If you regularly post articles on a forum, take note...

[trailboss]

This lawsuit that I am referencing in my post has been settled by the forum owner, but it wasn't cheap...the cost of settling would have bought a nice ham rig with money left over;




I regularly post articles on a forum regarding legislation, quite often I post the story along with the link. It seems that there is a lawyer from Las Vegas that buys the copywright "rights" and retroactively sues forums and individuals for using the story.

I was just named in a lawsuit along with the forum owner, I'm guessing that it will cost us in the neighborhood of up to 5k to pay the sleazebag off.
Clayton Cramer has settled out of court and so have many others...

These website explains how it all works:
Welcome to Righthaven Lawsuits

Righthaven Victims


If you run a website, this shows you how to file the papers and with $105.00 you can protect yourself and your members;

The $105 Fix That Could Protect You From Copyright-Troll Lawsuits | Threat Level | Wired.com


I hope this helps.

 

[IMD262]

 

[Wire Weasel]

There are tens of thousands of discussion forums on the net and this fellow apparently is only targeting linked articles from the few sources mentioned in the article. None of which would ever likely be posted to this radio hobby forum.

I think this little innocent radio hobby forum is safe from the ravages of the shark.

 

[trailboss]

There are tens of thousands of discussion forums on the net and this fellow apparently is only targeting linked articles from the few sources mentioned in the article. None of which would ever likely be posted to this radio hobby forum.

I think this little innocent radio hobby forum is safe from the ravages of the shark.

If you look through the histories of people that were targeted, you will find that he has targeted hobby forums, non profits, and even an autistic young man that had a blog who posted a picture of the TSA agent grabbing a guys junk. Just the simple act of re-posting the pic, brought a lawsuit.
Trust me...Being the target of a lawsuit will put you onto the fast track of understanding the gravity of this problem, once you are named as a defendant and have to fight the case in Vegas with travel, attorney cost's, loss of time at work, etc...the settlement will seem like chump change by comparison.
The lawyer also sues for ownership of the forum URL.

My post on an "innocent gun hobby" forum wasn't safe from the ravages of the shark.

 

[Wire Weasel]

Well I ain't postin' nuttin' nowheres and this ain't my forum and the sharky is free to try and find out who Wire Weasel is. He tries to come after me I'LL track HIM down and cut his coax.

 

[towerdog]

hope EFF takes em out soon Righthaven's Brand of Copyright Trolling | Electronic Frontier Foundation

 

[trailboss]

hope EFF takes em out soon Righthaven's Brand of Copyright Trolling | Electronic Frontier Foundation

I share your sentiments, EFF is definitely one of the good guys.

 

[Qwazyone]

There is only one easy solution, post a link to any other website instead of doing a copy and paste. A local forum I am on has been deleting copy and paste articles on the spot for years

 

[ONAWHIM]

"Fair Use" of copyright

Copyright law allows for fair use.
Fair use is not defined in a cut n dry way.

Anyone can bring suit if they believe damages exist because of the alleged infringement.

If you'd like to understand it, take a look at this explanation and the factors associated with determining fair use

 

[CroMagnum]

I regularly post articles on a forum regarding legislation, quite often I post the story along with the link. It seems that there is a lawyer from Las Vegas that buys the copywright "rights" and retroactively sues forums and individuals for using the story.

While I fully agree that Righthaven are lowlife scum, you brought the lawsuit on yourself. When someone else writes an article or takes a picture, they own it. And they have the right to not have other people steal or copy it without the owner's permission.

And that's exactly what you did. You copied an entire article to another location or medium. Legally and technically, it's the same as if you Xeroxed an article out of the New York Times and handed it out on the street.

I was just named in a lawsuit along with the forum owner, I'm guessing that it will cost us in the neighborhood of up to 5k to pay the sleazebag off.
Clayton Cramer has settled out of court and so have many others...

While the whole "CUT&PASTE" culture is rampant on the internet and is technically easy to do, it's still a violation of the owner's copyright. If you're stupid enough to do it, then you have to face the consequences. Especially when avoiding the problem is as easy as providing a link to the story instead of cutting and pasting the entire text. But by acting stupidly, you left yourself wide open as a very easy target.

Sorry, but you made the mistake, and now have to pay the price. Maybe next time you'll be smarter about it.

 

[trailboss]

While I fully agree that Righthaven are lowlife scum, you brought the lawsuit on yourself. When someone else writes an article or takes a picture, they own it. And they have the right to not have other people steal or copy it without the owner's permission.

And that's exactly what you did. You copied an entire article to another location or medium. Legally and technically, it's the same as if you Xeroxed an article out of the New York Times and handed it out on the street.





While the whole "CUT&PASTE" culture is rampant on the internet and is technically easy to do, it's still a violation of the owner's copyright. If you're stupid enough to do it, then you have to face the consequences. Especially when avoiding the problem is as easy as providing a link to the story instead of cutting and pasting the entire text. But by acting stupidly, you left yourself wide open as a very easy target.

Sorry, but you made the mistake, and now have to pay the price. Maybe next time you'll be smarter about it.

After rereading my original post I can see where a person may have come to the conclusion that I posted the entire article...that wasn't the case, I summarized the story and quoted a few lines, and provided the link to the story.

You really shouldn't go around and call people stupid, on the street you can get your ass kicked pretty bad for doing so...I understand that safely behind a keyboard is a different situation though.

Sorry to disappoint you, but it didn't cost me a dime, the forum owner insisted on paying it since he figured that he failed to exercise due diligence and register with the copyright office and avoid the whole mess.... I would post more of the details, but I signed a non-disclosure agreement, gaining your respect isn't worthy of breaking that agreement...

 

[CroMagnum]

After rereading my original post I can see where a person may have come to the conclusion that I posted the entire article...that wasn't the case, I summarized the story and quoted a few lines, and provided the link to the story.

Well, you should have been more specific. Maybe even provided a link so we could see what was posted. You can understand why I came to that conclusion because if you had indeed merely "summarized the story and quoted a few lines, and provided the link to the story" then, of course, the lawsuit would have no merit whatsoever and you could have counter sued for malicious prosecution. These days judges take a dim view of predatory law suits and will happily award damages to the wronged party.

Since you now claim that you only did what websites like Google and Yahoo and Bing and Drudge and a thousand other news organizations continue to do every single day, you'll understand my skepticism that there is much more to this story that you're intentionally hiding from us.

You really shouldn't go around and call people stupid, on the street you can get your ass kicked pretty bad for doing so...I understand that safely behind a keyboard is a different situation though.

Let's see: I used the word stupid, and you're threatening ass kicking. Who's hiding behind the safety of their keyboard now? Apparently you've quickly reached the limit of your intellect and since you're no longer capable of rational debate, have degenerated into making veiled threats. Sorry to disappoint you, trailboss, but that doesn't impress me. In my 50+ years on this earth I have dealt with some truly bad individuals and have always prevailed at their expense. So good luck with that.

Sorry to disappoint you, but it didn't cost me a dime, the forum owner insisted on paying it since he figured that he failed to exercise due diligence and register with the copyright office and avoid the whole mess.... I would post more of the details, but I signed a non-disclosure agreement, gaining your respect isn't worthy of breaking that agreement...

Yeah, something here doesn't wash. And your all too convenient non-disclosure agreement prevents you from elaborating any further.

I understand the low-life scumbags at Righthaven going after morons on bulletin boards who incessantly CUT&PASTE entire articles because the poorly written DMCA allows them to do that. I'm not saying it's right, but it's legal. Fortunately the same DMCA gives a legal preemption for a mere $105 that, unfortunately, the forum owner negligently failed take advantage of and is now paying the price.

Well, trailboss, at least we agree on something.

 

[trailboss]

I am not hiding anything....
The owner of the forum never mentioned the lawsuit on his forum, and allowed me to sign onto the settlement at no charge, and I did sign a non-disclosure agreement..so I should betray his confidence in order to pacify you?

I never threatened to kick anyone's ass...I just mentioned that if you so easily can call someone stupid twice from the comfort of a keyboard, be careful when you go on the street, face to face many people aren't so charitable.


I could really give a rats ass whether you believe me or not...by the way...Matt Drudge was also sued by Righthaven...he settled out of court for an undisclosed sum also.

http://www.lasvegassun.com/news/2011/feb/16/matt-drudge-settles-righthave-copyright-lawsuit-ou/

 

[AudioShockwav]

Please keep it civil gentleman.
Thanks,

73
Jeff

 

[trailboss]

Please keep it civil gentleman.
Thanks,

73
Jeff

I agree.

My motivation for posting the thread was strictly to warn others about how easily you can be targeted for a lawsuit when posting on the net, and giving forum owners a "heads up" on how to protect their forum. Most forum owners that I have communicated with were unaware of these lawsuits going forward....it isn't unheard of for Righthaven to file over 30 lawsuits in a single day. The $150k lawsuit is filed, and an offer is made to settle for far less out of court, they bank on the fact that few are willing to incur the legal fees that exceed the out of court offer...not to mention travel and cost's associated with it.
As I said earlier, I did sign a non disclosure agreement and I would be extremely foolish to discuss any particulars, and since the forum owner went out of his way to discreetly settle it, not only would I break the legally binding agreement, I would betray him by doing so...


There is a huge amount of material posted online about other lawsuits that closely mirror what I am talking about happened to me...regardless, the post that generated the lawsuit no longer even exists and search engines with my name and Righthaven will only return the lawsuit, and none of the particulars of the supposed offense.

It does get my hackles up when called stupid and it is insinuated that I am a liar while the person gloats that I will get my financial come-uppance from the lawsuit, I am 50 years old also, and have spent my life raising my family where honesty and integrity are core values that should define oneself. I have always made it a point to match my online communication with face to face conversations, and that practice has served me well, not all people live by the same set of principles I reckon...