Re: Online forums being sued for copyright infringement...

[Zulu Cowboy]

There have been some new developments to this story.

According to the DMCA, to take advantage of the clause allowing internet forums a chance to remove the offending material, instead of just automatically being sued...the forum owner has to register his agent's, name/address/phone/fax/email, with the copyright office...allowing contact to be made. (the 'agent' can be himself). This way you will have to be given notice by the copyright owner, and given a chance to remove the offending material, before a lawsuit can be filed.

Here's the form to use: http://www.copyright.gov/onlinesp/agent.pdf

Here's the legal mumbo jumbo, and where I found this info: LINK

The part of the DMCA that provides a defense for online service providers who have users posting infringing material, does require the website owner to register an agent to receive notification of claimed infringement, if the service provider wants to take advantage of this defense. If this is not done, the usual defenses to copyright infringement (i.e. fair use) are still available.

Text of Copyright Act, §512:

© Information Residing on Systems or Networks At Direction of Users.—

(1) In general.— A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—

(A)

(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

( does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

© upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

(2) Designated agent.— The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:

(A) the name, address, phone number, and electronic mail address of the agent.

( other contact information which the Register of Copyrights may deem appropriate.

The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, in both electronic and hard copy formats, and may require payment of a fee by service providers to cover the costs of maintaining the directory.

(I definitely think it would be worth the $110 filing fee to do this...). You should also list your full domain name under the 'Alternative Names' section, (per group of 10 or fewer...$30 more).

Disclaimer:

I am not an attorney and I offer this opinion for informational purposes only. Please seek your own legal advice from a qualified professional.

Zulu Cowboy

Edited August 1, 2010 by Zulu Cowboy

[Guest 6.8 AR]

Ambulance chaser looking for new victims.

[kb4ns]

Ambulance chaser looking for new victims.

That's what it sounds like to me.

[Il Duce]

What a yogurt slinger sucker

Sent from my Galaxy S using Tapatalk

[waynesan]

This has the potential of getting way out of hand quick. Clayton Cramer's "The Armed Citizen" has already been shut down as a result of a lawsuit by the group pushing this. The Armed Citizen

This Righthaven outfit is out to make money thru lawsuits against any forum that links or quotes from their publications. And apparently they are buying publications left and right just so they will have copyright protection for their articles so they can turn around and sue those who quote them in online forums. What a great business plan. Here is a list of their owned publications.

No Lawyers - Only Guns and Money: Stephens Media LLC, RightHaven LLC, and Bloggers

I have seen where several gun forums have initiated new rules regarding quoting from other sources to try and avoid the same thing that happened to "The Armed Citizen".

Probably would be a good idea to make plans to make changes here until the dust settles.

Edited August 14, 2010 by waynesan

[Rightwinger]

And to think I was committing a crime every time I noted quotes in all those papers in college!

My fallback will be to sue the professors for "instructing" me from a position of authority to have done so.

[laktrash]

This may be off track but We have a sports bar that my wife runs. We have to pay two different groups for the use of songs "royality I guess". This includes juke box, karaoke or live entertainment. Basically, if someone walks in off the street and and sings a song we are charged for it. They watch your ads or call like the're a customer to see what entertainment you have and then hit you with this. One group just sent a letter another sent a rep. Its all legal we had it checked out. Just another way for a flimflam man to make money. We're not big time just something her parents started years ago. I guess I consider this similar to whats happening with the forums.

[Handsome Rob]

He has the kind of face I'd never tire of slapping.

***king Parasite.

[SithL0rd]

The DMCA is one of the worst pieces of legislation to have ever passed.

Heres a very long but informative article.

Open Spaces Magazine - The Purpose of Copyright by Lydia Pallas Loren