Quotes website receives "Cease & Desist" (page 9)

czarofmischief

Why not get a host in a foreign country, like Indonesia? What can they do about it over there?

CZAR

Incense_and_Peppermints

p.s. they can't even claim "droit moral" (moral rights), because Quotes only presents facts and information - no slander.

view of U.S. Congress

During the passage of the Berne Convention Implementation Act, the U.S. Congress specifically stated in 1988 (Senate Report 100-352) that rights equivalent to moral rights of authors were already recognized in the USA under:

the common law of misrepresentation and unfair competition,
§ 43(a) of the Lanham Act, 15 USC § 1125(a)(1)(A), which prohibits "false designation of origin, false or misleading description of fact" that is "likely to cause confusion, ... mistake," or deception about "the affiliation, connection, or association" of a person with any product or service.
defamation (libel) law.

Therefore, Congress asserted that law in the USA already complied with 6 bis in the Berne Convention, without any additions or changes to Copyright law in the USA.

17 USC § 104(c) specifically prohibits any person in the USA from relying on the protection of any right or interest specified in the Berne Convention, i.e., all rights in the USA must drive from statutes in the USA or common law in the USA.

In 1990, the U.S. Congress passed the Visual Artists Rights Act, 17 USC § 106A that specifically gave authors of visual art (e.g., painting, drawing, print, sculpture, still photographic image) the following rights of attribution:

the right to claim authorship
the right to prevent his/her name from being attached to works that he/she did not create
the right to prevent use of his/her name as the author after mutilation, distortion, or other modification of the work that is prejudicial to his/her honor or reputation

and the following rights of integrity:

prevent any intentional mutilation or distortion of the work that is prejudicial to his/her honor or reputation
prevent destruction of a work of recognized stature

If the law in the USA already adequately protected moral rights of authors, why was it necessary to add 17 USC § 106A, and why were the rights there limited only to visual art? The addition of § 106A in 1990 casts doubt on the assertion of the U.S. Congress in 1988 that moral rights were already adequately recognized in U.S. law.

all you are doing is sharing these images and narrative, unaltered and undistorted. i don't think they can get you for that. does anybody know an attorney who would be willing to provide free counsel on this? i don't.

confusedjw

Would the ACLU be interested in this for any reason? They do legal work free if it benifits freedoms

Incense_and_Peppermints

o0o... good idea! they just won this case for this kid who didn't want to stand at the pledge of allegiance every monring, so now no one has to stand up if they don't want to. i forget where, but i saw it on the ticker on one of the cable channels...

Quotes

Just posting ideas as they come up here:

First, I have received word back from my host that WT Lawyers have not, as of today, followed the protocol/provisions of the Digital Millenium Copyright Act (DMCA). (morons)

Second, in researching the DMCA, I just ran accross this:

=========================
In order to discourage unmeritorious notifications by copyright owners and counter-notifications by alleged infringers, section 512(f) provides liability for "any person who knowingly materially misrepresents... that material or activity is infringing, or ... that material or activity was removed or disabled by mistake or misidentification." Liability for such misrepresentations covers any damages, including costs and attorney's fees, incurred by the copyright owner, the alleged infringer, or the service provider.
=========================

If I read that right, it means if they try to make a case out of bull-shit ("unmeritorisous") and take it to court, they will have to pay for *EVERYBODY'S* legal costs.

~Quotes, of the "been waiting 6 years for the other shoe to drop" class

Incense_and_Peppermints

In order to discourage unmeritorious notifications by copyright owners and counter-notifications by alleged infringers, section 512(f) provides liability for "any person who knowingly materially misrepresents... that material or activity is infringing, or ... that material or activity was removed or disabled by mistake or misidentification." Liability for such misrepresentations covers any damages, including costs and attorney's fees, incurred by the copyright owner, the alleged infringer, or the service provider.

i haven't seen any misrepresentation of material on your site, nor mistakes or misidentifications...

keeshah

I don't know it this has been mentioned or not (because I didn't have time to read thru all the posts), but they have tryed and succeded in taking the Elder's manual off of the website that I had it saved on. I did manage to find it on another site, but ONLY one and who knows when it will vanish from there.

The internet has them running scared. I'm just afraid that they are winning.

Spinless pieces of $#!+

Scully

Quotes:

First, I have received word back from my host that WT Lawyers have not, as of today, followed the protocol/provisions of the Digital Millenium Copyright Act (DMCA). (morons)

So, does this mean they will hold off taking any action against the Quotes website until such time as the WTS gets their shit together and does follow the protocol/provisions of the DMCA?

Glen How must be running out of Depends undergarments - imagine! being told that he needs to follow the protocol/provisions of the DMCA. How DARE they!!

Love, Scully

Brummie

They get right up my hairy nose, they fight for the rights of "freedom" in all these countries and yet forbid the freedom of others, fkin hypocrits. WhoTF do they think they are? geeesh, makes me so angry that I have to nurse my blood vessles for hours after.

Swan

They have been successful in the past by not following DCMA protocols and directly approaching the webmasters or ISPs. Usually if someone gets an official looking cease and desist letter from an attorney, they automatically comply.

Tammy

Quotes website receives "Cease & Desist"

view of U.S. Congress

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