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  #1  
Old 20 Sep 2010, 19:27
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BirdOPrey5 BirdOPrey5 is offline
 
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Thumbs down Forums under Legal Attack

http://www.dailypaul.com/node/143700

There's a Lawyer with an LLC out there buying the rights to old news stories and then suing forums and bloggers who have parts of "his" articles copied on their sites... So a user wants to comment on a newspaper article they link to it and usually post a paragraph or two, if not the whole article (if it's short enough) and BAM now this guy will sue the site owner for $75,000 and demand their forfeit their domain to him... apparently it's a legal loophole he's able to use and gets away with this crap... None of the 100+ sites he's sued so far have been able to defend against this and haad to settle for thousands of dollars and/or close up.

This is a major issue for forum owners and quite frankly I think IB should be putting up the legal capital to combat this- he will hurt/ruin forums and by extension, their business.

I will post a request they get involved on .com, but this post here is a warning for other forum owners.
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  #2  
Old 20 Sep 2010, 19:32
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I don''t think this will have any influence for forum owners hosted in Europe. We have other laws about suing. It is not like in the States where everyone sues everyone else for almost anything.
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  #3  
Old 20 Sep 2010, 19:37
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While it's probably not financially worth it for this guy to sue Europeans I'm sure Europe has agreements to respect US Copyrights (as we do yours) so I'd bet there's some risk for forums hosted in any developed nation.
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  #4  
Old 20 Sep 2010, 19:39
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Originally Posted by BirdOPrey5 View Post
While it's probably not financially worth it for this guy to sue Europeans I'm sure Europe has agreements to respect US Copyrights (as we do yours) so I'd bet there's some risk for forums hosted in any developed nation.
Yes, of course but not like that. You can''t do that so easily here. Like this guy is doing at the link you posted.
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Old 20 Sep 2010, 19:49
KevinL KevinL is offline
 
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I thought you could only get sued if it was the entire article posted? I remember reading about FOX or Reuters trying this and they lost...
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  #6  
Old 20 Sep 2010, 19:53
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interesting, but I'm not really worried about it
worst case serino, I remove the post
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  #7  
Old 20 Sep 2010, 20:21
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you only can get sued if you refuse to delete the post when he notifies you.
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  #8  
Old 20 Sep 2010, 20:37
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That article dates from January.



Edit: *sigh* NM, just realised its a backward US date.
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  #9  
Old 20 Sep 2010, 20:41
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this guy isn't notifying anyone. he simply finds it and sues from what I read here.
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  #10  
Old 20 Sep 2010, 20:50
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Originally Posted by Loco.M View Post
interesting, but I'm not really worried about it
worst case serino, I remove the post
Originally Posted by TNCclubman View Post
you only can get sued if you refuse to delete the post when he notifies you.
That's the problem- this guy doesn't give you warning or notice to remove, he just sues you as soon as he has secured the rights to the article... You have no defense- he has proof it was posted and that's all he needs to sue you and your forum.

--------------- Added 20 Sep 2010 at 20:51 ---------------

Originally Posted by KevinL View Post
I thought you could only get sued if it was the entire article posted? I remember reading about FOX or Reuters trying this and they lost...
In the link I posted it's this this guy has sued over 4 paragraphs from a 36 paragraph article...
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Last edited by BirdOPrey5; 20 Sep 2010 at 20:51. Reason: Auto-Merged DoublePost
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  #11  
Old 20 Sep 2010, 21:35
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I really don't know much about the laws regarding this stuff, but there has to be some judge out there somewhere that's going to think this is stupid based on giving no prior notifications.

how can you be sued for something you didn't know you had to remove, and would have happily removed if asked.

what does it boil down to? locking down the board to all but existing members and go on a vouche only system???
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  #12  
Old 20 Sep 2010, 21:45
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Originally Posted by BigJohnny View Post
I really don't know much about the laws regarding this stuff, but there has to be some judge out there somewhere that's going to think this is stupid based on giving no prior notifications.

how can you be sued for something you didn't know you had to remove, and would have happily removed if asked.

what does it boil down to? locking down the board to all but existing members and go on a vouche only system???
The problem is to get in front of a judge is going to cost someone thousands of dollars in lawyers and legal fees that virtually no one they go after has- they aren't going to sue Facebook over this because they know Facebook's lawyers will laugh this out of court... but for the average forum owner who makes little if any money on their forum- we can't spend $10,000 on a team of lawyers... he knows we'll settle for $2,000 or $3,000 rather than risk getting a $75,000 judgement against us potentially ruining our real lives over an internet "hobby."
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  #13  
Old 20 Sep 2010, 21:55
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Everyone should have a notice that posts on your forum belong to the post author, not your forum.

Like how youtube removes copyrighted material when its notified.
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  #14  
Old 20 Sep 2010, 22:53
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Yah for the US legal system. They would be laughed out of a UK court, and face a legal bill for losing.
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  #15  
Old 20 Sep 2010, 23:22
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Same in canada.
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