Comments on: Dreamhost and the DMCA http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/ Linux, politics, and other interesting things Thu, 20 Nov 2008 16:46:47 +0000 http://wordpress.org/?v=2.6.3 By: Kevin Mark http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/#comment-7263 Kevin Mark Thu, 11 Oct 2007 03:05:32 +0000 http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/#comment-7263 This might be something to do in a similar vein as Don. The site uses Google ads. This use maybe a violation of the TOS, thus it would also affect the reason for the blogs existance. Hope it helps. K This might be something to do in a similar vein as Don. The site uses Google ads. This use maybe a violation of the TOS, thus it would also affect the reason for the blogs existance.
Hope it helps.
K

]]> By: Don Marti http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/#comment-7255 Don Marti Thu, 11 Oct 2007 00:53:11 +0000 http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/#comment-7255 Here's a little trick that I learned from the Church of Scientology. Don't send the DMCA takedown to the content site. Send it to Google, demanding that the site be removed from the index, which is the whole reason that people do spam blogs to start with. By the way, Karl F. is all wet on the fair use doctrine. The amount used is only one of the fair use tests, and the others all go against them. Spam blogs aren't even transformative. It would be interesting to see if a judge would actually narrow the fair use defense in the case of a CC-licensed work, since it would have been easier to use an excerpt of the work with permission. Here’s a little trick that I learned from the Church of Scientology. Don’t send the DMCA takedown to the content site. Send it to Google, demanding that the site be removed from the index, which is the whole reason that people do spam blogs to start with.

By the way, Karl F. is all wet on the fair use doctrine. The amount used is only one of the fair use tests, and the others all go against them. Spam blogs aren’t even transformative.

It would be interesting to see if a judge would actually narrow the fair use defense in the case of a CC-licensed work, since it would have been easier to use an excerpt of the work with permission.

]]> By: Benjamin A'Lee http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/#comment-7253 Benjamin A'Lee Thu, 11 Oct 2007 00:43:03 +0000 http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/#comment-7253 Fair Use/Fair Dealing doesn't negate the requirement that the author is identified; that comes under moral rights, required by the Berne Convention. Moral rights apply even if copyright is transferred (and in certain jurisdictions, infringement of moral rights can adversely affect the chances of anyone claiming fair dealing as a defence). Fair Use/Fair Dealing doesn’t negate the requirement that the author is identified; that comes under moral rights, required by the Berne Convention. Moral rights apply even if copyright is transferred (and in certain jurisdictions, infringement of moral rights can adversely affect the chances of anyone claiming fair dealing as a defence).

]]> By: Jaymz Julian http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/#comment-7246 Jaymz Julian Wed, 10 Oct 2007 23:58:12 +0000 http://etbe.coker.com.au/2007/10/11/dreamhost-and-the-dmca/#comment-7246 Interestingly, I had exactly the opposite experience with dreamhost - we had them pull stuff behind our backs because someone sent an (illegitimate) DMCA request, in a shoot-first-ask-questions-later manner. And then, when more was filed by the same attacker, they invoked the 30 day termination clause because having a customer that someone files requests against makes them too expensive. Interestingly, I had exactly the opposite experience with dreamhost - we had them pull stuff behind our backs because someone sent an (illegitimate) DMCA request, in a shoot-first-ask-questions-later manner. And then, when more was filed by the same attacker, they invoked the 30 day termination clause because having a customer that someone files requests against makes them too expensive.

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