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Author Topic: Registering blog posts: Individual? Collective? What?  (Read 24526 times)

Greg Troy (KeepFighting)

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Re: Registering blog posts: Individual? Collective? What?
« Reply #15 on: August 20, 2012, 09:44:43 PM »
Matthew is right, and I would do it in your blog too, so when they take it they are nailing themselves to the wall!  ;D
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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SoylentGreen

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Re: Registering blog posts: Individual? Collective? What?
« Reply #16 on: August 20, 2012, 11:22:18 PM »
This is a great discussion thread.

It truly underlines that how "copyright" isn't necessarily about money.
Especially when our work is dear to us.

Copying other's work (especially for profit), and then ignoring the pleas of the people that produced the work will come to no good in the end.
I'm sure that there must be many others that feel the way Lucia does.

Lucia, have you contacted anyone else whose material has been copied?
Perhaps, a group of people working together could be part of the answer?

S.G.
« Last Edit: August 21, 2012, 01:18:37 PM by Matthew Chan »

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #17 on: August 21, 2012, 11:18:07 AM »
Soylent--
I haven't contacted anyone else. It would be too difficult to click through, locate addresses and so on.   I have posted at http://stackoverflow.com/questions/12056889/framebuster-with-exceptions .  That is mostly a question about the coding of how to stop this-- because even if I get the current person to stop (and I will) that can't prevent someone else from doing a similar thing in the future.   And I've blogged about the issue but blog isn't a blawg nor a blog about IT. So the audience isn't necessarily fascinated by this issue.

Oddly, posting the question at stackoverflow could possibly result in questions that cause a number if IT people to be more aware of what is happening. So, in addition to learning how to bust the frame, I might learn a range of opinions about the practice of "frame-busting-busting".

The fact is: Because the monetary value of what is being copied is low, and will be extremely low if businesses who might copy material in this way can sell subscriptions to readers to read it in another format. The analogy is this:

Suppose 800,000 5th graders write haikus that kids posted on their school web sites.  None think their individual haikus are sufficiently valuable to register a copyright for the haiku.  A book publisher thinks that collectively the haikus could be marketable and creates a collection of 800,000 haikus without contacting any of the 5th graders.  Will any of the 5th graders (or their parents) want to get embroiled in a copyright suit? First: some might like their kids poem in the book. Some might dislike it intensely.  Of the latter, most will not want to hire an attorney and so on.   

You can start to tweak the example to have the book contain 790,000 haikus by 5th graders, one poem by a prominent individual, and 1,000 with popularity between that of your garden variety 5th graders haiku and the prominent individual.  Which of these people will mind? Does the fact that the  790,000 don't mind affect the rights of the prominent individual? How about the 1,000? And of the 1,000, what threshold do they have to reach to make it worthwhile to copy?

I suspect very few content owners would think it was worth while to worry about this sort of thing when it is just taking off.  Almost no one is going to want to sue-- even if they are bothered by the practice. It's not a matter many are going to wish to devote their lives too. (Moreover, in many cases the entity copying may well be judgement proof and will remain so unless their idea takes off and turns out to be something that results in large monetary gains.)

 FWIW: On the "would someone win a copyright case",  I've been reading various things including this:

http://www.linksandlaw.com/decisions-148-google-cache.htm
We've all read this: It's the story of the copyright troll who wanted to sue google for copying his short stories. He lost.

In some ways, newsblur's caching shares a similarity with googles. They copy the full html of a page.
 and noting the important differences between newsblur caching and google caching.   To my mind, there are many many differences between the two cases. (Example:  Google's bot visits robots.txt.   Google won't cache if you include 'noarchive'.  Google searches return link to cache in a way that requires user to click several times-- so it's not set up as a substitute. Blah. Blah. Blah... Of course, it is also the case that I did not post my material with the intention of luring newsblur to my site knowing they would copy and so on. I didn't even know they existed until recently! )

Matt--
This isn't plagiarism because person creating the "feed reader" makes no claim he wrote the stuff. He claims to have a new innovation in "feed reader".  As far as I can tell, the main innovations of the 'feed reader' consists of treating 'not-feed' content as feed, copying that non-feed material and display it and framing other content (possibly using a framebuster to make it difficult for someone to bust out of the frame.)  Neither practice is plagiarism. 

 Mind you: I object to both practices. I think 'feed readers' should read feeds.  With respect to any copying, I think they should limit themselves to content in the feeds. (This is not a statement of law. It's just that I think a "feed reader" should read feeds.  )

I have other issues too. I think 3rd party feedreader displays should require some access control. That is: if you use google's feedburner, you have to enter a password before reading the feed. This is not the case here: http://newsblur.com/reader/page/1100897 which you can access by merely clicking. 

But what the google precedent does mean is that a law suit could end up sucking ones life up.  One would  need to find lawyers to explain precisely why the google copying and the newsblur copying are different. (I suspect if one were willing to take this to higher courts, they would ultimately see it's different. But.... is it worth the risk? For what? Besides, as I said, I suspect that for now, the start up venture run by a guy who quit his job and appears to have a small bit of funding form an incubator is effectively "judgement proof".  A judge might aware you attorney's feeds, but you can't get money out of a stone. )

It's unlikely very many people are going to wish to get involved in the time and energy sink. It's unlikely any contingency attorney is going to take the case. And so on.

FWIW: I am certain that in the end I will get the specific entity now displaying copies to copying to comply. 

But because I am now aware that someone has coded this, I want to have my pages written in a way that interferes with it's operation. I do think many people who would not want to be involved in a legal battle would be happy to learn of a "framebuster-buster-buster" and code it. It's merely a matter of entering the code.

After that, I would leave it to legal eagles like Oscar or others to identify what laws are violated if a business copies and/or frames material and uses a "framebuster-buster-buster-buster-buster-buster" to ensure the material displays in a way the copyright owner does not wish it to display.

 

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #18 on: August 21, 2012, 11:19:28 AM »
BTW: Side by side images:
<a href="http://rankexploits.com/musings/wp-content/uploads/2012/08/SideBySide.jpg"><img src="http://rankexploits.com/musings/wp-content/uploads/2012/08/SideBySide-500x223.jpg" alt="" title="SideBySide" width="500" height="223" class="aligncenter size-medium wp-image-20508" /></a>

Matthew Chan

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Re: Registering blog posts: Individual? Collective? What?
« Reply #19 on: August 21, 2012, 01:25:57 PM »
I think it's safe to say that legal remedies aren't going to be enough.  Regardless of the underlying technology or method, if you feel you are being infringed upon through some trickery, then your best bet is to flip it around and let everyone know what is happening and that you are the source and originator of this great information.

If people liked the "feeder" information, I would then give people reasons to directly visit you as the source.  Who doesn't want to go back to the source?  Who wants to accept a blind feed of unverified info when you can get it to the source.

You have to get into the minds of your audience. Although I don't like being plagiarized or don't like being in a "feeder", I would flip the situation around.  In fact, why not use their "feeder" for advertising your work and products/services you might have.

You could embed the words in your article "visit source xyz dot com if you reading this from a feeder" or maybe incorporate and image or diagram with your posts that has your URL in there.  It would be difficult to get a feeder to replicate all the anti-copying methods.  Use the feeder and copying to your advantage by getting MORE traffic and recognition.

Too many people waste time on the legal front when it can be flipped around to their advantage using existing web technology.
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.

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #20 on: August 21, 2012, 02:29:28 PM »
In fact, why not use their "feeder" for advertising your work and products/services you might have.
First: I think you are making the mistake of believing this blog has a business purpose.  It has absolutely no business purpose. None.  There is no "your work and products/services" associated with my blog. None.  It's my hobby blog.  Period. 

Lots and lots and lots of blogs have no business purpose.

So, the only thing I could possibly "want" from a feed reader is to get more people to visit my blog and/or participate in conversation.  Ordinary feed readers are devised in a way that this automatically happens. Sort of.

What happens is:
1) People who already like my blog, but prefer to access in alternate ways subscribe to the feed.  This feed is available at http://rankexploits.com/musings/feed.  I chose how much "stuff" to put in there.  They can subscribe this various different ways. They can use an at home feed reader that pulls the feed onto their pc, they can use google feedburner, they can use bloglines etc. Those services will pull the feed for them-- and serve it in a more "flat" format.   Some people prefer this method rather than visiting the blog. In fact mostly to make sure the feed is working, I subscribe to my own feed. Every morning the "feed" is in my feed reader (which for all practical purposes looks like the article in in my mailbox.)

I like this system. It's fine. Some of these people click the links and participate in comments. Some click to read the comments (in fact, one of the main reasons people would visit the site itself instead of reading the feed is to particpate in comments.). Some just read. It's fine.    Moreover, it's widely accepted by bloggers etc. that feeds are meant to be pulled-- for personal use at least.

2) But with this "new" feed reader , instead of merely displaying my feed, the person has decided to treat everything at the blog as if it's intended to be shared like the feed. Lots of non-feed information is copied.  So material that feed readers often visit my site to learn after reading the feed is now copied and available at their site.  Among other things, the entire content of comments is available at their site (though framed). Moreover, because of the way things are organized at the site, someone could either intentionally or accidentally link to their copy of my blog rather than linking to my blog. This would dilute my blogs rank with google.  Even though I have no business purpose, I do like my blog to be "findable".

So, in fact, one of the reasons I don't like this sois-dissant new "feed reader" is that while normal feed readers to give a "taste" of my content thereby attracting readers, this new "feed reader" basically sets up a separate location where people can read my stuff which for a variety of reasons I don't like. (Some of my readers really didn't like the idea-- and for reasons that had nothing to do with business purposes.)

So.... I like normal feed readers. These readers are limited to displaying feeds.  I don't like this thing that copying and displaying stuff that is not the feed.

lucia

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Re: Registering blog posts: Individual? Collective? What?
« Reply #21 on: August 21, 2012, 03:47:08 PM »
Oh-- I should add that the reason for posting at Stackexchange is that redirecting, breaking the frame and so an can be the way to turn the copying into traffic at my blog.  Or at least preventing the framing and copying from sucking away traffic from my blog.

SoylentGreen

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Re: Registering blog posts: Individual? Collective? What?
« Reply #22 on: August 21, 2012, 04:14:24 PM »
Unfortunately, without registering the content with the copyright office, legal remedies wouldn't be a practical option.
Damages would likely amount to just legal fees, which can only be sought for registered content.
Additionally, if this person is linking to the information, it may not qualify as an actual infringement.
I also think that we shouldn't assume that lawyers will normally take cases on pro-bono or even contingency.

I do know that content can be registered as an "updating database".  I'm not well-read in this area, however.
A legal dispute in this regard may be breaking new ground.
Oftentimes, a threat of legal action is enough, but one risks becoming a "Timmy McCormack".

I very sympathetic to this issue though, don't get me wrong.

S.G.


Robert Krausankas (BuddhaPi)

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Re: Registering blog posts: Individual? Collective? What?
« Reply #23 on: August 21, 2012, 05:07:08 PM »
If I were in Lucia's shoes, I would go about it differently, I'd go oatmeal on his ass!! If he's copying, framing or whatever my content, I would commit to making a daily post, not only linking back to my site, but in that post I'd be ripping into him, and letting it be known that he is infringing on my content and also infringing on everybody elses content.. I'm sure he would not want his "premium" subscribers to see that he is a blantant copyright infringer...he's most likely stopp pulling your content, after enough post are written throwing his lousy ass under the bus...but thats just me
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.
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SoylentGreen

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Re: Registering blog posts: Individual? Collective? What?
« Reply #24 on: August 21, 2012, 05:36:10 PM »
I like Robert's idea...
...if others got on the bandwagan, it could really make a difference..!

S.G.


Robert Krausankas (BuddhaPi)

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Re: Registering blog posts: Individual? Collective? What?
« Reply #25 on: August 21, 2012, 06:15:44 PM »
Something along the lines of

"If you're reading this information via newsblurb, please consider reading this from the original source and not from a source that openly infringes in others content for financial gain.. You can read all of this and more absolutely FREE at my blog. Not only does this site steal my content, it also steals my bandwidth, with it's nasty content scrapers... etc..you get the idea...shame him in his own house!


I like Robert's idea...
...if others got on the bandwagan, it could really make a difference..!

S.G.
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

I have a few friends around here..

Matthew Chan

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Re: Registering blog posts: Individual? Collective? What?
« Reply #26 on: August 21, 2012, 08:53:31 PM »
Lucia,

You are taken my comments too literally. I understand blogs don't have to have a business or monetary purpose. However, clearly you are offended by the feeder.  That means you are "missing" something.  Perhaps, not receiving the recognition, accolades, traffic, or something.

People in the content production business need to get used to the idea that good content will be replicated whether they like it or not.  Most people are inherently honest and appreciate original content from original authors.

The surefire way to not get your content replicated or used in any way shape or form is just not to produce any. Linda Ellis had the good fortune of a viral poem and yet she has managed to pollute and taint every person that thought well of her and her poem.  Instead of converting all this goodwill into something larger, she wants to extort people.

People pay tens and hundreds of thousands to have viral content produced. She got it "for free" in the 1990's but she wants to poison the virality of it.  How stupid is that? Because she is a small and scarcity-based thinker vs. an big and abundance-based thinker. She is also so insecure that the Dash Poem is her only valuable creation.

Content creators have to pick and choose your battles in all this.  Some keep thinking that they can control everyone through laws or rules.  If you want to keep finding some way to "stop" this feeder guy, that is your right but you will never find a lawyer or the right law to stop unethical activity entirely.

If I had a feeder guy keep pulling off my content without my authorization, I would spend my time capitalizing on that, not necessarily threaten litigation or throw some other law in their face.  The reality is I don't have any problems with nearly anyone replicating my online content as long it is credited and attributed.  And if it is NOT credited or attributed to me, then I would find a way to use the transport mechanism to my advantage.

Musicians and software guys are generally trying to get people to try out their content even if they have others distribute it.  They aren't even terribly upset about it if it is pirated.  Because they know it is another delivery mechanism.

It is almost always possible to turn a negative in to a positive if you are willing to reframe or recontextualize the situation.
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.

Robert Krausankas (BuddhaPi)

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Re: Registering blog posts: Individual? Collective? What?
« Reply #27 on: August 22, 2012, 06:10:13 AM »
might I suggest you contact our friend Jonathan over at Plagiurism today, maybe he would be interested in doing a little piece on this..
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 #28 on: August 22, 2012, 10:13:45 AM »
Matthew--

I think you are missing something here. It has to do with the business model of the person copying.

I"m aware content will be copied. I'm aware that it is impossible to prevent all copying.  I'm aware I will never find a lawyer to stop all unethical copying. I'm aware I will never stop quite a bit of totally ethical copying.  I'm fine with that.

This is what I have problems with: person A is copying my content and supplying it to person B  in person A's venue with person A charging person B for access to the  content.    I have problems with party A monetizing my otherwise free content even if I am "credited and attributed" as the author.

In this case, partyA's business model consists entirely of copying content from lots of places he may deem "free" putting a bow on it and charging people for certain conveniences.  As far as I can see, the main conveneniences could be provided without the copying or framing -- that is by simply using the feed as all feed readers do.  (Oddly, these conveniences are provided in a "feed view". But the programmer also provides the "original" and "story" views, where the conveniences are replicated. ) But in addition he wants to provide the "benefit" of having the content display *exactly as it displays at the original site* (well, except inside an ugly frame. But never mind).  This display constitues the "original" and "story" views.

I'm fine with the "Feed" view. That part really is a feed reader and I'm ok with that. (Though, I would prefer that was located behind a subscription wall-- as most feed readers operate.)

 I other words, as far as I can tell, the purpose of the *copying* is pretty much to provide *a exact copy*.  Not to provide the other added values of marking as read or "intelligent feed".  Moreover, I think the reason he wants to provide the exact copy is that he think this flourish makes his "service" something people will pay him money for.

In my view, if party A is going to follow such a business model where he copies and sells access to copies of content,  party A ought to be finding a way to pay the people whose content he is copying and selling.  Failing that, party A ought, at a minimum to obey robots.txt and/or 'noarchive' so that people who forbid copying in the way he is copying can do so easily. 

As for "reframe or recontextualize the situation", I'd like to. I see a potential for many small bloggers to eak out small streams of revenue of a business model of this sort existed and then licensed and paid the bloggers a small amount. ($5/year? An amount based on views? Whatever.)  But there is no potential and can never be any potential for small bloggers (or content creators)  to ever turn their hobby content into revenue if businesses like this can operate and pay bloggers nothing and don't even ask permission to copy.

So the only way to turn these lemons into lemonaded is to get someone who has this business model in mind to understand that he needs to get permission for the copying. Some people would only grant this permission if paid.   

If, instead, his business is able to just send his stupid robot around, copy and sell access to copies of content... then why would he or anyone else with a similar idea in the future ever pay? It is basically saying that all content creators content really does belong to whomever wishes to copy it for any and all commercial projects they might dream up.

That is not right.

Musicians and software guys are generally trying to get people to try out their content even if they have others distribute it.
Sure. But that doesn't mean they want others to begin to distribute absolutely all their music for free.  Nor do they want radio stations to play the music without paying licenses with radio stations telling the musicians the radio station is doing the musicians a favor by exposing people driving in cars to work to their music.

What you aren't getting is that this "new" feed reader is not a mechanisms for getting people to "try out content". It is a mechanisms to shift my pre-existing readers to viewing the my copies of my content at his site where they pay for a certain convenience.

Matthew Chan

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Re: Registering blog posts: Individual? Collective? What?
« Reply #29 on: August 22, 2012, 02:32:19 PM »
We are talking in circles here. It doesn't matter the specifics monetizing or not.  Take off your engineering hat, if you are being "wronged", do something besides looking for a legal remedy.

Whatever they are doing wrong, VOICE IT loudly and publicize and SEO the offending party!  Use publicity and awareness to combat it.  Shame and embarrass the offending party if you have to. 

I know you like details, I cannot spell out every little thing you need to do. I am giving you a couple of effective strategies to combat it. Everything you are typing and explaining could be incorporated into your own websites or even "escalated" to complaint boards.

You have the opportunity here to list the specific website and party that is commiting these "wrong" but you don't name them.  Name them so they start getting into the search engines.  You should be naming them everywhere and tying them to your story.

What "should" be and "ought" to be is a futile argument.  I deal with what can be done and what works. Maybe you want to go spearhead some legislative effort. If so, you are pretty much on your own.
« Last Edit: August 22, 2012, 02:34:11 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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