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Thursday, May 28, 2009

uh-oh, here come the lawyers!

The lawyers for Detroit Free Press (whoever the fuck they are) sent me the following message today.

It has come to our attention that a portion of your website contains in part or in whole a portion of copyrighted material created for the sole use of the Detroit Media Partnership and its entities. We are respectfully requesting that your delete the portion therein which contains copyrighted editorial content or images which were created for publication in our newspapers. We request that you delete this content with 10 days of this notification.

Remove links identified with images violating copyright of photographer and DMP:

http://www.armedtechnician.com/2006/06/around-world-with-audrey-seilheimer.html

http://www.armedtechnician.com/2006/06/audrey-seilheimer-beaten-by-retard.html

COPYRIGHT 2006 Detroit Free Press


Bloggers and web hosts who fail to modify or delete the content which they have copied from a Detroit Media Partnership copyrighted source will be liable to claims, suits, judgments, proceedings, losses, damages, costs and expenses, of any nature whatsoever (including reasonable attorney’s fees) for which Detroit Media Partnership or any of its affiliates may become engaged in as a result of this inaction within 10 days of notification. All editorial copy and images that represents the creative effort of Detroit Media Partnership, and/or the utilization of creativity, illustrations, labor, composition or material furnished by it, is and remains the property of Detroit Media Partnership, including all rights of copyright therein. The blogger should be advised with notice, understand and agree that they may not authorize photographic or other reproduction, in whole or in part, of any such content for use in any other medium without prior written consent from Detroit Media Partnership. Detroit Media Partnership will not be liable for (a) typographical errors, incorrect insertions, or omissions in content published by Detroit Media Partnership, or (b) any resulting losses. The publishers of Detroit Free Press and The Detroit News each reserve the right to revise, classify, or reject, in whole or in part, any content that originated in their respective newspapers.

Thank you for your prompt attention to this matter.

Frank, Haron, Weiner & Navarro, LLP


Well "Frank, Haron, Weiner & Navarro, LLP" you can quit your crying, the pictures are gone. The posts were three fucking years ago and really aren't funny now.

I guess this has more to do with the person in the photo than the person who took the photo. I see she's still eating all the pies.

Oh, and by the way:

Section 107 of the Copyright Act, entitled, "Limitations on Exclusive Rights: Fair Use," is the statutory codification of the fair use doctrine. This judicially developed concept strives to balance the public's need to know and be informed against authors' incentives to create. The copyright law contemplates that fair use of a copyrighted work without permission shall be for purposes such as (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching, and that such fair use will not result in the infringement of a copyrighted work. As one may expect, authors and publishers usually take a restrictive view of the fair use doctrine, while users of copyrighted materials generally take a more expansive view.

You'll have a hard time finding a judge who doesn't rule this web site falls within (1) criticism and comment AND (2) parody and satire.

One last point.... in order to sue someone you have to a) Know who they are and b) Have legal jurisdiction... you don't have either.