Copyright Infringement and Schoolyard Tactics

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ChaosTitan

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No matter what side of the fence you sit on when it comes to piracy issues, this sort of behavior is something that just should not be tolerated--the owner of a site that allows copyright infringement of the copyrighted material of authors has stooped to the level of posting an author's personal information online.

Why?

Because this author had the apparent gall to try and protect her copyright by sending the site owner a legitimate DMCA takedown notice. The site owner not only posted the letter in its entirety, including all of the author's personal information, he's also hiding his common decency behind word games, as well as mocking the author (the blog post is titled "Why Can't Writers Read" for crying out loud).

On this site's main Facebook page (which I am not directly linking to, but if you want to check it out, copy/paste into another window and close the gaps in the link: https:// www.facebook.com/ tuebl) , they say:

Also remember that TUEBL isn't an American organization. We don't need to comply with US law, but we do anyway.
They don't need to comply, and yet they do? How nice of him. So if he complies with US law, then Ms. Sinclair's DMCA takedown should have been enough to get her copyrighted material removed.

And yet in the blog post, they say that they are following Canadian law and requiring a signature in order to comply. So which is it? If they were actually complying with US law, as they claim, then Ms. Sinclair's DMCA takedown should be enough for them to put their money where their mouth is and remove the copyrighted material.

They also state:

TUEBL is in no risk, we are not doing anything illegal under US or Canadian law.
:e2smack:

The icing on the bitter cake, for me, though is this:

We all, together, believe that reading is one of the most beautiful arts around and we want to promote it. We just disagree with how we do that.
In a strange way, I agree with that first sentence. Reading is a wonderful thing. Literacy is important, as is access to books. However, he's right in that we will never agree on how to do that. There are ways to legally make books available that do NOT require infringing on an author's copyright.

If someone wants to promote my or another published author's books, blog ABOUT them. Write a review ABOUT them. Don't offer them for free on your Facebook page, smile at me, and pretend you're doing me some kind of favor. It's just gross.

Through correspondence shared with me by an author friend, I've learned that the site owner claims he has no idea who is uploading content so he isn't responsible for anything uploaded illegally (as a personal aside, not knowing this information might work for him as a fancy side-step when it comes to being held legally responsible, but to me it makes him a pretty crappy administrator and site owner if he doesn't know who's providing his content).

Willingly turning a blind eye to copyright infringement doesn't help his claim to want to support authors and books, it only makes him look like he's talking out of both sides of his mouth. Posting the personal information of an author on the open internet, when she was trying to protect her copyright via the US law he claims to follow, does not support authors, either. Frankly, it makes him sound like a schoolyard bully who keeps changing the rules of the game to suit his need to win.

I'm not one-hundred percent sure why I'm posting this. I DO NOT want it to devolve into an argument over piracy, copyright infringement, and whether or not it's theft. We've had that argument so many times it makes me dizzy. Mostly I'm interested in comments over the site owner's actions. He mocked an author who served him with a legitimate takedown notice and posted her personal information in public. He is not consistent in his claims of which laws he's following. He claims he is somehow "promoting" books by maintaining a website that allows copyright infringement.

Thoughts?
 

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They don't need to comply, and yet they do? How nice of him. So if he complies with US law, then Ms. Sinclair's DMCA takedown should have been enough to get her copyrighted material removed.

Actually, legally, he does. He resides in and is hosted in a nation who is a signatory of the Berne Convention.

Moreover, his country in 2003 passed their own DMCA.

IANAL

But I've filed and responded to a lot of DMCAs.
 

veinglory

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I note he is using paypal and adsense contrary to their terms of service. Having a few spare minutes I notified them of this fact, and bought a copy of the authors book. As you sow, etc.
 

Maryn

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Nice work, veinglory.
 

taylormillgirl

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I wonder if Facebook would kill the page if enough people flagged/reported it. (Does FB even do that? I really don't know.)
 

Alexandra Little

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I reported them as spam/scam. It looks like you have to own the copyright in order to report them for copyright violation.
 

thothguard51

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After reading the post and associated links to this topic, I searched the Internet for this guy because the name sound very familiar...

Travis McCrea...

Here's his web page about his beliefs...

http://falkvinge.net/2011/12/12/travis-mccrea-is-a-terrorist/

The guy is anti everything that does not suit his beliefs. While he states his reasons for keeping the Internet free, he does not once consider the authors rights for fair compensation.

I have serious doubts this guy will take anything down...
 

LindaJeanne

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I wonder if Facebook would kill the page if enough people flagged/reported it. (Does FB even do that? I really don't know.)
Facebook are very... uneven in their moderation. I know people who have been banned for completely bogus non-reasons, and I know of at least one case where Facebook refused to do anything about serious, persistent, libelous harassment until lawyers became involved (and yes, this was a lawyer-worthy situation, not a case of "wah, I don't like what they're saying").
 

Alexandra Little

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My brother got banned at one point. Only reason I can think of (he rarely participated) is that he had video game symbol as his profile pic. Then of course a breastfeeding woman or breast cancer survivor gets banned for obscene content every few months before the internet goes RAWR!Outrage and makes Facebook reverse their decision.
 

LindaJeanne

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My brother got banned at one point. Only reason I can think of (he rarely participated) is that he had video game symbol as his profile pic. Then of course a breastfeeding woman or breast cancer survivor gets banned for obscene content every few months before the internet goes RAWR!Outrage and makes Facebook reverse their decision.
They have no problem with cheesecake photos of suggestively-posed barely-clad women, but one breast-feeding or mastectomy-scar photo, and they lower the boom.

It's like they have no problem with breasts, but they DO have a problem with the thought that breasts might exist for any reason other than to titillate. (No pun intended).
 

benbradley

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Facebook is approaching a billion accounts, so I'm not too surprised if it doesn't quickly police various terms violations.
After reading the post and associated links to this topic, I searched the Internet for this guy because the name sound very familiar...

Travis McCrea...

Here's his web page about his beliefs...

http://falkvinge.net/2011/12/12/travis-mccrea-is-a-terrorist/

The guy is anti everything that does not suit his beliefs. While he states his reasons for keeping the Internet free, he does not once consider the authors rights for fair compensation.

I have serious doubts this guy will take anything down...
Information should be free, ...
I wonder if he pays for his Internet connection. Perhaps he accesses the Net exclusively through neighbor's and businesses' wifi, but if he pays for an ISP account he's being hypocritical by his own standards.

Also, he doesn't appear to know the difference between free as in speech vs. free as in beer.

I looked at another article on that site, and it had the same tenor, that "anything other than letting it ALL hang out is Evil Extortion and Censorship."
 

Alitriona

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I reported the Facebook page earlier today after it showed up in my Twitter feed. Not that I think it will do much good.
 

JeanneTGC

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Having just had one of my books (Alien in the Family) stolen and represented as his work (versus pirated, which also happens constantly) by the same guy who stole from Sclazi, Cherryh, and Heinlein (hey, I was in great company at least, so there's that), and having Amazon immediately react to the take down request and get the plagiarized books removed within an hour of the request, AND having the other pirate sites actually follow through and take my books down when we catch and request it, this site owner's actions just show what a low down creep he actually is.

In addition to the burning itch, here's hoping a flock of incontinent pigeons attach to him permanently.
 

Dakota Cassidy

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hey, all :) I'm Dakota Cassidy, and I'm the author the aforementioned threatened with a lawsuit for labeling him a thief on my FB page that Kelly posted about. Amongst his threats of libel, he emailed me via Facebook and encouraged me to file a cease and desist with him.

Which, as some of you have seen, he then mocks and posts your home address on his blog for all to see. As I'm not a fan of endangering myself or my family, I absolutely refuse to send him a handwritten signature or a digital copy of my cease and desist. So if you're one of the author's listed, and you want to send him a take down notice, use a P.O. box, if you have one.

Also, I'm happy to share his emails--which I'm guessing isn't illegal, seeing as he shared another author's emails on his blog :) Either way, Amazon shut down their links to him. That would lead one to believe he isn't so legal after all. :)
 

Alitriona

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Hi, Dakota.

Welcome to AW. I'm sorry you are being dragged through this mess. Having a book pirated is bad enough, this guy really knows how to pile on the nasty.
 

Mclesh

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Hi, Dakota.

Welcome to AW. I'm sorry you are being dragged through this mess. Having a book pirated is bad enough, this guy really knows how to pile on the nasty.

Yes, Dakota, this sucks.

Thanks for bringing this to our attention, Kelly. I hadn't heard about this site until today. It's all over Twitter and Facebook now.

I have been aware of Facebook taking down pages after having enough complaints brought against the offending page. Folks are reporting this guy's page left and right, so hopefully they'll take it down soon.
 

Bicyclefish

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I may be mistaken, but the host for his ebook site and homepage appears to be netearthone; their DMCA contact information is here.

On a tangent, does a website have to comply with copyright laws of the host provider's country rather than the physical location of the webmaster or both?

[EDIT]I visited the site out of curiosity, and a series of covers caught my eye, so I looked on Amazon -- I felt dirty spending too much time on his website. I'm not much of a romance reader, but the burbs sounded interesting, and I do have a friend who is very into romance. Then I realized the author is the same being one being threatened, Dakota Cassidy! I'll be sure to point my romance reading friends to her work now.
 
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victoriastrauss

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He's a total tool (to see how much of a tool, look him up on YouTube). I've been posting and tweeting about him all day, trying to encourage people to DMCA him, report him to FB and Paypal, etc. A number of high-profile authors have been alerted, and their agents are on it. So his site may go away soon. At least we can hope.

I dare him to threaten me. I just dare him.

- Victoria
 

Deleted member 42

I may be mistaken, but the host for his ebook site and homepage appears to be netearthone; their DMCA contact information is here.

On a tangent, does a website have to comply with copyright laws of the host provider's country rather than the physical location of the webmaster or both?

Most Western European countries have signed both the Berne Convention and the EU copyright statutes; which basically say if you own it we will honor your IP rights.

IANAL here are some sources about filing DMCA notifications. Note that some are about photographs, but the principles are the same.

http://www.plagiarismtoday.com/2005/09/29/how-to-write-an-effective-dmca-notice/

http://scottwyden.com/how-to-write-and-format-a-dmca-letter/

http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html
 
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