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Captain...or Skully
Social climber
You wanted to!
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Jan 29, 2010 - 03:44pm PT
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Hey, I'm offensive.....uh, um, I mean Offended.
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Ghost
climber
A long way from where I started
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Jan 29, 2010 - 03:44pm PT
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Locker, remember when I accused you of cursing my climbing trips and threatened to come down to J-Tree and entomb you in glue, then shape you into a giant buttplug and go looking for an elephant to stuff you into?
Why didn't you threaten to beat me up or sic your lawyers on me? What's wrong with you?
Happy birthday dude.
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blahblah
Gym climber
Boulder
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Jan 29, 2010 - 03:47pm PT
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Why does everyone assume that is legal to take other people's pictures and modify them and then republish them?
Isn't that clearly a "derivative work," the right of which to make is reserved exclusively to to the copyright owner? (See 17 U.S.C. Section 106) I know there are lots of artists who post to this site; I'm surprised they don't have a view as to whether their work can be appropriated by others without their permission.
And if the owner of this site is given notice that it is being used as a conduit to further copyright infringement and the owner refuses to prevent that, seems like it's liable for contributory infringement.
RJ should consider registering the copyright of some of his pictures before he posts them here, then post them, sit back and wait for the copyright infringement to occur, and then:
BAM, you're hit with a copyright infringement lawsuit, and he as the right to recover statutory damages and attorneys' fees.
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blahblah
Gym climber
Boulder
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Jan 29, 2010 - 04:02pm PT
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No monitary gain...
No damages of any sort...
No loss of any sort...
Open forum...
Case closed!!!...
Maybe, that's why it would be extremely helpful for the copyright owner to have registered his works before the infringing activity began. That way he can recover statutory damages and, possibly, attorneys' fees.
Nevertheless, I'm not so sure that there is no economic damage. This site contains paid advertising, and based on the responses to the threads, the posts that contain apparently infringing photos are some of the most popular on this site. Therefore, the copyright infringement is being used to draw eyeballs, for profit. Not saying I agree with that, but I see the argument . . .
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bmacd
Trad climber
Beautiful British Columbia
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Jan 29, 2010 - 04:08pm PT
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Locker's gonna sue me ?
I doubt it ....
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blahblah
Gym climber
Boulder
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Jan 29, 2010 - 04:16pm PT
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No, I think it's pretty clear you have implied permission to repost photos that others have originally posted on Internet forum (that is, if nothing else, that original poster has chosen to post the photos on a site that invites commentary and replies).
The potential copyright infringement I saw was the preparation of the "derivative work" by Locker. He took RJ's photo (which is protected by copyright law, even if it isn't registered), and then he modified it to create a derivative work. Only a copyright owner has the right to prepare a derivative work (I cited to the federal law that says that above).
Locker's point that there are no damages seems good, but his actions do seem to have caused "psychic" damage--I don't know if those "count" under a claim for copyright infringement.
What if this pisses of RJ so much he goes out and does something crazy?
Lawsuits have filed for flimsier reasons, I'm sure.
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bmacd
Trad climber
Beautiful British Columbia
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Jan 29, 2010 - 04:37pm PT
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photoid=143047
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Captain...or Skully
Social climber
You wanted to!
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Jan 29, 2010 - 04:50pm PT
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Poor muffler.
Somebody call Midas.
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Steve L
Gym climber
SUR
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Jan 29, 2010 - 05:15pm PT
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Maybe its....
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blahblah
Gym climber
Boulder
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Jan 29, 2010 - 05:18pm PT
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blahblahblah is a lawyer right? don't take it personally, but by definition you suck dude. Don't ruin the thread with your occupation, shouldn't you be out ruining lives and transferring wealth for your benefit?
Arguing about copyright law is so "yawn".
Sorry, I was trying to make it slightly interesting by hinting that that RJ may have a viable case. No one bought it.
How about a claim for good old "intentional infliction of emotional distress," or, my favorite, "outrageous conduct"?
I won't play Mr. Lawyer more than I already have--this whole thing was just so funny that I wanted to contribute--sorry it came across as buzzkill.
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bmacd
Trad climber
Beautiful British Columbia
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Jan 29, 2010 - 05:20pm PT
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This freak has dissed too many legends on ST. What cums around goes around Lance.
photoid=143047
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dirtbag
climber
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Jan 29, 2010 - 05:25pm PT
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Locker I've loved your photo postings but honestly, I think you took things a little too far with Rokjox. For quite awhile you kept saying in the other thread that you still thought kindly of him but then you kept stuff posted that he was pretty uncomfortable with. I mean, this stuff is supposed be entertaining and in good fun, especially for the person being lampooned, but if that person is really offended and hurt then it isn't much fun anymore and I don't see the point in keep it up.
Anyway, no disprespect intended. I just hate to see people leave like this.
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salvador_dali
Social climber
far far away
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Jan 29, 2010 - 05:33pm PT
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Captain...or Skully
Social climber
You wanted to!
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Jan 29, 2010 - 07:49pm PT
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Better to find a girlfriend if ya don't hafta travel.......
Hey, I'm from Arkansas, folks. I can make incest jokes.
I have a pass.
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TKingsbury
Trad climber
MT
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Jan 29, 2010 - 08:08pm PT
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Off White
climber
Tenino, WA
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Jan 29, 2010 - 08:22pm PT
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Wow, this thread, which I simply haven't logged enough time in the non-climbing related topics here to even follow, offers a really strange counterpoint to Dingus' lovely paean to Tacolife currently on the front page.
It just doesn't pay to get too wound up, and life is much simpler if you're the same person online that you are to the rest of the world. Or anyway, that's what works for me.
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Gene
Social climber
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Jan 29, 2010 - 08:52pm PT
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In your dreams, jeff.
Nice wheels though.
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Reilly
Mountain climber
Monrovia, CA
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Jan 29, 2010 - 08:57pm PT
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Fatty,
Cosmic is busy with his lighter.
He did tell me to tell you
ALL YOU PRIMA DONNAS ARE ALL THE SAME!
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