2019-02-17 - Roy Philipose: "DMCA TAKEDOWN"

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Clem Fandango

Clem Fandango

Can you hear me?
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Null said:
To file a copyright infringement lawsuit you must copyright your work with the USCO.
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I so nearly added "*in Bongland". I thought the registration was only for the recovery of statutory damages?

In any case, the point I'm trying to make is that there is indeed a distinction between unregistered rights like copyright and unregistered design rights, and registered rights like patents and trademarks.
 
Apteryx Owenii

Apteryx Owenii

I still don't know what sneed means, don't @ me
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Wake me up said:
All of your own material is copyrighted by default. Actually going through the proper registration procedures is just one extra layer that establishes beyond any doubt that it is your copyright. As far as I know it's the same with trademarks and patents although a judge may be a lot more incisive if a company fails to register any of those as well. I'm not a lawyer but I'm fairly confident this is how things work.

If I write a book and you sell my unregistered book, I still have every right to sue you under copyright law.

But you are right that he has no grounds to sue for damage or anything else since we're entirely harmless.



One of these is an honest mistake, even if it's the dumbest mistake ever. Asking to be CEO of one of the hottest companies in history, live on camera worldwide, to fucking Elon Musk is not a "mistake" at all. It's autism.
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I think others covered it pretty well but when you quoted me you cut out the relevant part of my post: damages. Your creation is copyrighted but it's meaningless if you are intending to sue someone without registration and can't show damages or pursue statutory ones, as is the context here.
 
queerape

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What these people don't understand is you can't just declare something copyrighted. It's a formal legal registration that costs money, and you have to fill out forms. Your blog theme/ engine is copyright by the site you are using, but all of the content is public domain. Otherwise, you'd get sued for infringement everything you reblogged/ reposted/ retweeted something.
 
BOLDYSPICY!

BOLDYSPICY!

ONE MORE COD REJECTED, I AM THE PUFF INSIDE YOU
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Dingus Bing Bong said:
Us: before we consider your request, I need you to dox your self.
Them: ok
Us: Thank you for your cooperation and information but we have determed to DENY your request.
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I love how they fall for it every fucking time.

Also, great, another Pennsylvania cow. I'm telling you, it's the fracking chemicals in the water.

EDIT: This is the second time he's bumped his dead, five-page thread. We're dealing with a CWC-level "geinus," here. He has an Associate's Degree & 120 college credits! :story:
 
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The Fool

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queerape said:
What these people don't understand is you can't just declare something copyrighted. It's a formal legal registration that costs money, and you have to fill out forms. Your blog theme/ engine is copyright by the site you are using, but all of the content is public domain. Otherwise, you'd get sued for infringement everything you reblogged/ reposted/ retweeted something.
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Copyright is implicit when publishing any work, including text. He copywrote his blogpost, it is technically his work. He didn't even have to state it was his copyright. It is, by default, implicit when you publish something you made that you reserve all ownership of it unless you state otherwise. This is why many websites have implicit copyright notices at the bottom of every page, even KF itself states "All content belongs to their respective authors and does not represent Lolcow LLC" at the bottom. I think you're getting confused with registering an intellectual property, which does require filing legal paperwork.
The post that is mirroring the blogpost is using it in fair use, though. It would only be a copyright violation if someone reposted his blogpost while implying they themselves wrote it, or if they were getting money from doing it.
 
Apteryx Owenii

Apteryx Owenii

I still don't know what sneed means, don't @ me
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The Fool said:
The post that is mirroring the blogpost is using it in fair use, though. It would only be a copyright violation if someone reposted his blogpost while implying they themselves wrote it, or if they were getting money from doing it.
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It can be a copyright violation just fine without those two elements. If I take my copy of The Last Airbender and distribute it, even without gaining monetarily from it (i.e. I torrent it) and without claiming to be the rights-holder, I have still committed a copyright violation on the face of it unless I can articulate fair use via criticism, parody, scholarly use, etc. Even without registration, like in Roy's case, he could try the same thing but would be unable to use statutory damages after registering it post-infringement. So if he tried to actually sue anyone he would have to show the actual damages their infringement the copyright violation cost him. That number would be zero.

Godspeed, Roy. I would very much like to see you try (and fail- because you're the embodiment of the Dunning-Kruger effect) to sue someone for no money because they mirrored your free blog to make fun of you.
 
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