Copyright of usenet text posts

[Zigner]

Gives me some hope with the adamant ISP because I've always taken a non DMCA route with them till yet, like a polite request.

So, you've done everything EXCEPT the one thing that should have been done to begin with. Really?

 

[justalayman]

Again, JUSTA, there was unlikely to be any assignment of rights, implied or other, or terms of service. Back when the USENET was in it's prime, such issues were completely absent.

and that is as important as there being an agreement since, barring any agreement, the possessor cannot claim some right under license granted by the OP. On one side of the argument, it could preclude the op from having any right to seek the posts be pulled down. On the other, it precludes the possessor of having any claim of right to post the works.

(in some cases it was email).

that is another argument altogether.

 

[quincy]

As stated, I've filed DMCA takedowns for articles that were lifted from my USENET posts back decades ago. I have been 100% successful in each ISP I've filed against.

Again, JUSTA, there was unlikely to be any assignment of rights, implied or other, or terms of service. Back when the USENET was in it's prime, such issues were completely absent. USENET again is pretty much peer-to-peer. Messages were inserted via protocols very similar to sending email (in some cases it was email).

This thread has evolved from a situation described in such a way as to make it seem impossible to locate, recover or remove the material from its various locations online, to a rather simple remedy using a DMCA takedown notice on a single ISP. All without leaving the U.S.

I think this is probably made much easier, too, because of the content. I cannot see anyone challenging rights to angry words written in response to postings about a philandering ex-girlfriend.

Again, much luck, johnye.

 

[johnye]

so, what were the terms of use at the time of posting?

and did you transfer the works to an individual or to a server?

and the rights conveyed, were they to an individual or the operator of a server?

I agree with Flying on this.

Since you said money was no object, you can likely have a lot done, unless they have a lot more money. I am sure somebody will point you to a lawyer willing to accept a 7 figure payment to help you out if you really want to do something about this.

I'm assuming when you say 7 figures, you're hinting at litigation, right? That will take the posts into higher visibility / public eye, something I don't want.

 

[justalayman]

johnye;3224678]I agree with Flying on this.

well, you go ahead and agree with whatever you want but as I explained in a subsequent post, the lack of an agreement is just as, and actually more, important than there being one. Barring an agreement, there is no ability to stand on the rights of a license,


get the point?


the rest were follow up questions in case there was a TOS

I'm assuming when you say 7 figures, you're hinting at litigation, right? That will take the posts into higher visibility / public eye, something I don't want.

so what do you want?

the only thing available that would not actually cause the writings to be published somewhere other than they are now is making a demand they be withdrawn from publication whether that demand be made as a simple statement from you or along with your claim under the DMCA.

so, make the demand and hope for the best since anything beyond that would require you to publish the writings somewhere in addition to where they are now.

 

[johnye]

So, you've done everything EXCEPT the one thing that should have been done to begin with. Really?

The thought was to keep the best for the last if everything else didn't work.

 

[quincy]

... I'm assuming when you say 7 figures, you're hinting at litigation, right? That will take the posts into higher visibility / public eye, something I don't want.

It is a good thing you don't want that because, based on what you have disclosed in your more recent posts, there is very little chance an infringement lawsuit would fly after all this time. And there is little chance you would find an attorney to handle the matter, and very little chance of any award of damages.

 

[justalayman]

It is a good thing you don't want that because, based on what you have disclosed in your more recent posts, there is very little chance an infringement lawsuit would fly after all this time. And there is little chance you would find an attorney to handle the matter, and very little chance of any award of damages.

but you know there is an attorney that will take his money to be his mouthpiece and attempt to strong arm the publisher and attempt to go the copyright infringement issue.



on a side note, does anybody know when goose season starts? Of course, if they didn't have to be wild geese, I could just grab one from the farm but wild geese, there's a lot to be said for 'em.

 

[Zigner]

The thought was to keep the best for the last if everything else didn't work.

Really? So, there is ONE method that is legally required to lead to your desired result and you wanted to wait for LAST?

 

[johnye]

Really? So, there is ONE method that is legally required to lead to your desired result and you wanted to wait for LAST?

Yes since many others simply removed the posts based on a polite and friendly request. Why go with legal demands at an early stage, because if that fails there's not much to fall back on?

 

[Zigner]

Yes since many others simply removed the posts based on a polite and friendly request. Why go with legal demands at an early stage, because if that fails there's not much to fall back on?

There is nothing impolite or unfriendly about the DCMA take-down request. It's business.

 

[johnye]

but you know there is an attorney that will take his money ...

Not one, many many money loving, emotion hardened attornies.

 

[johnye]

There is nothing impolite or unfriendly about the DCMA take-down request. It's business.

Sure but there's nothing friendly or polite about it either.

 

[Zigner]

Sure but there's nothing friendly or polite about it either.

It's neutral. And, had you done it already, you wouldn't be here

 

[Silverplum]

Not one, many many money loving, emotion hardened attornies.

If no attorney will take you case, it's likely none of them believe you have a worthwhile case.

I don't work for free. Why should I? Do you? Really?

When you have a problem you can't fix yourself, what DO you do? Your own dentistry? Your own plumbing? When you do have to hire help, a key word is "hire."