Viewed: | 645 times |
Added: | 13 years, 2 months ago 26 Oct 2011 14:55 CEST |
" | Tobiasfox wrote: |
He's flipping out over the 5 things posted there? |
" | elix wrote: |
"Freely-distributed material" != "public domain". JV owns the copyright on his work. He has the right to ask you to not host it. Period. I'm not justifying how JV may act, but in a strictly legal sense, you are redistributing copyrighted work without permission. |
" | Copyright Act of 1976, 17 U.S.C. § 107 wrote: |
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. |
" | You wrote: |
If the work was freely distributed, does it mean it's public domain. |
" | Pawsie wrote: |
for starters, for my reply "If the work was freely distributed, does it mean it's public domain." There was suppose to be a question mark at the end to have that as a question, not a declaration. |
" | Pawsie wrote: |
With that said, I believe there is a clear case 'towards' fair use, but regarding the law it's foggy. The only way to settle it is through the court. Any argument about it would be pointless because it could go either way. My interest in opening this box is to test the limit of my site and the law regarding digital media. |
" | Catwheezle wrote: |
That is... I lack the words to express how incredibly sleazy that is. |
" | sedkitty wrote: |
You're hopelessly deluded about copyright law and what 'public domain' is. Read http://www.templetons.com/brad/copymyths.html , for a start. |
" | sedkitty wrote: |
Be honest with yourself and others: you're a thief, and you know you can get away with it. Own that. |
" | sedkitty wrote: |
Aaaaand now we get into semantics. I'll concede the point. Per the dictionary definition, you're not stealing. You're still copying something that isn't yours. You're still denying the creator his rights. You're still rationalizing that this is acceptable. And you still don't deny you're doing it because you know you won't be sued over it. |
" | elix wrote: |
Just because you think it's unlikely that a civil suit will be filed doesn't mean that you're not wrong. And you're gambling with Wildcritters' continued existence. That is the most irresponsible attitude to take. |
" | Pawsie wrote: |
You have brushed over something new though, the fact that it's unlikely I'll be challenge. Why, because it's petty to bring this to court. If someone is really concerned that their art, they can sue me. But people prefer to talk how they're losing their rights instead of fighting for them. |
" | Pawsie wrote: |
Even though the artist doesn't get his way, I open a window for people to enjoy their art without 'robbing' from the artist. I think this little bit is worth it. |
" | sedkitty wrote: |
His rights are his rights, whether he fights for them or not. This isn't trademark law. I held out good faith for the last while that you were simply naive about the workings of copyright law. It's become clear that you're being intentionally ignorant. And that you don't care one whit about the wishes of artists; you just want to benefit from their creations while providing nothing of your own. |
" | pawsie wrote: |
You believe I should follow the artist wish while having a narrow interpretation of fair use. I believe I have the right to reject the request and have a broad interpretation of fair use. It becomes a legal matter, and if no one is willing to challenge my stance legally, then there's nothing to talk about. |
" | sedkitty wrote: |
Your opinion runs counter to law as it stands. In short, you're wrong. |
" | sedkitty wrote: |
Your use of the copyrighted images is nontransformative. The nature of the work is artistic, not factual, so you can't claim your use benefits the public. You're providing the entire contents of copyrighted material. It's infringing. It's absurd to suggest otherwise. It's like being observed breaking into someone else's house and claiming, "I didn't trespass. Until a court decides otherwise, it's merely your opinion that I did." The evidence is plain to see. And court isn't necessary. A properly-filed DMCA claim will suffice. |
" | Pawsie wrote: |
If you want to go through the DMCA route, you still need a subpoena. I'm not some third party using Youtube where you by pass the poster.. I'm the guy who owns the server. I'm willing ot have that fight and to claim it's fair use.and it would depend on the court's interpretation of the law - not yours. |
" | sedkitty wrote: |
You don't understand how the law or the Internet works. Classic. |
" | fofufu wrote: |
Caving in? Caving in is used in a case of which you are pressured to do something. What I'm saying is that you should have done it in the first place, other than following some freaky moral none of us understand. Also, the journal name: The Heart Desires Drama. You started the drama. Unless this is used to refer to you, it makes you a bit ignorant. (A sidenote: I don'thate you, I just hate what you did. I have nothing personal against you.) |
" | fofufu wrote: |
I'm not saying JV didn't over react. He did. And I'm not saying how bad you are. I have nothing against you. I'm saying that in some cases, it's okay to cave in. Think of all the people that would have died if police didn't "cave in" with a terrorist. Now, calling JV a terrorist is a bit extreme, but it's a similar situation. Sometimes, it's better to just do what someone else wants. And, this may seem a little sly, but why not delete it from your site, yet keep it in your own personal galary? It's not going to hurt JV if he doesn't know about it. The problem is, he does. |
" | fofufu wrote: |
Forget the anology. JV is sort of terrorizing his fans, in peaceful protest, for protest is a sort of terrorism. We want him to stop that protest. You aren't letting us stop it. I don't like that, and by the looks of it, a bunch of other people don't like it either. And this isn't doing any good for your websites reputation. And I do understand the main principle. You think that the artists rights don't extend to removing their distributed work off your site. |
" | Alsagoz wrote: |
Even if it's the same concept...[it] is [a] "whole" different case (contradiction). |
" | Kelenius wrote: |
I don't see a contradiction. Pocket knife and a saw have the same concept, but it indeed is a whole different case. |
" | Alsagoz wrote: |
It would be good if the notion of trolling/derailing didn't come from you alone. I will not repeat what I said again. In fact, nobody can do anything to you as long as you can exploit the principles given. There is nothing to worry, right? Since you request me to stop, I will. However, I could honestly say that it's not trolling. You can abuse whatever reasons to derail my statement into trolling but it doesn't mean that everyone will see it as trolling. |
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