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Author Topic: Registering blog posts: Individual? Collective? What?  (Read 16242 times)

lucia

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Registering blog posts: Individual? Collective? What?
« on: August 14, 2012, 11:44:31 AM »
With some trepidation, I am going to risk the wrath of all those who have received copyright letters from Getty to ask advice on how to copyright my blog in anticipation of sending a DMCA notice that potentially has some teeth in it.  Specifically: If I send a DMCA notice I want to have registration and evidence in place to demonstrate that a violation or violations did occur and to do so in a way that could potentially make filing a suit something other than a costly futile exercise on my part.

As some read on

http://www.extortionletterinfo.com/forum/legal-controversies-forum/google-to-start-devaluing-sites-that-receive-a-large-number-of-valid-copyright-i/30/

I believe my blog content is being copied. I did not authorize this copying.  blah. blah.    But now, I'm contemplating what sort of files etc. I should collect, and what sort of actions I might take in the event that I file a DMCA and the person copying files a counter-notification forcing me to sue if I want my stuff taken down.   (I don't think it will come to that-- but I don't see much good in filing a DMCA if I'm not prepared to deal with a counter-notification.)


Now for the questions:

1. Are my blog posts 'published' as far as copyright law is concerned? I ask because registering 30 posts would be cheaper if they are all considered "unpublished".  Obviously, under the circumstances, I do want to keep my sunk costs low.  But there would be no point in registering as "a collection" if a hypothetical case benefits greatly from having things registered 'individually'.

(I read an online circular describing registering for online content.  It discussed different requirements for "published" vs. "unpublished" works.  Reading it I can't figure out if my blog posts are "published" or "unpublished". (The requirement seemed to suggest that merely "displaying" doens't make it published. Publication happens if I sell it, lease it or offer it for sale or lease.)   I know I've displayed. Last week I added a script to include "google ads" in the sidebar.    I think the script would be the closest thing to offering for sale or lease. (I'm going to take that out as there are no clicks anyway.  )

2.  What sort of information should I log and collect? I plan to collect the following each day:
   * serverlogs to show the bot visited.
   * screenshots of the page as it displays at the business entity.
   * screenshost of my page.
   * html of my page downloaded each day.

Is there other stuff I should try to collect?

Does any one else have advice on what steps would be prudent "just in case"?

Robert Krausankas (BuddhaPi)

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Re: Registering blog posts: Individual? Collective? What?
« Reply #1 on: August 14, 2012, 11:56:12 AM »
Is the content being "copied" in an IFrame? If so I don't think it would be any different than googles image search, they are not being copied, but pulled directly from the source.Which would lead back to the perfect10 case. I can't speak for the registration itself, but it seems you will collecting all the good stuff, screen shots are sure handy to have
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #2 on: August 14, 2012, 02:05:07 PM »
Quote
Is the content being "copied" in an IFrame?

It appears a bot visits the top page of my blog http://rankexploits.com/musings copies the html, hosts it on a server-that-is-not mine. They then frame this copy and display it to people visiting their site.

I injected javascript which displays when either top.location or self.location do not match "rankexploits.com"

http://www.newsblur.com/site/1100897/

The framed page appears to be this address: Note: not mine.
http://newsblur.com/reader/page/1100897

I'm going to post so you have a chance to look. ( I tweeted, and if the person who is copying is wise, he'll either a) take down the copy or b) explain that it's not a copy.

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #3 on: August 14, 2012, 02:11:41 PM »
The site also appears to function as follows:
1) at the lower part of the outerframe, you can see "orginal", "feed" and "story" views.  The "original" which as far as I can tell always displays by default frames what appears to be a copy of my content. That copy is hosted at "it's not my server" site. 

2) The feed... I don't know. I think it's probably a copy. But that's ok.  It's pretty conventional for feed readers to store feeds. (That said, many require users to log in to view. They don't just hang out another copy of the feed. )  Anyway, it might be a copy or a frame. If it's a copy, I think the Oscar could debate whether copying is a violation in his copyright class. But I wouldn't care. So, wouldn't matter.

3) The story view: These appear to be material hosted on my server in an iframe. Because it is, I busted that by merely sending <?php
header(‘X-Frame-Options: DENY’);
?>.    This is easy to "bust" because they are framing material that is hosted on my server-- and as you observe, that's not a copyright violation.

The problem is #1.  I don't like that.

Mind you: I would like them to pay me money to do #3. But framing stuff on my server causing a browser to visit my server and fetch it is not copying.  So... that's not what's got me hot and bothered.

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #4 on: August 14, 2012, 03:26:04 PM »
He's stopped now. :)

Greg Troy (KeepFighting)

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Re: Registering blog posts: Individual? Collective? What?
« Reply #5 on: August 14, 2012, 05:11:18 PM »
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #6 on: August 16, 2012, 09:33:07 AM »
Copying has resumed.   Sigh...

Mulligan

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Re: Registering blog posts: Individual? Collective? What?
« Reply #7 on: August 16, 2012, 09:49:04 AM »
Lucia, wouldn't it be easier (and perhaps smarter) and certainly less time-consuming to simply monetize in some way each blog post you make instead of getting into what could become a pissing contest with a fellow programmer, where you both end up spending all kinds of time trying to outwit the other? 

In just about every blog post I put up, I have a link to something that helps me pay the bills around here as well as a link to an article or another blog post on one of my other sites. For me, much of my time is spent writing to generate traffic and name recognition.

You're a lot smarter than I am, so I only throw this out as a suggestion to maybe help you save some time and energy trying to defeat a trend of taking other peoples' work without permission, a trend that I don't see disappearing... and in a way, that's good, because that's kind of the idea the Internet was founded on anyway... free information for everyone.

I think one of the key principles for earning a living on the internet is to never spend a minute worrying about copyright and stealing but instead to figure out how to embed my work with clever stuff so that innocent and well as intentional infringers and downright thieves end up helping me expand my brand, so to speak.

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #8 on: August 16, 2012, 10:59:26 PM »
Lucia, wouldn't it be easier (and perhaps smarter) and certainly less time-consuming to simply monetize in some way each blog post you make instead of getting into what could become a pissing contest with a fellow programmer, where you both end up spending all kinds of time trying to outwit the other? 
1)  I don't see this as a pissing contest with a fellow programmer. For one thing I am not a programmer. By training I am a mechanical engineer who mostly blogs about climate change as a hobby. (I previously blogged about knitting and I would be just as p*ssed off about what he's doing if this were my kntting blog.)

2) Just because blogging is a hobby for me, I don't see any reason why that means I lose copyright protection so that someone <i>else</i> can repackage and monetize my content without sharing any of the money with me.

3) tell me how to easily monetize blog posts on climate change without alienating the audience I cherish so the so the money ends up in my pocket.

4) Suppose I could monetize: If so, this copying would possibly reduce my earnings.

5) Suppose you can't think of any good way for me to monetize while retaining the audience I cherish. Does that give someone else the right to "sell" his wrapper when it is only valuable because it is wrapped around my (an other hobby bloggers ) contents? 



In just about every blog post I put up, I have a link to something that helps me pay the bills around here as well as a link to an article or another blog post on one of my other sites. For me, much of my time is spent writing to generate traffic and name recognition.
That's what you do. So? What does that have to do with me?  My site is mostly a hobby blog.  My time is spent writing about thing that I am curious about. And it happens I attract quite a bit of traffic. (That is: when I write about climate change as opposed to other stuff. The posts with the equations generate tons of traffic. Can't use them to sell much of anything-- but so?)

As for name recognition, I don't want to get into a pissing contest. Maybe you have better name recognition than I do. Or not. Maybe you value name recognition. I don't see that as remotely relevant here. 

You're a lot smarter than I am, so I only throw this out as a suggestion to maybe help you save some time and energy trying to defeat a trend of taking other peoples' work without permission, a trend that I don't see disappearing... and in a way, that's good, because that's kind of the idea the Internet was founded on anyway... free information for everyone.
First: Was the internet founded to create free information for everyone? Says who?  I've got tons of "sockulators" and other free stuff out there. I'm happy to pay hosting costs to let knitters use those for free.  I don't see how then fact that lots of people post lost of things for free obligates me to permit others to make money by bundling up my stuff without sharing some of the money with me.

I happen to think that this notion that everything is free on the internet is a double edged sword.  The fact that it is difficult for people who put out good valuable information have their stuff taken without any thought to remuneration is not "good".  I don't know if my stuff is any "better" than yours-- but I get quite a bit of traffic.  No matter what I've blogged about, I've gotten traffic. (Knitting got me the most-- but I became more interested in climate change.)

But it's traffic that is difficult to monetize because it has nothing to do with saleable products. That's ok with me. BUT that doesn't mean I want someone else to create a saleable product by finding all the interesting people who don't make money, putting a bow on it and selling it.


I think one of the key principles for earning a living on the internet is to never spend a minute worrying about copyright and stealing but instead to figure out how to embed my work with clever stuff so that innocent and well as intentional infringers and downright thieves end up helping me expand my brand, so to speak.
Oh? Is that some sort of key principle?

Anyway, I don't blog to "earn a living on the internet". I may blog for different reasons than you do. That's permitted.

Anyone can visit my site for free-- and if you visit the front page you'll see ZERO ads. You'll see ZERO links to marketable things.  It's my right to do this. The fact that I chose to not have ads or sell much of anything on my blog doesn't give this guy a right to bundle my content up in his "product" and then sell his product to people who pay "premium" packages of "feed reading".  The fact is: What he is selling is NOT a feed.  It's not going to bring me any eyeballs.  It's not going to bring me anything I value.   

I have no objection to his product provided his product isn't basically a "subscription" to read his copy of my stuff. If he wants to sell other people's stuff- not my business.  But I should think if his sois dissant 'feed reader' is all that great, he doesn't need to send a bot to copy my front page (not feed!) on a daily basis to sell the reader. 

Look: I recognize fair use. I use it. I recognize the value of created by people giving things away for free. I recognize that some people blog about subjects that can be monetized to make money. But none of these things mean that if I chose to blog about a subject that attracts lots of eyeballs but is somewhat difficult to monetize, then someone else should just be able to grant themselves permission to copy because they think they know how to monetize (provided they pay me nothing.)

I'm watching to see if this guy maybe figured out he failed to stop copying. If he failed, I'm going to check a few details that mattered in a google case.  Then, if he hasn't stopped, I'm going to send a DMCA. As for suing or asking for money: I would only do that as a last resort. But I might do it.

But really, this guys' business model is sufficiently tenuous that I think Oscar might be interested in aspects to discuss as hypotheticals in his copyright course! (Heck. I don't even thing some things are tenuous. The main questions: What can a copyright right owner do that is not basically putting themselves at risk of spending lots of their own money to pursue a "principle".)

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #9 on: August 16, 2012, 11:10:44 PM »
BTW: I don't want to suggest that I can dictate what Oscar should be interested in.  He is interested in what he is interested in for his own reasons. But I will admit as a small hobby blogger to being very upset that someone with funding is copying my stuff in an rather non-industry standard way that I oppose. And even though I believe he should not copy my stuff in the way he is doing and I very, very strongly suspect it violates copyright, pursuing it would be inordinately expensive.

I should add that it doesn't help my mental state to know this guy got an idea into his head, coded, and the "brilliant" idea seems to have been welcomed by the coding community. He's gotten subscribers and now has a small business. He recently quite his job to develop the business.  I do not welcome the notion that to protect my interest I would need to pursue a case that represent a serious reversal to his business.

But really--  I don't see how it is the case that if other people spend time thinking about use the web in a way that efficiently monetizes their time that means that I am forced to lose all control of whether my stuff is copied and displayed.

Ok.. sorry. I'm upset.  ....

Greg Troy (KeepFighting)

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Re: Registering blog posts: Individual? Collective? What?
« Reply #10 on: August 17, 2012, 12:43:59 AM »
I don't think you need to apologize and I do think you have every right to be upset. All of your points are valid and legitimate.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #11 on: August 17, 2012, 09:14:42 AM »
Greg--
By the way, the existence and display of copies of blogs at that site happens to represent a gold mine for copyright trolls with very modest programming skillzzzzz. On the getty thread, I posted what a copyright troll should do... today... at that site.

Mulligan

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Re: Registering blog posts: Individual? Collective? What?
« Reply #12 on: August 17, 2012, 10:38:00 AM »
My post was not meant to be mean-spirited or upsetting, and I'm very sorry that it upset you the way it did, Lucia. My apologies.

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #13 on: August 17, 2012, 05:17:29 PM »
Mulligan--
I"m just upset generally.

Unfortunately, the copyright issue can be especially frustrating if you have a blog for creative expression which is not run for profit and also want to control your content.  From the point of view of a content creator there are all sorts of things that are bad about the way newsblur presents the content.  Only one of the bad things involve copying. 

Matthew Chan

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Re: Registering blog posts: Individual? Collective? What?
« Reply #14 on: August 20, 2012, 08:47:35 PM »
Does everyone remember you are on the ELI Forums? Doesn't anyone remember how I operate in principle?  Doesn't anyone remember how and why ELI started to begin with?  Does anyone remember why ELI is so effective?  It's based on principles I have used many times before. I have discussed this over the years.

Stop trying to "outlegal" the guy.  That is a waste of time and unethical people don't worry about the legal system.  I been down that road before with the "Cobra Collection Agency Scam". Go look it up.  The woman I dealt with never gave a shit about the legal front. So I came up with a plan to expose her publicly.

In your case, you use Google to your advantage and start giving the person and the website a lot of attention and call them what they are:  PLAGIARISTS!

I've had a lot of people plagiarize me over the years because I am good at what I write. An example is a domain I sold a couple years back: Prohomebuyers.com.  For the sale of a domain, he took the logo I had design and all the text I wrote without permission.  I already told the guy to change the text. He gave me lip-service he would but never did. 

He is so lazy that he even uses the credibility statements I wrote!  It actually applies to very few people. I feel sorry for whoever deals with this liar who "adopted" my and my partners professional background.

http://prohomebuyers.com/ourcredibility.php

I have the original text still on my computer and he completely uses them as he wrote them. I find it hard to believe he does everything exactly as we do them. I don't go public on him simply because I could care less now and he is in a totally different market and I am no longer "buying" investment property. I have more than enough.

It would have been a waste of time trying to discuss copyrights and the like. I don't need a lawyer to tell me if someone is plagiarizing me.  If I really wanted to go after this guy, it would very easy to embarass the crap out of this guy and make the domain worthless.  After all, I started and built up all the traffic and reputation. I can certainly bring it down to its knees.

This guy is a plagiarist, plain and simple.  He hides behind a domain name as so many people do.

Lucia, Use big, bold letters and keep repeating your story often in various places.  Make sure everyone of your reader knows this person and website are PLAGIARISTS with no original thought or content.  Make sure you fully identify yourself as the other person tries to hide out.
« Last Edit: August 20, 2012, 08:50:28 PM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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