kumimonster ◾ ◾ Entries tagged withlivejournal

2008-05-26 12:28

so uh
my buddy n old flatmate (lived with

ynl when i was crashing) is doing that big LJ election thingy.

if you care about LJ or just want to pick someone and don't know who to vote for, well you could pick him
i did.

oh and take a look at his videos. he actually looks like he's paying attention to things. oi?

First off
Who is

deathboy ?

then more on his policies n stuff

THIS is where you go n vote (for

deathboy) and any of those other wankers.

◾ Tags:

livejournal,
lj

2008-04-23 01:42

so um, i posted about what happened at an event and

renedeparade decided he didn't like what i wrote.
then he commented and found himself lacking the testicular fortitude to stand his ground so instead took a jump backwards and decided to run away and cover his tracks by deleting his posts in my LJ thread. I don't care if he wants to go n delete crap out of his own LJ, but he's not doing it in mine, hell, i don't even censor myself (one the dangers of drunk posting). he's especially not doing it in mine when he's got responses to his posts.

so i went and posted them back up and noted their places in the thread (there were 4 in total).

he decides to cry to LJ in order to get them to take my thread down, which they cant do since they're not responsible for content posted.
what he didnt realize was that he was binding himself under perjury (under US Federal law) that he was filing the abuse report (of copyright violations against me) under those same conditions. Of course he ended up admitting that he was completely ignorant of the frikken ToS of LJ as well as US copyright and fair use exemptions.

so was i supposed to be a total pussy n just freak out n delete the stuff he didn't like? shit. he decided to file this (legal and binding) report against me, No way in hell i'd delete his posts by this point. So i filed the counter, and gave my legal address in california and told my parents to expect someone to come serve me papers (some states allow 3rd parties to accept). oh, and by giving my address in cali, that would mean he'd have to haul his ass out to the nearest US Fed court to continue with his charges. hmm San Jose or San Francisco, CA. Pretty damn nice for me. I can hang out with my family while he flies his ass over from Germany.

Sure it sucked having my LJ gone for 2 weeks. I realized not only is it the place i waste a lot of time, but it's also where i blog a lot. it's where i can punch in a date and look up where i happened to be at a certain time in the past. Having a permanent account is also nice because i have quite a few more features. Oh, and i use the scrapbook a lot. i store images on there that i sometimes use for other sites. when te LJ got suspended, those images were no longer seen.

no community access of course, so no moderating really goin on, but those are pretty good comms. so no big spam or losers posting too much crap.

i also store information in private posts that have to do with a lot of my work and travel and i was unable to access this information for over 2 weeks which really fucked some things up. luckily i did copy/paste some website worklists i had saved in LJ. i was able to deal with preparing some updates. unfortunately, didnt get to promote all that much - i actually get some conversions for my website on here.

however i was unable to access interviews and articles that i was in the progress of writing and missed those due dates so that also cost me a lil something. i totally forgot about those.
need to make sure i get those off LJ next time this happens...

And if this happens again? i'll sure as shit stand up for myself - or at least let the courts do it - and not let some asshat tell me what the fuck i can or cannot or should or should not write in my own blog.
even if it means i dont get LJ for 2 weeks or whatnot.

here are the posts that show my correspondence with LiveJournal abuse , etc
and the one that started all the ljdrama crap - with the original posts intact.
gotta start at the bottom since it's in reverse chronological order (and skip te first two posts)
http://kumimonster.livejournal.com/tag/livejournal

since he forfeited by not filing thru the court system, in can now leave his comments alone or post them in a new thread. pfft.

tired. back to half naked girl fotos tomorrow. bedtime for now!

◾ Tags:

2008-04-04 09:28

renedeparade is saying now how he removed his complaint because he thought the whole thing just wasn't worth it.
he says he never tried to have my LJ closed down even though he was the one that filed the abuse report. Granted, it would and could remain online if i ceded to his demands and decided to admit that i was in violation of copyright laws.

Of course, if he DID retract his complaint, then i'm wondering why LJ abuse still demands that I take down certain posts.
I have yet to receive a notice from LJ stating that the issue is dropped.

I highly doubt his further inaction is due to charity or any sort of good will.
Perhaps he was not interested in taking a trip to California to check out the local court system.

I suppose they still want me to take the comments down, if only temporarily.
it depends on if he decides to file. it's up to him.
The weather is kind of nice in Cali.

This is my last bit of correspondence with the LJ abuse team from yesterday.

---

hello,

Thank you for the information.

I am curious to know, if I delete the individual comments, how will a court of law will be able to see what was written and the context in which they appear and then decide whether or not this usage falls under the provisions of the DMCA?

As to the identity of the person who complained, he has already admitted to filing the complaint in subsequent my blog posts as well as in private communication directly with me.

He also stated that he was ignorant of the LJ ToS (as well as US copyright law and the DMCA) and is under the belief that the LiveJournal abuse team will also decide whether or not my reposting of his comments is legal or not. I tried to explain to him that under the DMCA, LJ holds no liability for content posted/hosted on the site and that further action will take place via the legal court system.

As a supporter of the EFF (Electronic Frontier Foundation) I do try to keep up to date with my rights as a blogger as well as the rights of others so as not to find myself in violation of various laws.

This person posted a response on my blog which open for public display and any subsequent commentary thereby giving me implied license at least for this display and the incidental copying that goes along with it.

Of course, I do not wish to be suspended from LiveJournal as I have been a supporter for a number of years. But I maintain that this complaint was filed because an individual was not happy with the way a particular discussion was heading. In private conversation he also tells me that I need to retract my other postings because they do not coincide with his ideas. Hopefully he will not follow through by abusing the LJ ReportAbuse feature even more.
This is embarrassing and taking time and effort away from serious infractions.

However, I do wish to proceed and counter-notify.
I do have some questions in regards to (D): I am currently traveling in Europe.
I could supply my legal home address in Palo Alto, California but I am not returning for a few months. I will most likely be in London for a period of time (and headed to Atlanta for a week). If I must, I have no problem with heading back to the United States to defend myself against this inaccurate charge.

once again, thank you for your time.

kumi

--------

Dear Livejournal:

This letter is written in response to your notification to me of a complaint received about my web page(s). The pages in question are:

http://kumimonster.livejournal.com/1417 577.html?thread=9173353#t9173353
http://kumimonster.livejournal.com/1417 577.html?thread=9173609#t9173609
http://kumimonster.livejournal.com/1417 577.html?thread=9173865#t9173865
http://kumimonster.livejournal.com/1417 577.html?thread=9173097#t9173097

My response to this complaint is as follows:

The claims of copyright violation should be rejected because I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.

Furthermore, my use of the material is legally protected because it falls within the "fair use" provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, they are free to take up the matter with me directly, in the courts. You, the ISP, are under no obligation to settle this dispute, or to take any action to restrict my speech at the behest of this complainant. Furthermore, siding with the complainant in a manner that interferes with my lawful use of your facilities could constitute breach of contract on your part.

Finally, the complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has failed to:
~ Provide a complaint in written form. [17 USC 512(c)(3)(A)]
~ Include a physical or electronic signature of the complainant. [17 USC 512(c)(3)(A)(i)]
~ Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii)]
~ Provide the URLs for the specific files on my web site that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]
~ Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address. [17 USC 512(c)(3)(A)(iv)]
~ Include a written statement that the complainant has a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law. [17 USC 512(c)(3)(A)(v)]
~ Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512(c)(3)(A)(vi)]

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

My name, address, and telephone number are as follows:
xxxx xxxxx xxxxxxx
XXXX Xxxxxxxx Xxxxx
Palo Alto, CA 94303
+44 (0) xxxxx xxxxx

I am currently traveling outside of the United States and this contact number in the UK is the best way to reach me. If this proceeds further, I can provide other numbers as appropriate.

        I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which you, the ISP, may be found).

        I agree to accept service of process from the complainant.

        My actual or electronic signature follows:

        /electronically signed/

        Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the complainant of this notice, and to restore the material in dispute (or not take the material down in the first place), unless the complainant files suit against me within 10 days.

kumi

------------------------------------

Dear LiveJournal user kumimonster,

Thank you for your counter-notification. We have passed your details on to the person who submitted the DMCA complaint. You will be permitted to continue using the comments in question on Friday, April 18, 2008, unless the complainant provides us with notification that he or she has filed an action seeking a court order to restrict your use of this material.

Please note that you are still required to disable access to these comments. This can be done by deleting these comments yourself (please note that LiveJournal does not have the tools to restore the comments once they have been deleted; therefore, you may wish to take a copy of the comments so that you can repost them after the date provided above if no legal action is taken against you). Alternatively we can suspend your account for the duration of the waiting period. If you choose not to delete these comments and you do not ask us to suspend your account, we may have to take further action on your account.

At this time, LiveJournal is no longer involved in this dispute and will not discuss it further with either party, barring a court order compelling LiveJournal to provide information specific to this situation or notification.

Regards,
LiveJournal Abuse Prevention Team

◾ Tags:

livejournal

2008-04-03 09:20

12:01 AM (EDT) on Thursday, April 03, 2008

that's the time LJ abuse gave me.

-------

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

--------

------

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 that renedeparade 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.

◾ Tags:

livejournal

2008-04-02 10:16

so since

renedeparade decided to file an LJ abuse report against me for copyright infringement, I might have my LJ suspended as of tomorrow.

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.

---

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.

----

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.

◾ Current Mood: aggravated

◾ Tags:

livejournal

2008-03-31 10:28

ournso this morning i got into the office (at HWdesign) and checked email
seems someone decided to file a copyright violation complaint against something i posted.

Dear LiveJournal user kumimonster,

We have received a report, properly formatted under the provisions set
 forth by United States law, indicating that comments on your entry
 located at http://kumimonster.livejournal.com/1417577.html violates the
 copyright of another. As such, we hereby direct you to delete the entire
 entry and cease using the material on LiveJournal as soon as possible,
 but no later than 12:01 AM (EDT) on Thursday, April 03, 2008, to avoid
 further action against your account.

If you feel that this report is in error or that your use of the
 material falls under one of the categories permitted under copyright law, you
 are entitled to file a counter-notification, also under the provisions
 of US law; please contact us for information on how to do this. 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.

-------------

This is actually a bit amusing as I really don't see how posting my own thoughts and opinions violates the copyright of someone else in this case (or the postings of others as well). In order to chase up the case, it seems that both parties will have to defend themselves in a US court of law. Easy enough

I wrote back under the LJ terms for a counter complaint.

Here's my response:

----

Hello,

I received a report from the abuse team indicating that I have violated copyright law. I have been directed to delete the entire entry and cease using the material as well. This is supposed to be done by April 3, 2008 in order to avoid any further action against my account.

here is the entire journal entry in question:
http://kumimonster.livejournal.com/1417577.html
(i realize that you have asked for specific entries but it seems that the complaint that was filed is directed against the entire entry).

I am a bit puzzled as to how I have broken any copyright laws when my journal is entirely composed of my personal thoughts and opinions.
I question whether or not there is anything within this post or the subsequent comments that violates copyright law in the United States - or elsewhere.

Admittedly, in the particular entry in question there are a total of FOUR deleted entries made by LJ user renedeparade (whom I believe most likely made the complaint). These are entries that he made himself and then attempted to censor. I reposted them so that the subsequent responses would make sense. If he did not want his opinions broadcasted via my journal, he could have simply not openly commented in my journal.

Please contact me if you have any other questions or if I need to contact someone directly via email.

As as permanent LJ account holder, I enjoy the privileges I receive. I post often in LJ on more than daily basis and have done so regularly for just over 6 years now.

Thank you for your timely response,
Kumi

◾ Tags:

livejournal

2008-03-23 06:09

today woke up at 6am.
i suppose that's better than 3h30. i'll have to figure out a nap before the rehearsals start at 15h00.

didn't end up going to the party last nite but did go out to dinner with

world_of_rubber,

mistress_sandra, HaraldW, Tina, Anna Vorski, Dan, RubberPixy and Amrita.

yesterday spoke to the designers at the expo and took care of some preparations and gave out n collected bits of info for the show.

seems like a decent turnout of people. we'll see how the ball is. the hotel is pretty much packed and they're probably quite happy with all the sales. the staff is super nice.

the friday night event was also held in the same venue as last night.
unfortunately i didn't make it out but then i suppose it saved me a trip going out there as a lot of people did go only to have to make the trip back right away.

it seems that the police were called and the event was shut down for the night.
And there it was in black and white on the official piece of paper: Rene de Parade's name, the promoter of the German Fetish Ball.
He supposedly called in the complaint and decided to "ruin" the party for the Fetish Evolution team.

It only shifted the event back to the hotel and but quite a few number of guests were disappointed and a bit put out including those that didn't care about any behind the scenes fighting between the two events which has been going on for quite some time. Those were the ones that would have paid to go to both events. But pretty much everyone has heard or has seen the paper themselves, including those that cover what's going at parties and whatnot. saw tonyM and he said he's sure to have something to say about it as well as the other people i spoke to from various other countries.

There was a rumor that he attempted to try again yesterday albeit unsuccessfully.

Talk about cutting off your nose to spite your face.
Unless of course this is some kind of reverse psychology tactic to get people to come to your event and in some way proving that yours is better by openly sabotaging the guests and proving what a mental case one is.

of course, it ALSO could have been someone posing as RdP to cause more problems, but with all the craziness that has happened before, who the hell really knows?
Fuckin' mental here

ok. time to get my ass out of bed and check out the breakfast.

◾ Tags:

livejournal

2007-04-25 21:13

i was bored, so I started a new community for posting pix of latex hoods and masks.

latexhoods

actually, i was in the gasmaskfetish community and realized that there were no communities devoted to latex hoods and headgear, so that's why i started this one.
i figure maybe i will expand it to hats and such, but we'll see...

◾ Tags:

2006-08-21 15:44

i added more postings n parties to

fetishparty
events include cities:
dortmund, london, copenhagen, paris, atlanta, lyon, amsterdam & others

go post your event too!

◾ Tags:

livejournal

Profile

kumimonster

Tumblr MoBlog

April 2017

S	M	T	W	T	F	S
						1
2	3	4	5	6	7	8
9	10	11	12	13	14	15
16	17	18	19	20	21	22
23	24	25	26	27	28	29
30

Expand Cut Tags

No cut tags

waste o time place

◾ my occasional blatherings

◾ Entries tagged withlivejournal

The LJ vote thingy

why was i suspended?

morning..

(no subject)

last day of LJ?

copyright violation

sunday sunday sunday!!!

latex hoods comm

communities

Profile

April 2017

Page Summary

Most Popular Tags

Expand Cut Tags

Syndicate

Style Credit