FA+
Shop
Cuddlemander Update
12 years ago
Figure I'll post this here, where it may be seen.
All of Cynnamin's work is entirely removed from FS, even in name.
It's not worth seeking litigation(5,000$ legal fees) against a random internet person that likely has no funds to take, and that's the only defense available. Hurray American System.
So, instead, we placate them, like many irrational people before them, in the hopes it quiets them down.
All of Cynnamin's work is entirely removed from FS, even in name.
It's not worth seeking litigation(5,000$ legal fees) against a random internet person that likely has no funds to take, and that's the only defense available. Hurray American System.
So, instead, we placate them, like many irrational people before them, in the hopes it quiets them down.
"As part of the "Counter Notification Letter" you have to state that you will accept a lawsuit from the "Cease and Desist" people. Initially this sounds frightening, but it actually works in your favor. If you were actually infringing the original "Cease and Desist" people, they could legitimately file a lawsuit against you without using the DMCA - thus this requirement on the "Counter Notification Letter" does not open you up to anything that you weren't already liable for. When you return the "Counter Notification Letter", it lets your web host off the hook. Now the original "Cease and Desist" people must file a lawsuit IN YOUR DISTRICT COURT if they want to continue. Frequently this would involve travel and legal expenses on their part. If they do not file a lawsuit (most likely outcome), your web host will restore your web page and you are back in business again."
I just wish there were some way for total, definitive victory in this manner. SOMETHING other than "you're wrong but I'll do everything you say because I can't afford to fight". We all know how well that worked on Hitler back when, or any number of other dictators...
As you say though, that's the American system. Forces inaction from anyone not A) seeking martyrdom (taking legal action that ruins you by it's cost) or B) extremely wealthy (buying more expensive lawyers/politicians/etc.'s allegience). Really sad, but that site someone above linked has some good ways of 'obeying' a takedown notice that ammount to ocillating between hosting services that should hold up until someone actually sues (something an idiot like you're dealing with couldn't afford).
It's not worth the effort, though. I'm just an idealist that wants to see a moral victory instead of a practical one. People who abuse the DMCA like that should be figuratively beaten and shamed before the whole world. There really needs to be the same level of public humiliation and reall financial loss associated with false copyright claims as there is with real ones, but on the other party.
I couldn't find a way to set an 'ignore' or 'hide' or 'disapprove' or 'foe list' setting here, but they DO have a page here, where they spout some nonsense about having an IP agreement that pretty much gives them total controll of FS (or at least recall priveledges nobody would agree with unless rediculously desperate). If you have something that could pass for a contract, or at least a better record of communications than they do, you could probably have given them the finger and walked away.
Again, probably wouldn't have been worth the stress, but it would have made the point of being able to specificly DISREGARD the ultimatum.
We really need some highly-publicized ruination and public humiliation of a copyright troll, sooner rather than later.
Depending on your fanbase, a synchronized letter-writing flood campaign on notes, journal comments, submission comments, email, etc. on a certain date could be a useful way of returning the intimidation of a takedown notice in Internet style. While probably remaining legal if ostensibly non-threatening and unobstructive, such a campaign (especially if timed so all messages arrive within minutes of each other) could result in extreme inconvenience while also publicly excercising resources that would also be useful in a real cyberattack. (similar to how people get upset when new countries announce nuclear POWER programs) If at least a large portion of the letters are handwritten (no effort need be put into them), and minor care is taken not to refer to unique keywords, the effort required to configure a spam filter to catch them should be extreme.
Just glad you're alright.
Also, just a thought, but wouldn't they be embarassed to describw the issue to a judge or jury or whatever?
Take care!
But no, I'm not seeking revenge. It's time to take the high road and just move on.