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August 2010

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mohavedatura in advice_rehash

Question of Copyright

I recently received this memo from the LJ Abuse Team:

Dear LiveJournal user mohavedatura,

We have received a report, properly formatted under the provisions set forth by United States law, indicating that your entry located at http://community.livejournal.com/cf_abby_tribute/236103.html violates the copyright of another. As such, we have suspended this entry.

If you feel that this report is in error or that your use of the material falls under one of the categories permitted under copyright law, you are entitled to file a counter-notification, also under the provisions of U.S. law; please contact us for information on how to do this. Filing a counter-notification indicates that you are willing to defend yourself in court against a charge of copyright infringement, and you may be bound by civil and possibly criminal penalties if you are found liable.

LiveJournal Abuse Prevention Team

For those of you who don't feel like clicking, it is a post on the CF Abby site that basically rehashes one of the letters to the 'Advice Goddess'. Has anyone else gotten these before? Strangely enough, it looks as if my letter was the only one that garnered the attention. Those before and after it still remain as is.

I am wondering what it means for coms like this.


I've never gotten a notice like that and I'm...well, wait, I was going to say that I am surprised LJ suspended the post but actually I'm not. LJ's default response to copyright claims is to assume they're valid and act accordingly, thereby being able to cover their behinds no matter what.

I am not a lawyer, just an artist and a writer, but I don't think it's a legitimate claim at all. You are clearly using the material as we use all material here and in cf_abby, we are editorializing on it and, often, satirizing it. I can't imagine a US court that would actually find copyright violation in this case and, indeed, most courts wouldn't even accept the claim in the first place.

However, I don't think it's worth the effort to fight.

Amy Alkon is batshit, everyone knows this, but I have a hard time believing that she's tracking down every little post anyone makes about her ever; I suspect that the claim was made to LJ from some Amy Alkon fangirl/boy or some other batshit entity who didn't like what you had to say. (The post is suspended so I can't see which one it was.)
I wonder about the same thing for this comm of mine: http://community.livejournal.com/twitchy_eye/
Newspaper letters to the editor.