Our Posts From Bsda Are Showing Up On Save3abn Options

[princessdi]

Are you kidding? You ARE posting on the internet! Come on! You are not that stupid. Cut and Paste is a basic function. Then what are you worried about? If this indeed the truth, where does it matter where it is posted. Are you posting something here, and something else on other sites? Get a grip!

People, several posts that have been made here have shown up on Gailon's site. Bystander, Lee, Altheia, Hoty, PB and possibly others. This is wrong!!! When we joined here, I think most of us expected our comments here, to stay ,here. How has this happened? As I know of, none of these people have given permission for their comments to be taken over there. If 3 abn is taking Gailon to court over his site, do you want your comments on there to be drug in along with Gailons? Who knows what all that could mean.
I must insist that Calvin contact GJ and stop this practice and more over, to remove what he has already used there.

[Observer]

According to U.S. law, at least, an author's original works are covered by copyright, even without a formal notice incorporated into the work . . . Technically, any Internet posting (such as blogs or emails) could be considered copyrighted material unless explicitly stated otherwise.

I agree with your statement above. As I understand U.S. copyright law:

1) An author's origonal works are protected from the moment of their birth.

2) There is no requirement that the author place either the copyright symbol, or a statement of copyright, in that intellectual work. e.g. Copyright protection exists without such.

I did not state that copyright protection did not exist for people posting in this Internet forum. I stated that I questioned whether or not the people posting had complied with the requirements of the law in regard to asserting their copyright rights. There is a big difference between what I stated, and what you reference.

As I understand the U.S. law, once the holder of a copyright does what is required by the law, that person may assert those rights against furture infringements, but not for infringements prior to compliance with the law. Prior to doing what the law requires, the holder of those rights may not seek protection from a U.S. court.

There are potentially other issues that may come into play here, that make the quetions of whether or not one can copy and post. I am not getting into those.

As I am neither a licensed attorney, nor an expert in the law, anyone seeking specific advice in this area should see the advice of an attorney competent in copyright law. It is quite complex.

[Lee]

Johann, I am not exempted. I didn't say I was. I have made my share of mistakes, but I have never lied. I do not lie because I am a Christian and I believe in the judgment of God.

[Pickle]

Gregory,

My understanding is that if Danny et. al. can prove that their BSDA postings have declined in profitability because of Gailon's site posting them, then they could collect on damages. However, if those particular postings have little or no commercial value, I'm not sure they would have a case, even without the fair use doctrine.

As far as fair use goes, if the copying and excerpts are done for the purpose of comment and criticism, then it could be permissible even if those postings could be proven to have commercial value.

I say "could be" because when the courts decide whether something is fair use or not, there are four factors that they consider, and they apply them on a case by case basis. There is no hard and fast rule.

[Seraphim7]

This is dedicated to you wwjd and all your friends



Artist or band: Questionmark & The Mysterians
-----------------------------------------------



Too many teardrops for one heart to be cryin
Too many teardrops for one heart to carry on
Youre way on top now since you left me
Youre always laughin way down at me
But watch out now, I'm gonna get there
W'ell be together for just a little while
And then I'm gonna put you way down here
And you'll start cryin ninety-six tears
Cry, cry

And when the sun comes up, I'll be on top
You'll be right down there, lookin up
And I might wave, come up here
But I don't see you wavin now
I'm way down here, wonderin how
I'm gonna get you but I know now
I'll just cry, cry, Ill just cry

Too many teardrops for one heart to be cryin
Too many teardrops for one heart to carry on
Youre gonna cry ninety-six tears
Youre gonna cry ninety-six tears
Youre gonna cry, cry cry cry now
Youre gonna cry, cry, cry, cry
Ninety-six tears
C'mon and lemme hear you cry, now
Ninety-six tears, I wanna hear you cry
Night and day, yeah, all night long
Uh-ninety-six tears, cry cry cry
C'mon baby, let me hear you cry now, all night long
Uh ninety-six tears, yeah c'mon now
Uh-ninety-six tears
x (96)
-----------------------------------------------

This post has been edited by seraph|m: Feb 13 2007, 01:23 PM

[Noahswife]

It is quite complex.

This is an understatement at best. Most attorneys who are competent in other areas would never give you legal advise in this area of intellectual property law and refer you to someone who devotes their practice to and has experience in litigating these issues.

It is a legal practice area where you are going to get what you pay for......caveat emptor....

This post has been edited by Noahswife: Feb 13 2007, 01:34 PM

[Observer]

This is an understatement at best. Most attorneys who are competent in other areas would never give you legal advise in this area of intellectual property law and refer you to someone who devotes their practice to and has experience in litigating these issues.

It is a legal practice area where you are going to get what you pay for......caveat emptor....

Correct. And, I am not giving legal advice.

[fallible humanbe...]

I did not state that copyright protection did not exist for people posting in this Internet forum. I stated that I questioned whether or not the people posting had complied with the requirements of the law in regard to asserting their copyright rights. There is a big difference between what I stated, and what you reference.

As I understand the U.S. law, once the holder of a copyright does what is required by the law, that person may assert those rights against furture infringements, but not for infringements prior to compliance with the law. Prior to doing what the law requires, the holder of those rights may not seek protection from a U.S. court.

Gregory,

My apologies if it seemed I was casting what you said in a different light. I didn't intend to as I understood what you were saying.

From www.copyright.gov

How to Secure a Copyright
Copyright Secured Automatically upon Creation

The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following note.) There are, however, certain definite advantages to registration. See “Copyright Registration.”

Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the “work”) can be fixed in sheet music (“copies”) or in phonograph disks (“phonorecords”), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

Additionally from the same site in regards to "registration":

Copyright Registration

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

* Registration establishes a public record of the copyright claim.

* Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.

* If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

* If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

* Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on “Intellectual Property Rights.”

Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

While copyright law is akin to a foriegn language, there are two facts that are rather simple:

1. Copyright exists as soon as you write it.

2. If you register a copyright within 3 months (or prior to an infringement), your potential monetary compensation in a legal case is greater than if you register it within five years from its inception or after an infringement.

So it is the actual legal case where things get tremendously complicated because of things such as the Fair Use Doctrine.

So, if you want what you say here to be protected you have to run get it registered and then proceed with a potentially protracted legal case. As for me - too much work and wasted time involved.

- FHB

This post has been edited by fallible humanbeing: Feb 13 2007, 02:16 PM

[PrincessDrRe]

The quick fix/solution is that if you don't want your words repeated - then don't say them in the first place...

This still leads one to wonder if you are so "FOR" what you are saying to be truth - why not want it screamed all over the land....

Post it where you want - I don't care. Why? If it's truth here at BSDA it will be truth in a newspaper, magazine, other internet site, written on a piece of scrap paper, toilet paper, (mock)cocktail napkin, in Japanese, German, w/ spray paint on the side of a bus, w/ gravy on a large spread of mashed potatoes.....

It won't matter where it is said - as long as it's truth.

[Panama_Pete]

So, if you want what you say here to be protected you have to run get it registered and then proceed with a potentially protracted legal case. As for me - too much work and wasted time involved.

- FHB

And you might also have to tell the Copyright Office your name so you can claim your publishing royalties.

Unless, of course, you want your royalty checks to say Pay to the Order of "Fallible H. Being. "

[Seraphim7]

The quick fix/solution is that if you don't want your words repeated - then don't say them in the first place...

This still leads one to wonder if you are so "FOR" what you are saying to be truth - why not want it screamed all over the land....

Post it where you want - I don't care. Why? If it's truth here at BSDA it will be truth in a newspaper, magazine, other internet site, written on a piece of scrap paper, toilet paper, (mock)cocktail napkin, in Japanese, German, w/ spray paint on the side of a bus, w/ gravy on a large spread of mashed potatoes.....

It won't matter where it is said - as long as it's truth.

Holla.

[sonshineonme]

And you might also have to tell the Copyright Office your name so you can claim your publishing royalties.

Unless, of course, you want your royalty checks to say Pay to the Order of "Fallible H. Being. "

that is helarious!
we need the humor in amongst this mess!

[Johann]

Johann, I am not exempted. I didn't say I was. I have made my share of mistakes, but I have never lied. I do not lie because I am a Christian and I believe in the judgment of God.

Then be careful, Lee, that you don't break that record. "Show me who you associate with, and I'll tell you who you are!" Watch out that this does not meet you in the final judgment.

[PrincessDrRe]

Johann, I am not exempted. I didn't say I was. I have made my share of mistakes, but I have never lied. I do not lie because I am a Christian and I believe in the judgment of God.

Really?

You have never told a lie? Even if it was in-advertantly?



Whoa......

You're good....

.....and even beyond Danny himself. Being that he has admitted to falsehoods/wrongs....

Maybe you should lead 3ABN now....

[Richard Sherwin]

The only Person I've ever met Who never told a lie died for me on Calvery. I know Jesus, He's a friend of mine, you are not Jesus.

Richard

Johann, I am not exempted. I didn't say I was. I have made my share of mistakes, but I have never lied. I do not lie because I am a Christian and I believe in the judgment of God.