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  1. #1
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Exclamation Company Suing 100s of Sites for Excerpting, Linking
    Righthaven, LLC, a "for-profit intellectual property enforcement enterprise" has filed hundreds of copyright infringements lawsuits against blog owners, websites, even forums, for excerpting even a few words from, and/or linking to, articles published on other sites.

    They are using intimidation to force settlements from small companies and individuals - accepting an average of $3,500 to settle, when suing for $150,000.

    Many of the lawsuits are based on material posted in blog comments and by forum members, not just material posted by bloggers or forum operators themselves.

    Righthaven was formed by Stevens Media, the publisher of the Las Vegas Review-Journal, and a group of lawyers, and the bulk of the articles linked to and excerpted from, are from the Review-Journal.

    The good news is that defendants who have fough against the allegations have won. In the case of Righthaven v. Realty One Group, the court ruled in favor of the defendant, holding the it was "fair use" of the material.

    Here is the full article: Will Righthaven Copyright Lawsuits Change Excerpting Online?
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
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  2. #2
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Really? No one has ANY opinion on this? Really?


    Really?
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  3. #3
    OPM/Moderator Hectic GHC's Avatar
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    Were you sued? I'm hoping not.
    Greg Hoffman
    Affiliate Marketing Advocate of the Year 2016; Best OPM/Agency - 2014; Best OPM/Agency, Five Years in a Row - ABestWeb.
    Visit Greg Hoffman Consulting

  4. #4
    ABW Ambassador Georgie Peri's Avatar
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    I had a thread about this on here a while ago

    Here is the link
    Copyrights - Loophole / DMCA ?? - ABestWeb Affiliate Marketing Forum

    there is also a Link to another forum that has combated this issue ..
    OpA! Giasou Ti kanies!

  5. #5
    Beachy Bill's Avatar
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    I had a response together last evening - but something crashed and it didn't get posted. Basically I get upset (but not surprised) when I hear about new "ambulance chasing" techniques.

    Let me qualify that statement by saying, after years the the world of education, I am dead set against copyright infringement and plagiarism. Many people, far too many in my opinion take the "fair use" mantra to extremes. However, in the case of the article to which you referred, it appears that firm is pressing the point by manipulating things - a'la "ambulance chasing." Almost like "entrapment." They should, in this instance, be censured. (IANAL - Just my 2-cents.)
    Bill / Marketing Blog @ 12PM - Current project: Resurrecting my "baby" at South Baltimore..
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  6. #6
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Greg - No, I'm not being sued. I found this in a tweet.

    Georgi - Sorry, I sort of remembered something about this issue from the past, but I was too buzy (lazy?) to search first, and from the article I saw, it is still going on.

    Bill - This is just the sort of thing that poisons peoples' minds about lawyers. a-holes like these guys are disgusting. There has developed an "industry standard" in internet usage in general and blogging in particular, for the fair use doctrine, and that worked for a decade, until some people figured out a way to make a buck off of basically saying it does not exist. Hopefully, a few more cases will be litigated, with similar rulings, and perhaps there will be an Order that they no longer file such cases, or perhaps a complaint to the State Bar of Nevada, for their improper conduct in making threats and/or filing frivolous cases.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  7. #7
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    I think copyright infringement has become an accepted industry standard.. and the DMCA has made the process too onerous for owners to even try to combat it.

    One of the biggest sites out there relies on "user uploaded" celebrity photos.. yeah, as if the their users actually "own" Getty/Wireimage photos with redistribution rights...

    But if you see one of their users has stolen a photo from YOUR site, they tell you to submit a request with a VERY lengthy checklist. They make you jump through hoops in writing, try to shrug it off by saying it's our users, not us. It took months of communication to get a few photos removed.

    For me, I'm happy to see lawyers aggressively targeting those who copy.... I hope it scares them straight.

    Just because you can see/read it on one site, it doesn't mean you can copy it to another...

    I hope this is wake-up call to publishers/website owners - they have been hiding behind the "user-submitted" excuse for too long. If it's your site, you bear the responsibility of what's on it. Sorry, no sympathy here... I'm glad to see someone try a new approach..

    ps. this is my view after banning entire countries for scraping, and copying content/photos. 'Fair use doctrine' has become a license to steal, for many..
    Last edited by teezone; March 4th, 2011 at 04:43 PM.

  8. #8
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Quote Originally Posted by teezone View Post
    I think copyright infringement has become an accepted industry standard.. and the DMCA has made the process too onerous for owners to even try to combat it.

    One of the biggest sites out there relies on "user uploaded" celebrity photos.. yeah, as if the their users actually "own" Getty/Wireimage photos with redistribution rights...

    But if you see one of their users has stolen a photo from YOUR site, they tell you to submit a request with a VERY lengthy checklist. They make you jump through hoops in writing, try to shrug it off by saying it's our users, not us. It took months of communication to get a few photos removed.

    For me, I'm happy to see lawyers aggressively targeting those who copy.... I hope it scares them straight.

    Just because you can see/read it on one site, it doesn't mean you can copy it to another...

    I hope this is wake-up call to publishers/website owners - they have been hiding behind the "user-submitted" excuse for too long. If it's your site, you bear the responsibility of what's on it. Sorry, no sympathy here... I'm glad to see someone try a new approach..

    ps. this is my view after banning entire countries for scraping, and copying content/photos. 'Fair use doctrine' has become a license to steal, for many..
    Sorry, but merely linking to another site and using an eight-word excerpt is "Fair Use" under any definition. Suing under such circumstance is just plain wrong, as the court in at least one case has said.

    I write two blogs. I frequently quote sources and link to other articles. I love it when my words are quoted elsewhere, when my articles are linked elsewhere.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  9. #9
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    ... and this is why I held off posting

    I agree that an eight-word excerpt constitutes fair use, but the degree to which fair use has been abused goes well beyond that.

    I have strong opinions on this as I have been on the receiving end.. one site reworded my daily posts (incl photos) for a couple of weeks before I caught on. Another took valuable posts/photos and uploaded them to a user-submitted site. Too many sites are built on the backs of others.

    Filing a DMCA violation with a repeat offender is like asking someone to return the $10 they stole from you. Many publishers know exactly what they are doing when they click copy/paste.

    Seems they are trying a new blanket approach, to raise awareness of the issue.

    Again.. I have no issue with eight-words..
    Last edited by teezone; March 4th, 2011 at 06:01 PM.

  10. #10
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Righthaven loses another lawsuit: Some More Bad News For Copyright-Enforcer Righthaven US District Court rules that in some circumstances reprinting entire article can be "fair use".
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  11. #11
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    does it makes any sense?

    all forums ask there members to agree to a AUP in order to register which clearly states that the forum owner can't be help responsible for the action of its members, so how come Righthaven suing forums for the same?

    Glad to know the courts decision on Righthaven v. Realty One Group
    Last edited by Prodigal; March 24th, 2011 at 10:36 AM.

  12. #12
    The Seal of Aproval rematt's Avatar
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    Quote Originally Posted by Prodigal View Post
    does it makes any sense?

    all forums ask there members to agree to a AUP in order to register which clearly states that the forum owner can't be help responsible for the action of its members, so how come Righthaven suing forums for the same?
    What forum owners state in their agreements has no basis in law when it relates to the intellectual property of another. A forum owner can't give away the rights of a third party. However, I am glad to see the courts having a negative reaction to Righthaven's tactics.

    I also strongly disagree with site owners, forum owners, etc. disavowing responsibility for user provided content. Your site, your responsibility. Period.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

  13. #13
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    I also strongly disagree with site owners, forum owners, etc. disavowing responsibility for user provided content. Your site, your responsibility. Period.
    that's true, but a better option would be to contact forum owners & notify them about the same,
    instead of just filing a law suit against them?

    Going through a law suit would not be less then a mess for both the parties & its always better to avoid it,
    between, i would be interested in knowing your thoughts about D.M.C.A (Digital Millennium Copyright Act)
    Last edited by Prodigal; April 1st, 2011 at 12:25 PM.

  14. #14
    The Seal of Aproval rematt's Avatar
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    Quote Originally Posted by Prodigal View Post
    that's true, but a better option would be to contact forum owners & notify them about the same,
    instead of just filing a law suit against them?
    Ahh, but that's the business that they're in. Righthaven exists solely to profit from lawsuits and settlements made to their members. It sucks as a business model, but it is a legitimate business.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

  15. #15
    ABW Ambassador 2busy's Avatar
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    i would be interested in knowing your thoughts about D.M.C.A (Digital Millennium Copyright Act)
    Start a thread and you can see what others think about it - that's how learning is done here: ask a question.

  16. #16
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Here is a site that has info and links to EVERYTHING to do with Righthaven and their lawsuits: Righthaven Lawsuits

    (Includes links to articles on how to benefit from DMCA protection)
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  17. #17
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    I didn't know you can get sued for linking to another site. Isn't the world wide web's foundation built upon links? Geez, Some poeple still live in caves.

    BTW, I don't think those cases will go anywhere if they are suing for excerpts since as far as I know the law allows for some kind of fair use of a material.
    Last edited by wes888; April 22nd, 2011 at 09:03 PM.

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