12:01 AM (EDT) on Thursday, April 03, 2008
that's the time LJ abuse gave me.
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My response to their message:
thank you for your reply!
But I must explain that the comments in my entry are not in violation
of anyone's copyright. the text I wrote was a summary of what had
occurred at an event I attended in germany. The person whom I believe
is responsible for this abuse report has filed numerous such things on
various boards when the opinions of others don't coincide with his own.
As far as reposting the comments from LJuser renedeparade that were
previously deleted (if these are the actually parts of the post in
question), if need be, i can put them in quotes - reinforcing the fact
that they are the words of someone else - or i can simply paraphrase
them.
Could you please explain to me, what exactly the abuse report is
specifically referring to? Is it my original post? According to the
original abuse report email sent to me, i can't even use the content
posted within! How is it that my report of my personal experiences is
violating someone else's copyright?
I would like information about filing a counter notification as I
believe this is completely unfair due to the fact that this person is
abusing the LJ abuse system.
--
Sorry, I hit 'post comment' before I was finished.
I have read and reread the TOS (especially XIV Journal Content and XVI Members Content).
In the original email sent to me, I have been only given 2 choices,
either submit to the take down notice or file a counter claim. There is
no other option offered to me. So I am asking just to be clear,
regardless of what follows, I have to take down the post entirely in
order to keep my LiveJournal account active? Can I not make it simply
'private' rather than lose it all? Is reposting it all in a private
post also not allowed?
The post is entirely my own therefore cannot be copyright
infringement so I would like to follow up with a counter notification
on the grounds that the bulk of the material is my own or licensed
material, and the small subset of potentially problematic material is
used consistent with the Fair Use Exemption and is justifiable on all
four factors required to determine what constitutes fair use.
- 1. the purpose and character of the use, including whether such use
is of commercial nature or is for nonprofit educational purposes;
- 2. the nature of the copyrighted work;
- 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- 4. the effect of the use upon the potential market for or value of the copyrighted work.
Also, is it possible to know who filed this report against me?
Thanks again,
kumi
------------------------------------------
Their last reply:
Dear LiveJournal user kumimonster,
Thank you for your follow up. We have reviewed the original report and
your follow ups to our communications, and we can confirm that you do
not need to delete the entire entry, as previously instructed. I
apologise for the misunderstanding and confusion caused. You do,
however, still need to delete the comments in question. The comments
are as follows:
http://kumimonster.livejournal.com/1417577.html?thread=9173353#t9173353
http://kumimonster.livejournal.com/1417577.html?thread=9173609#t9173609
http://kumimonster.livejournal.com/1417577.html?thread=9173865#t9173865
http://kumimonster.livejournal.com/1417577.html?thread=9173097#t9173097
Your original entry and any other comments to the entry may
continue to exist on the site – we will not require removal on these at
this time.
For privacy and confidentiality reasons, we cannot tell you who
submitted the complaint against you. However, please note that
regardless of whether you decide to counter-notify or not, those
comments, as listed above, must be deleted from the site – changing
your entry to private or friends only is not considered compliance, and
may result in further action being taken against your account. Once the
comments have been deleted, there is no way to restore them using the
LiveJournal system – you may wish to take a note of the comments so
that they can be reposted if a court of law decides that their use
falls under one of the provisions under the DMCA.
If you would still like to counter-notify against these particular
comments, please be advised that under the provisions set forth by 17
USC 512 (g)(3), a counter-notification must consist of the following:
(A) Your physical or electronic signature;
(B) Identification of the material in question, including the location at which the material appears;
(C) A statement, made under penalty of perjury in a United States
court of law, that you have a good faith belief that the material in
question was identified as a copyright violation as a result of mistake
or misidentification, including the reasons why you believe this;
(D) Your full name, address, and telephone number, along with a
statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located (or,
if you reside outside the United States, the district in which
LiveJournal is located) and that you will accept service of process
from the person who provided the initial notification.
Upon receipt of your counter-notification, we will provide your contact
information to the individual who has filed the notice of copyright
violation, so that he or she may begin legal proceedings against you.
You will also be required, again under United States law, to remove the
material for a period of 14 calendar days, to permit time for legal
action to be filed.
Once again, we strongly urge you to contact a lawyer before filing a
counter-notification. By filing a counter-notification, you indicate
that you are willing to allow the courts to decide the right of use of
the material in question, and you will be bound by civil and possibly
criminal penalties if the case is decided against you.
Regards,
Charlotte
LiveJournal Abuse Prevention Team
--------
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I'm quite curious to know how the courts will decide if the comments are deleted. lol.
the address in which i reside? That would be California.
I will have to be served there if i put that as my legal addy.
but i'm not there. will be in the UK or else Atlanta in the next couple of weeks.
fine with me.
Maybe they'll pick a nice weekend in early May to deal with the court proceedings.
it is nice to know that they are actually responding to my inquiries and direct comments.
and that they're also realizing thatrenedeparade filed his complaint in complete ignorance of
the LJ ToS as well as US copyright/DMCA laws.
now to compose my response to them.
----
But first:
From the EFF
(Electronic Frontier Foundation)
Blogger's FAQ on Intellectual Property
If a reader comments on my blog, does she license the rights to me?
When a person enters comments on a blog for the purpose of public display, he is probably giving an implied license at least for that display and the incidental copying that goes along with it. If you want to make things clearer, you can add a Creative Commons license to your blog's comment post page and a statement that by posting comments, writers agree to license them under it.
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