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Protecting My Copyright

baldheretic.com

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Re: Protecting My Copyright

#11

Post by [deleted] »

peetahb wrote: post #8
pdonis wrote: post #6

I've seen other indications that GoDaddy is a bit heavy-handed, to put it mildly, in responding to DMCA takedown notices. This confirms it. Assuming that the notice was worded properly, they should only have taken down the one specific site that infringed, not all the sites belonging to the same person.

Apparently many of her sites used that specific photo. Hell, her business page on Facebook still uses it as its cover photo. https://www.facebook.com/pages/Schwager-Consulting-Marketing...

[deleted]

Re: Protecting My Copyright

#12

Post by pdonis »

peetahb wrote: post #8
pdonis wrote: post #6

I've seen other indications that GoDaddy is a bit heavy-handed, to put it mildly, in responding to DMCA takedown notices. This confirms it. Assuming that the notice was worded properly, they should only have taken down the one specific site that infringed, not all the sites belonging to the same person.

Apparently many of her sites used that specific photo. Hell, her business page on Facebook still uses it as its cover photo. https://www.facebook.com/pages/Schwager-Consulting-Marketing...

> Apparently many of her sites used that specific photo.

Ah, didn't catch that.

Re: Protecting My Copyright

#13

Post by peetahb »

pdonis wrote: post #12
peetahb wrote: post #8

Earlier quoted context omitted.

Apparently many of her sites used that specific photo. Hell, her business page on Facebook still uses it as its cover photo. https://www.facebook.com/pages/Schwager-Consulting-Marketing...

> Apparently many of her sites used that specific photo. Ah, didn't catch that.

A lot of people fail to understand what's legally protected by fair use.

Re: Protecting My Copyright

#14

Post by ot86 »

nostromo wrote: post #10

What I learned from this story: Godaddy will take down your site, without contacting you first, because they get a copyright infringement claim from some random dude on the internet.

I used to work at the abuse department for a large web host. In these cases, we would contact the site owner and provide them with a set amount of days to either remove the material, contact the complainant, or explain the usage of the material. If they did not reply or attempt to contact the complainant, we would suspend their hosting. The only time we would suspend a site immediately would be for malware, phishing or child pornography.

Re: Protecting My Copyright

#15

Post by timtadh »

As other people have said, the real story here is how badly GoDaddy handles DMCA requests. Taking down a site for a single image is like using a bazooka on an ant. Yes it will stop the infringement, however it will probably damage some surrounding property. While that does not necessarily excuse the personal attacks the woman in the story may have made I think it offers perspective for all website operators. "Horror" stories of people sites being taken down (much like her's) have been on HN in the past with great sympathy shown and in this case I do feel sympathetic towards her cause (despite her reaction). I guess the lesson is talk to your registrar and hosting providers about their DCMA process before it bites you.

Re: Protecting My Copyright

#16

Post by pdonis »

peetahb wrote: post #13
pdonis wrote: post #12

Earlier quoted context omitted.

> Apparently many of her sites used that specific photo. Ah, didn't catch that.

A lot of people fail to understand what's legally protected by fair use.

Are you implying that the use in question was fair use (i.e., that the OP should not have sent the DMCA takedown notice for this use)?

Re: Protecting My Copyright

#17

Post by baldheretic »

To be clear, I took no joy in shutting her site down. GoDaddy is a bit heavy handed in their response and I have learned a lesson here. The main point is that she used the image without permission and her site went down because of it. To turn around and accuse me of being a part of a diabolical conspiracy was out of left field. She should have contacted GoDaddy and worked it out. I did my part by rescinding my DMCA when I realized the impact it was having and offered her my willingness to resolve this one on one.

Re: Protecting My Copyright

#18

Post by sbronstein »

pdonis wrote: post #16
peetahb wrote: post #13

Earlier quoted context omitted.

A lot of people fail to understand what's legally protected by fair use.

Are you implying that the use in question was fair use (i.e., that the OP should not have sent the DMCA takedown notice for this use)?

No, she claims she is covered under fair use because she doesn't make any money from it, blah blah blah.

Re: Protecting My Copyright

#19

Post by peetahb »

sbronstein wrote: post #18
pdonis wrote: post #16

Earlier quoted context omitted.

Are you implying that the use in question was fair use (i.e., that the OP should not have sent the DMCA takedown notice for this use)?

No, she claims she is covered under fair use because she doesn't make any money from it, blah blah blah.

No, she claims she is covered under fair use because she doesn't make any money from it, blah blah blah.

Plus, her claim of being a lawyer makes the whole matter quite baffling.

Re: Protecting My Copyright

#20

Post by peetahb »

baldheretic wrote: post #17

To be clear, I took no joy in shutting her site down. GoDaddy is a bit heavy handed in their response and I have learned a lesson here. The main point is that she used the image without permission and her site went down because of it. To turn around and accuse me of being a part of a diabolical conspiracy was out of left field. She should have contacted GoDaddy and worked it out. I did my part by rescinding my DMCA w…

I did my part by rescinding my DMCA when I realized the impact it was having and offered her my willingness to resolve this one on one.

And I applaud you for that.

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