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Protecting My Copyright

baldheretic.com

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Re: Protecting My Copyright

#21

Post by dsl »

unreal37 wrote: post #7
wpietri wrote: post #2

Wow. That is quite a story. I hope he doesn't actually file suit against her. Partly because she's so obviously nuts that I'd feel a little bad. And partly because it's a bad idea to get involved in a court case with a crazy person. You may win in the end, but your lawyer can rack up some big bills keeping up with a manic loon.

Worse if the crazy person is themselves an attorney. She can just file crazy motions all day long and it won't cost her anything. I think GoDaddy is to blame in this. Taking multiple sites down for one DMCA take down request. And the blogger too seems too happy about taking sites down as he does. He should work harder (at least for GoDaddy sites) to contact the sites directly and get a license fee. Diplomacy before n…

The state bar association will make quick work of her. Real pro lawyers hire other impartial lawyers to represent them in lawsuits.

Re: Protecting My Copyright

#22

Post by tomflack »

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…

She's still using the image on the business' Facebook page. Are you going to tackle that one too or is the burn not worth it at this point?

Re: Protecting My Copyright

#23

Post by tylermenezes »

dsl wrote: post #21
unreal37 wrote: post #7

Earlier quoted context omitted.

Worse if the crazy person is themselves an attorney. She can just file crazy motions all day long and it won't cost her anything. I think GoDaddy is to blame in this. Taking multiple sites down for one DMCA take down request. And the blogger too seems too happy about taking sites down as he does. He should work harder (at least for GoDaddy sites) to contact the sites directly and get a license fee. Diplomacy before n…

The state bar association will make quick work of her. Real pro lawyers hire other impartial lawyers to represent them in lawsuits.

Impartial lawyers? How can you be impartial if you're representing your client?

Re: Protecting My Copyright

#24

Post by DigitalSea »

All she had to do was take down the image, it's not like it was beneficial to her charitable business to have the image on the site in the first place. Being someone that gives out legal advice, you'd think she would know better. Glad it worked out in the end, sheesh I would be way less patient if I had to go through this hassle just to get an image removed.

I thoroughly enjoyed reading, great story.

Re: Protecting My Copyright

#26

Post by fruchtose »

DanBC wrote: post #25

Is she a lawyer? She claims to be a lawyer. In the UK it is not legal to claim to be a solicitor if you are not one. Isn't it the same in the US?

It is very much illegal to impersonate a lawyer. Being a member of the bar means state regulation, and it is very much an institution.

Re: Protecting My Copyright

#27

Post by prawn »

wpietri wrote: post #2

Wow. That is quite a story. I hope he doesn't actually file suit against her. Partly because she's so obviously nuts that I'd feel a little bad. And partly because it's a bad idea to get involved in a court case with a crazy person. You may win in the end, but your lawyer can rack up some big bills keeping up with a manic loon.

Definitely not worth it. I'd be worrying about potential physical contact, phone calls, etc. Seen and heard it before personally. Best bet in most cases is to take care of things and get out of there, minimise ongoing contact (stay terse on the phone, don't respond to emotional appeals coming by email) and stay level-headed.

Re: Protecting My Copyright

#28

Post by [deleted] »

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…

[deleted]

Re: Protecting My Copyright

#29

Post by dangrossman »

timtadh wrote: post #15

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"…

What should GoDaddy be doing instead? If they want the safe harbor protection from the DMCA so that they're not liable for the infringement, they are required to remove the content. There need be no direct mapping between the website URL reported in the complaint and any specific file they can identify on a server's file system; it might be dynamically generated, served by a CMS doing URL rewriting, coming from a database, etc.

So their choices are:

1) Invade your privacy, directly access your private source code and databases, and deduce how to remove the content, potentially destroying your data in the process over what might be a false claim... all of which is completely non-scalable to the millions of customers they have.

2) Edit their web server configuration to not serve that URL, and reboot the service, hundreds of times a day while this server is handling requests for thousands of websites.

3) Click the suspend site button and your site goes back online as fast as you can remove the infringing work, or file a counter-notice.

Re: Protecting My Copyright

#30

Post by jvc26 »

tylermenezes wrote: post #23
dsl wrote: post #21

Earlier quoted context omitted.

The state bar association will make quick work of her. Real pro lawyers hire other impartial lawyers to represent them in lawsuits.

Impartial lawyers? How can you be impartial if you're representing your client?

I assume he means 3rd party/independent lawyers (i.e. not yourself).
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