"Stealing" messages

Discussion in 'Motorcycle Technical Discussion' started by Ian Singer, Nov 20, 2006.

  1. Ian Singer

    Ian Singer Guest

    Ever noticed when you google its pulling up messages from here that
    companies have captured and reposted without permission and with the
    headers stripped off. e.g. search GS650GLD carb and you see all the
    messages I have written.

    Thought that was illegal without getting permission?

    Ian Singer
    --


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    I am near Toronto Canada, can I tell where you are from your reply?
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    Ian Singer, Nov 20, 2006
    #1
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  2. Ian Singer

    John Johnson Guest

    You can send them a letter informing them of their copyright violation
    and your intention of pursuing the matter. Then you can either sue them
    for damages (which would cost you more than it's worth), or let it go.
    They probably know this just as well as I do. Unfortunately, copyright
    law mostly benefits people with enough extra cash to pay lawyers, and
    that sort of person doesn't seem to hang out here very much.

    --
    Later,
    John



    'indiana' is a 'nolnn' and 'hoosier' is a 'solkk'. Indiana doesn't solkk.
     
    John Johnson, Nov 20, 2006
    #2
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  3. Ian Singer

    Ian Singer Guest

    Yes and they do not even list a contact address but clicking on the
    purchase an ad leads you through Google to
    is anyone is interested.

    On the other hand tyhere are a lot of cheapskates here who could band
    together as a class action?

    Ian Singer

    --


    =========================================================================
    See my homepage at http://www.iansinger.com
    hosted on http://www.1and1.com/?k_id=10623894
    All genealogy is stored in TMG from http://www.whollygenes.com
    Charts and searching using TNG from http://www.tngsitebuilding.com
    I am near Toronto Canada, can I tell where you are from your reply?
    =========================================================================
     
    Ian Singer, Nov 20, 2006
    #3
  4. Please refer to the following:

    http://en.wikipedia.org/wiki/OCILLA

    If it's private individuals reposting copyrighted material on blogs and
    such,
    you have no legal foothold to stand on, Google and suchlike are shielded
    from
    liability by law as a result of DMCA 512

    You also need to review Section 108 of the the US Copyright law. Libraries
    and archives are not required to get permission from copyright holders,
    you see. Google is effectively a library.

    You need to understand that copyright law was established for one reason
    only, that was to allow content creators to make a living from works that
    they create. It was not established to allow people who say embarassing
    and stupid things in a public forum and then later want to take those
    things back, to use copyright law solely for the purpose of controlling
    those things distribution.

    When you post advice and such on a public forum, without renumeration,
    you are undermining just about all legal foundation you would have to claim
    copyright control on these things. In particular if the information is
    already accessible
    elsewhere, without charge, and you have done nothing to create a derivitave
    work of it, you simply cannot hold a copyright on it at all, because the
    copyright is already held by someone else.

    For example if someone asks a question in this forum and I respond
    with pretty much a restatement of what the factory service manual says
    to do for the problem in question, I -cannot- hold copyright to this
    response. I would have to substantively modify the directions of
    the service manual to have any part of that copyrightable.

    Ted
     
    Ted Mittelstaedt, Nov 20, 2006
    #4
  5. What a lovely succinct appraisal. Well done, sir.
     
    The Older Gentleman, Nov 20, 2006
    #5
  6. Ian Singer

    Ian Singer Guest

    The reply back from was
    "Ian,
    Thank you for your query.

    Articles posted to usenet are widely distributed through many systems
    including websites such as ours and google groups.
    This even includes many distribution services that charge commercial
    rates for access. A quick search finds your posting
    on several other similar sites to ours.
    The copyright for postings on usenet remains with the author, but by
    posting you are giving permission for distribution in
    this way. If you were not, how would you expect usenet to work? If you
    do not want to give such permission then you should
    use e-mail or private forums where distribution is limited in the way
    you wish.

    Please also note that a standard of usenet allows you to deny permanent
    archiving of your posts by adding this line into the header
    X-No-Archive: yes
    Because many modern newsreaders do not make this easy to do, we will
    honour any occurrence of the string "no-archive" in the
    header or message as a request to prevent archiving on our site. You may
    find that this approach suits you

    regards
    John"

    --


    =========================================================================
    See my homepage at http://www.iansinger.com
    hosted on http://www.1and1.com/?k_id=10623894
    All genealogy is stored in TMG from http://www.whollygenes.com
    Charts and searching using TNG from http://www.tngsitebuilding.com
    I am near Toronto Canada, can I tell where you are from your reply?
    =========================================================================
     
    Ian Singer, Nov 20, 2006
    #6
  7. Ian Singer

    Justin Guest

    : While true that facts cannot be copyrighted, the vast
    : majority of discussions here contain a lot more than purely factual
    : material.

    My dear sir, you've won the Understatement of the Year Award!

    Justin
    '02 Shadow VT750DC
     
    Justin, Nov 21, 2006
    #7
  8. Ian Singer

    John Johnson Guest

    I'd like to start by thanking the acadamy...

    <VBG>
    <ducks>

    --
    Later,
    John



    'indiana' is a 'nolnn' and 'hoosier' is a 'solkk'. Indiana doesn't solkk.
     
    John Johnson, Nov 21, 2006
    #8
  9. I didn't say it changed one's rights, I said it undermined just about all
    legal foundation. Courts generally want to see evidence of the plaintiff
    actually suffering damages before they award anything.

    Suing someone then when the judge asks "what damages have you
    suffered, exactly" and saying "none that I can think of" is generally
    a recipie for disaster. We had a case like that here a few weeks ago,
    a bicyclist sued the bus system because he blocked a bus and a
    bus passenger got off the bus and popped him in the mouth then
    disappeared into the crowd. He claimed
    45K in damages. He was awarded $604.00 which put him something
    like $3,000 in the hole for court and attourney fees.
    Only if the content is original. If you take someone elses content
    and merely put it in a different form, your still plagerizing.

    Ted
     
    Ted Mittelstaedt, Nov 21, 2006
    #9
  10. Ian Singer

    Mike Freeman Guest

    *If* you present it as being your own work. Reference/cite the original
    source, and it's fair use, as I uderstand it.

    Back to the original point:
    I, too, have found some of my usenet baltherings included as "content" on
    websites (the fools!). *But*, they had left the "From:" header intact,
    so I didn't really care.

    In my opinion, if a website strips the "From:" header, and any signature
    block, from a Usenet posting and then include it as content, they may not
    have done something legally actionable, but they are definitely being
    unethical.
     
    Mike Freeman, Nov 23, 2006
    #10
  11. Ian Singer

    Fred W Guest

    I would assume that any post you make is "public domain" the instant you
    press the send button.
     
    Fred W, Dec 1, 2006
    #11
  12. Ian Singer

    Ian Singer Guest

    You assume incorrectly. The writer still holds copyright.

    Ian Singer

    --


    =========================================================================
    See my homepage at http://www.iansinger.com
    hosted on http://www.1and1.com/?k_id=10623894
    All genealogy is stored in TMG from http://www.whollygenes.com
    Charts and searching using TNG from http://www.tngsitebuilding.com
    I am near Toronto Canada, can I tell where you are from your reply?
    =========================================================================
     
    Ian Singer, Dec 1, 2006
    #12
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