 6:52 pm

Paul Ding wrote

> You're referring to the god of the Israelites, also known as The Lord,
> Yahweh, and Jehovah, as well as God.

And Sky Pixie.

--
Charles Sweeney
http://CharlesSweeney.com

SpaceGirl

2005-12-26, 6:53 pm

Ed Jay wrote:
> "khabri" <khabri@XXXXXXXXXX> wrote:
>
> Personally, I've learned to mind my own business.
>
> I also spell His name God, with an upper-case 'G.' (Especially on
> christmas.) ;-)
>

Well my god isn't spelled that way :p

--

x theSpaceGirl (miranda)

# lead designer @ http://www.dhnewmedia.com #
# remove NO SPAM to email, or use form on website #
# this post (c) Miranda Thomas 2005
# explicitly no permission given to Forum4Designers
# to duplicate this post.

Dan M

2005-12-26, 6:53 pm

> I also spell His name God, with an upper-case 'G.' (Especially on
> christmas.) ;-)

That's funny; none of the gods I worship require that "god" be
capitalized. Neither the males nor the females among them.

And for the most part, they're a lot more ancient than that upstart fellow
from Galilee :)

Ed Jay

2005-12-26, 6:53 pm

SpaceGirl <nothespacegirlspam@subhuman.net> wrote:

>Ed Jay wrote:
>
>Well my god isn't spelled that way :p

What can I say, except I'll be goddamned! ;-)

--
Ed Jay (remove M to respond by email)

Ed Jay

2005-12-26, 6:53 pm

Dan M <dan@wolf.com> wrote:

>
>That's funny; none of the gods I worship require that "god" be
>capitalized. Neither the males nor the females among them.

None of the gods I worship _require_ it either.
>
>And for the most part, they're a lot more ancient than that upstart fellow
>from Galilee :)

Upstart? Respect your elders. :-)

--
Ed Jay (remove M to respond by email)

Paul Ding

2005-12-26, 10:46 pm

On Mon, 26 Dec 2005 10:41:20 -0500, "NotMe" <me@privacy.net> posted
something that included:

>Only contention is in this news group. Courts have already ruled -- pay up.
>About the only issue not fully resolved is the question of using Trade
>Mark/Trade Name is a key word search and that will pay out between the
>really big boys.

Perhaps it would be useful to look at what the law ACTUALLY SAYS. If
the hosting company is unaware that there is infringing material, they
can use DCMA as a defense in court. Note that in order to use DCMA as
a defense in court, they have to appear in court; for a corporation,
this requires a lawyer; if the hosting company is unincorporated, a
principal may represent the firm if he is so foolish as to think he
doesn't need a lawyer. In any case, the hosting company needs to
remove infringing material promptly; the problem being that it is hard
to show who is the author and who is infringing.

I had a complaint last month of infringement. She said it was easy to
see that her page had been copied because my customer had arranged
links to titles in alphabetical order. Apparently she thought she had
invented the idea of alphabetical order....

(c) INFORMATION RESIDING ON SYSTEMS OR NETWORKS AT
DIRECTION OF USERS-

`(1) IN GENERAL- A service provider shall not be liable
for monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the storage at the direction of a user of material that
resides on a system or network controlled or operated by or for the
service provider, if the service provider--

`(A)(i) does not have actual knowledge that the
material or an activity using the material on the system or network is
infringing;

`(ii) in the absence of such actual knowledge, is
not aware of facts or circumstances from which infringing activity is
apparent; or

`(iii) upon obtaining such knowledge or awareness,
acts expeditiously to remove, or disable access to, the material;

`(B) does not receive a financial benefit directly
attributable to the infringing activity, in a case in which the
service provider has the right and ability to control such activity;
and

`(C) upon notification of claimed infringement as
described in paragraph (3), responds expeditiously to remove, or
disable access to, the material that is claimed to be infringing or to
be the subject of infringing activity.
--
If we're losing 40-130 species a day,
How come nobody can itemize them?
And why can't fruitflies be one of them?

Paul Ding

2005-12-26, 10:46 pm

On Mon, 26 Dec 2005 11:11:59 -0500, Jerry Stuckle
<jstucklex@attglobal.net> posted something that included:

>Actually, the law was written specifically to protect ISP's, etc. from
>copyright violations. So it does apply.

Different section of the law. That protects an ISP from copyright
claims because protected materials pass through their servers and may
be cached. It is another section for materials stored at the request
of subscriber.

>DMCA cannot be enforced against ISP's, etc.

They can try. DCMA simply gives grounds for defense to the suit.

--
If we're losing 40-130 species a day,
How come nobody can itemize them?
And why can't fruitflies be one of them?

T Wake

2005-12-26, 10:46 pm

"Dan M" <dan@wolf.com> wrote in message
news:pan.2005.12.26.21.39.11.241000@wolf.com...
>
> That's funny; none of the gods I worship require that "god" be
> capitalized. Neither the males nor the females among them.
>
> And for the most part, they're a lot more ancient than that upstart fellow
> from Galilee :)

I think maybe its the "new kid on the block" trying to assert Himself
amongst the more established crowd :-)

NotMe

2005-12-26, 10:47 pm

"Paul Ding" <lancastir@paulding.net>

| >Actually, the law was written specifically to protect ISP's, etc. from
| >copyright violations. So it does apply.
|
| Different section of the law. That protects an ISP from copyright
| claims because protected materials pass through their servers and may
| be cached. It is another section for materials stored at the request
| of subscriber.
|
| >DMCA cannot be enforced against ISP's, etc.
|
| They can try. DCMA simply gives grounds for defense to the suit.

If the copyright owner does even a small bit of due diligence the options of
defense against abuse of copyright are slight often requiring the defendant
to prove that he did not abuse copyright. It's hard to prove a negative.
"I didn't know", in my experience, has never been successful especially
after the ISP has received documentation of the violation. Even a claim of
'fare use' has a very narrow range and then mostly in the USA.

Regardless ASK FIRST is the best policy as it gets everyone one the same
page from jump. Our studio often will grant a limited use license as proper
exposure and credit are more valuable than saying "NO" especially when both
parties play fair.

I'm on the low side of the curve when it comes to web coding as we make most
of our bread from IPR (patents and graphic arts) As I've said before I'm
not a lawyer and don't play one on the internet. We pay our legal fees in
the front so that we don't have problems in the back end. Our lawyer does
her job well as in over 40 years we have rarely had to go tow to tow over
copy rights (patents are another matter). Same goes for payment as the terms
of the contracts are such that the license does not transfer unless and
until the checks have cleared.

Might be something for this group to review as web coding is subject to copy
right ...

hug

2005-12-26, 10:47 pm

Paul Ding <lancastir@paulding.net> wrote:

> `(iii) upon obtaining such knowledge or awareness,
>acts expeditiously to remove, or disable access to, the material;

<g>

--
http://www.ren-prod-inc.com/hug_sof...?action=contact

Jerry Stuckle

2005-12-26, 10:47 pm

Paul Ding wrote:

<snipped>

>
> `(C) upon notification of claimed infringement as
> described in paragraph (3), responds expeditiously to remove, or
> disable access to, the material that is claimed to be infringing or to
> be the subject of infringing activity.

And infringement can only be determined by the courts.

Otherwise, I could create a copy of one of your customer's web pages
then tell you they infringed on me, and you would be obligated to take
the pages down.

Now, does that make any sense?

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
==================

khabri

2005-12-27, 3:32 am

Charles Sweeney wrote:
> khabri wrote
>
>
> How am I dealing with a site I have never heard of, stealing someone else's
> content???
>
> Bloody stupid question.
Bloody stupid answer!!

> --
> Charles Sweeney
> http://CharlesSweeney.com

Paul Ding

2005-12-27, 7:03 pm

On Mon, 26 Dec 2005 21:32:04 -0500, "NotMe" <me@privacy.net> posted
something that included:

>| >DMCA cannot be enforced against ISP's, etc.

>| They can try. DCMA simply gives grounds for defense to the suit.

>If the copyright owner does even a small bit of due diligence the options of
>defense against abuse of copyright are slight often requiring the defendant
>to prove that he did not abuse copyright.

It's a different situation for the hosting company than for the site
owner. My customers know whether or not they are the authors of the
materials on their site. As their host, I don't know that.

If Joe comes to me, saying that Judy, my customer, is violating his
copyright, I can defend myself by promptly removing the materials from
Judy's site.

I can also tell you that I'm not going to do it. I get in touch with
Judy, and ask her about the allegations of infringement. In most
cases, Judy will claim that she thought the materials were in the
public domain, and decide to remove the material. That gives me a good
defense. Since it can take a decade and run $10K or more to wage an
infringement suit, Judy's not likely to be sued, either.

However, once in a while, Judy will tell me that she is, in fact, the
owner of the materials on her site. In that case, I phone Joe, and ask
him to send me a copy of the copyright registration for the materials
in question. Funny. I always seem to hear a funny "gulping" sound at
that point, and I've never yet received a registration.

--
If we're losing 40-130 species a day,
How come nobody can itemize them?
And why can't fruitflies be one of them?

NotMe

2005-12-27, 10:35 pm

"Paul Ding"

| >| >DMCA cannot be enforced against ISP's, etc.
|
| >| They can try. DCMA simply gives grounds for defense to the suit.
|
| >If the copyright owner does even a small bit of due diligence the options
of defense against abuse of copyright are slight often requiring the
defendant to prove that he did not abuse copyright.
|
| It's a different situation for the hosting company than for the site
| owner. My customers know whether or not they are the authors of the
| materials on their site. As their host, I don't know that.
|
| If Joe comes to me, saying that Judy, my customer, is violating his
| copyright, I can defend myself by promptly removing the materials from
| Judy's site.
|
| I can also tell you that I'm not going to do it. I get in touch with
| Judy, and ask her about the allegations of infringement. In most
| cases, Judy will claim that she thought the materials were in the
| public domain, and decide to remove the material. That gives me a good
| defense. Since it can take a decade and run $10K or more to wage an
| infringement suit, Judy's not likely to be sued, either.
|
| However, once in a while, Judy will tell me that she is, in fact, the
| owner of the materials on her site. In that case, I phone Joe, and ask
| him to send me a copy of the copyright registration for the materials
| in question. Funny. I always seem to hear a funny "gulping" sound at
| that point, and I've never yet received a registration.

Which is why due diligence is the key. We ALWAYS send appropriate
documentation with all correspondence & notices to make it eminently clear
we're serious and have our ducks in a row. Keep in mind we, like most IPR
owners, are seeking payment/credit for the work product not revenge.

In the instance you outline both you and Judy very likely have recourse
against Joe (check with a lawyer who know local business law). The key
there is 'sue a beggar get a louse'.

I'm leaving on a road trip and will not have access to news groups until the
weekend.