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The original email sent to me from the LJ abuse team tells me that I am in violation and I must either delete the post and file a counter claim.
If I don't, then my account will be suspended/deleted.
there's nothing within my original post that violates anyone's copyright. my words are my own as are my thoughts and opinions.
he had originally posted responses that i reposted after he deleted them. I believe i have the right to repost these under the 'fair use' exemptions.
he said he didn't want people to read my lj and get a bad impression of him or his party. i never told people to boycott the GermanFetishBall nor did i ever say that the party was shitty.
he said he wanted to remove himself from any arguments and the name calling (i figure the best way to do that is to not post in the first place).
He's under the impression that LiveJournal has jurisdiction over posts and comments but in their Terms of Service, they state that they're not responsible for any content. They simply ask people in violation to delete their posts. There is no option to defend themselves simply by responding to their email. The only option to defend one's post means filing a counter and then wait for the original complainant to ante up.
(Basically I could start filing abuse reports for any/all of you and then LJ would tell you to delete or counter file. either way, your account with go down or the post will (though if you counter, the post can come back up again)). My only other option is to counter file.
"According to the Digital Millennium Copyright Act (DMCA), we are required to disable access to any URL that is reported to us as violating the copyright of another. The easiest way to do this is to have you delete the entire entry (which is necessary, since the comments in question form a part of that URL, and we must restrict access to that whole URL in order to comply with the DMCA). If you do not do this by the deadline, your account may be suspended until you agree to delete the entry. This ensures that we are in compliance with United States law.
...you do have the right to counter-notify if you feel the comments were reported in error, and your use of them falls under one of the provisions in the DMCA. If you would like to do this, please let us know and we will inform you of the information that is required in order to counter-notify. Filing a counter-notification indicates that you are willing to defend yourself in court against a charge of copyright infringement, and you may be bound by civil and possibly criminal penalties if you are found liable. Therefore, we strongly recommend you seek legal advice before filing a counter-notification.
Please note that even if you choose to counter-notify, you will still be required to delete the entry in question. However if, after 14 calendar days from the date of counter-notification, the reporting party does not press charges against you, you will be free to use the material in question ."
I did write back and ask if there were other options available to me such as temporarily making the entire post private for the interim as well as listing the 'fair use' info, but i've not gotten a response from that message yet.
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I'd love to see British Airways trying to file a copyright case against me if i posted a photo of their food and then mentioned how horrible it was. Next time anyone decides to post information or thoughts that contradict another person's then be prepared to jump through some hoops.
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hopefully before the end of today, i will have more stuff to post.
though i also wonder why i should bother if 6 years of postings are about to get tossed out the door.