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Thoughts On Forums and Fair Use

Discussion in 'Forum Management' started by Zachary Lassiter, Aug 28, 2010.

  1. #1
    I'm having a problem with a web forum stealing work of mine and claiming its fair use. You can see the details at http://www.aspieweb.net/alex-plank-internet-scum/

    Basically he claims he can copy and paste entire blog posts and call it fair use because his users comment on them?
    SEMrush
    Thoughts?
     
    Zachary Lassiter, Aug 28, 2010 IP
    SEMrush
  2. RectangleMan

    RectangleMan Notable Member

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    #2
    Send DMCA notice to his host asap. When his host takes him down or warns him he'll get the picture.

    The host is not to defend their client. Their role is to simply comply with the notice and take down the material. As long as you follow proper DMCA procedures they should comply. Failure for them to comply can result in them being named in a suit and being liable along with the blogger.

    Just make sure your DMCA is proper and well worded.
     
    RectangleMan, Aug 29, 2010 IP
  3. Zachary Lassiter

    Zachary Lassiter Active Member

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    #3
    The DMCA notice was delivered and in 2 hours he filed a DMCA counter notice and the access to it was re-enabled.

    I don't know what to do I'm over my head
     
    Zachary Lassiter, Aug 29, 2010 IP
  4. slimrider94

    slimrider94 Member

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    #4
    Listen to RectangleMan, he's completely right.
     
    slimrider94, Aug 29, 2010 IP
  5. Zachary Lassiter

    Zachary Lassiter Active Member

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    #5
    I did file a proper DMCA notice... the host responded within 2 hours saying the person filed a counter notice and re-enabled access to the website. I don't know what to do next.
     
    Zachary Lassiter, Aug 29, 2010 IP
  6. Zachary Lassiter

    Zachary Lassiter Active Member

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    #6
    I'm just done developing websites. I'm not going to spend my time and doing hard work to get it stolen.

    Then as a response to my DMCA they start posting links of viruses in my blog comments along with porn.
     
    Zachary Lassiter, Aug 29, 2010 IP
  7. RectangleMan

    RectangleMan Notable Member

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    #7
    Then it's time you get a lawyer and go after him. Smart guy to file a counter-notice. DMCA allows this but it's rare they do it.\

    And can you ask the host for the counter-notice. Let them know you'll be using it for a legal claim against them.
     
    RectangleMan, Aug 29, 2010 IP
  8. Zachary Lassiter

    Zachary Lassiter Active Member

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    #8
    I cant afford a lawyer
     
    Zachary Lassiter, Aug 29, 2010 IP
  9. RectangleMan

    RectangleMan Notable Member

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    #9
    You can usually get free advice and consultation. If you have a winning case where damages can be shown you can sue for fees too. He is in USA. You can go after his income and assets if you pursue this and win.
     
    RectangleMan, Aug 29, 2010 IP
  10. Zachary Lassiter

    Zachary Lassiter Active Member

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    #10
    Apparently you could not understand the fact that I can not afford a lawyer
     
    Zachary Lassiter, Aug 29, 2010 IP
  11. RectangleMan

    RectangleMan Notable Member

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    #11
    "free advice and consultation"...did you miss that part of my statement?
     
    RectangleMan, Aug 29, 2010 IP
  12. Zachary Lassiter

    Zachary Lassiter Active Member

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    #12
    And there going to tell me to file a law suit against him... thats the advise and consultation I will get. I will then have to pay legal fees upfront and the hourly cost of the lawyer until I get reimbursed from the defendant and frankly I cannot afford that.
     
    Zachary Lassiter, Aug 29, 2010 IP
  13. RectangleMan

    RectangleMan Notable Member

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    #13
    You're just guessing. They can give you a lot more advice than that. My bet is that you've never had a discussion with a real lawyer. A lot more to the law than lawsuits.
     
    RectangleMan, Aug 29, 2010 IP
  14. Zachary Lassiter

    Zachary Lassiter Active Member

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    #14
    Actually yes I have. I have consulted with two different lawyers of this issue.
     
    Zachary Lassiter, Aug 29, 2010 IP
  15. RectangleMan

    RectangleMan Notable Member

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    #15
    Oh you have! Maybe you should have said so when I recommended it. I kind of find that hard to believe now especially reading this thread again.

    Well good luck to you. Seems you've given up.
     
    RectangleMan, Aug 30, 2010 IP