Okay, to make a long story short I was recently contacted by an author that a user on my writing forum (see sig) had published some of her (the author's) stories on my site and that the works were stolen. I investigated it and couldn't be sure. I removed the stories, however. The author seemed to think that wasn't enough and wants me to publically acknowledge that the stories are hers (which I don't actually know). I received an email today regarding the issue in which the author threatens legal action against me. See my recent blog post for a more thorough explanation of the issue. Anyway, I realize there's no case against me, but what's the best way to proceed?
If she can prove that the stories are in fact hers via copyright registration, I would grant her request out of respect. Otherwise, ignore the empty threats.
Can you look at The Wayback Machine to see if that helps? Also, what did the user say when you contacted him / her? Another option would be to get legal advice - Jeffrey Cohen is one attorney I would recommend.
I basically decided that it wasn't for me to decide who was the original owner. Both of them have posted the stories elsewhere on the net. The user who posted the stories originally was very insulted and probably won't return to the site. They had the stories posted elsewhere but the user who claims their work was stolen can produce the stories listed older. However, the user who posted the stories first is personally known by a moderator who vouches for her. She has all the stories handwritten and the moderator has seen them (not proof, but still). The person claiming the stories were stolen uses a file timestamp as their "proof." All of the proof that both of them have given can be easily faked. klimt - she has what she calls proof but it isn't proof that would hold up in court. I wouldn't have a problem with saying the stories were hers except I don't know that. Furthermore, I don't like being threatened. The Wayback Machine helps some, but not enough for what I'd consider proof.
This is all governed by the DMCA. From my summary: "Under some circumstances, an online service provider is immune from infringement liability merely because it refers or links users to an online location that provides infringing information or because one of its users stores infringing information on its system. The service provider must demonstrate, however, that it did not know and had no reason to know about the infringing activity, and that it moved quickly to disable access to the infringing material by use of the "take down" procedures." She sent a notice, you took the content down...I believe you have meet the requiremens of the DMCA. The DMCA gives a lot of protection to "online service providers." Whether you meet that definition is really the issue. I wrote a primer on the DMCA that might illuminate it for you. It's here. She's a nut to try to sue after the content is taken down. She's naive and inexperienced. If she doesn't have a copyright registration then her damages would be the profit you made displaying the content--what's that, like 4 dollars? Even so, you still have your DMCA defenses. Be cautious, but sometimes you have to say "screw you" to people. Frivolous lawsuits are a scourge and we cannot and should not live in fear of them.
I think what thundercow was trying to say is, She has barely a leg to stand on, tell her to Fuck Off. You did the right thing, there is nothing she can do... Just look at youtube, everyday they get "take down" orders and they arnt sued, because the DMCA has this policy in place! Use it, and tell her to get bent.
While legal threats to resolve issues before reaching court are understandable, generally you don't have to do anything for anyone until served with an order from a court of competent jurisdiction. However, the server that's hosting the material in question can be "worked upon" as well, although they'll handle it if it reaches that point. Not that you need one right away, but be ready to retain competent counsel. It's up to you to decide whether to reply to that threat or not at all. Personally if she legally threatens me because I won't do exactly what you've stated here, I'd essentially tell her to go pound sand. But that's just me.
Thanks. If this situation actually preceded toward's a lawsuit, how would that be held? what if we're in different countries?
If she is in a foreign country, and she sues you there, the court won't have "jurisdiction" over you--and besides, do you really care about a foreign judgment against you? She can't collect here without suing you here, so the foreign judgment is worthless to her, and no harm to you--unless of course you own property in--or intend to move to--the foreign country. No, if she wants to sue you and have jurisdiction over you and any reasonable hope of collecting, she'll need to sue you in your state--and at the very least in the country you live in. If she's in a foreign country, that's an advantage to you because she'll spend a fortune going after you.
^ That you. That's what I figured. I'm not positive but I think she lives in the UK. if she did live in the US, however, and lived out of state it would be her responsibility to come to my state and have the case held where I live?
Not quite. She could have the case heard in her state and (if she won) then she'd still have to go to court in your state to have the judgement enforced (unless you owned assets in her state, in which case, she could enforce the judgement by moving to seize your assets in her state... without having the judgement recognized by the courts in your state, she could not seize assets in your state). That help? I'm not a lawyer nor do I play one on TV, but I do have a good friend who actually does these kinds of collection-type stuff.