Thread Rating:

RS
RS
Joined: Feb 11, 2014
  • Threads: 62
  • Posts: 8623
October 26th, 2015 at 10:16:23 PM permalink
Can I now edit all my posts referencing "Exotar" to "Exotard"?
MathExtremist
MathExtremist
Joined: Aug 31, 2010
  • Threads: 88
  • Posts: 6526
October 26th, 2015 at 10:18:34 PM permalink
Quote: RS

Exotar, are you insinuating because there is no TOS, that you can take legal action against WOV if you get permanently banned?

For what it's worth -- and again, I am not an attorney -- the issue of copyright isn't in play because he wrote his posts. The issue is whether he has the legal right to demand removal of that content given the current lack of explicit content license. I'd suggest that he'd have a very hard go of it in court -- both "fair use" and "implied license" would seem to apply as affirmative defenses. See Righthaven v. Klerks:
http://www.scribd.com/doc/37812449/Righthaven-v-Klerks

From a damages standpoint, he quoted from other copyrighted works (other members' posts) more often than he published new ones, so a counterclaim for infringement damages would end up not in his favor. With minimum statutory damages of $750 per infringement under 17 USC 504(c), I think he could end up >$15,000 in the hole not including legal fees.

In other words, litigation would *not* be an AP move here.
"In my own case, when it seemed to me after a long illness that death was close at hand, I found no little solace in playing constantly at dice." -- Girolamo Cardano, 1563
Ibeatyouraces
Ibeatyouraces
Joined: Jan 12, 2010
  • Threads: 68
  • Posts: 11933
October 26th, 2015 at 10:26:43 PM permalink
Quote: MathExtremist

For what it's worth -- and again, I am not an attorney -- the issue of copyright isn't in play because he wrote his posts. The issue is whether he has the legal right to demand removal of that content given the current lack of explicit content license. I'd suggest that he'd have a very hard go of it in court -- both "fair use" and "implied license" would seem to apply as affirmative defenses. See Righthaven v. Klerks:
http://www.scribd.com/doc/37812449/Righthaven-v-Klerks

From a damages standpoint, he quoted from other copyrighted works (other members' posts) more often than he published new ones, so a counterclaim for infringement damages would end up not in his favor. With minimum statutory damages of $750 per infringement under 17 USC 504(c), I think he could end up >$15,000 in the hole not including legal fees.

In other words, litigation would *not* be an AP move here.


Let's refer this to our resident lawyer, Teddys...
DUHHIIIIIIIII HEARD THAT!
AxelWolf
AxelWolf
Joined: Oct 10, 2012
  • Threads: 152
  • Posts: 20077
October 26th, 2015 at 10:32:10 PM permalink
I didn't know you could copyright BS
♪♪Now you swear and kick and beg us That you're not a gamblin' man Then you find you're back in Vegas With a handle in your hand♪♪ Your black cards can make you money So you hide them when you're able In the land of casinos and money You must put them on the table♪♪ You go back Jack do it again roulette wheels turinin' 'round and 'round♪♪ You go back Jack do it again♪♪
AlanMendelson
AlanMendelson
Joined: Oct 5, 2011
  • Threads: 130
  • Posts: 4182
October 26th, 2015 at 10:51:14 PM permalink
I can handle the legalities here. It's Journalism 101.

He made the posts on his own without any contract. He can't withdraw them. Simply you can't unring a bell.
RS
RS
Joined: Feb 11, 2014
  • Threads: 62
  • Posts: 8623
October 26th, 2015 at 11:24:17 PM permalink
Quote: AxelWolf

I didn't know you could copyright BS



ROFL
Dodsferd
Dodsferd
Joined: Jun 10, 2015
  • Threads: 1
  • Posts: 375
October 27th, 2015 at 12:14:47 AM permalink
Quote: Mission146

Hell with that, I'd call dice!!!



Absolutely. Age before beauty, you're up :)
This feeling is heavy, makes my body ache and I'm ready; To fall into the sky and I see now, the reason why. My heart is heavy, takes me to a place I can't breathe. Only then I know why I see the warning sign.
teddys
teddys
Joined: Nov 14, 2009
  • Threads: 150
  • Posts: 5450
October 27th, 2015 at 3:10:37 AM permalink
Quote: Greasyjohn

I've got Silk Almondmilk in my refrigerator that lasted longer than Exoter175.

I get the Kroger brand. That stuff lasts freakin' forever!

Quote: Ibeatyouraces

Let's refer this to our resident lawyer, Teddys...


I don't want this case. MrV can have it.
"Dice, verily, are armed with goads and driving-hooks, deceiving and tormenting, causing grievous woe." -Rig Veda 10.34.4
1BB
1BB
Joined: Oct 10, 2011
  • Threads: 18
  • Posts: 5339
October 27th, 2015 at 3:12:50 AM permalink
Quote: Mission146

The Hell was I doing?

Oh, right, Kentry. Not on the list because I've not posted from a proper computer since the time he was banned. Don't worry, I will update the list accordingly by tomorrow and be sure to unban him anyway.

I'm sure everyone will want to know if he loses a four credit play on quarter Caveman Keno with a dollar he was supposed to be using to get his mother a tube of toothpaste, or whatever it is. I couldn't possibly deprive the Forum of such a mathematically enlightening post and still be able to sleep at night.

Exoter,

Doing alright? I'd have assumed you'd generally be a more stoic person than recent posts would indicate.



You're going to cut his ban short? What about the 7 day cure for all that ails him?

Does every post have to be mathematically enlightening? Could you at least try to conceal your disdain for the guy? Perhaps instead you could take him under your wing and become his mentor or life coach or whatever the current fad is. You did say you were concerned for him.
Many people, especially ignorant people, want to punish you for speaking the truth. - Mahatma Ghandi
rdw4potus
rdw4potus
Joined: Mar 11, 2010
  • Threads: 80
  • Posts: 7237
October 27th, 2015 at 5:16:14 AM permalink
Quote: AlanMendelson

I can handle the legalities here. It's Journalism 101.

He made the posts on his own without any contract. He can't withdraw them. Simply you can't unring a bell.



But stories are retracted and heavily edited after publication all the time. Especially online.
"So as the clock ticked and the day passed, opportunity met preparation, and luck happened." - Maurice Clarett

  • Jump to: