Excelsior the book

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I don't even know what you're talking about anymore. Next time your dog pisses on the rug, don't bother rubbing his face in it: if it can't housebreak every dog on the planet, I guess it's not worth it.

nabiscothingy, Thursday, 24 June 2004 03:53 (nineteen years ago) link

I'm talking about your repeated "precedent, we must have precedent" stuff.

Precedent minus authority or force equals an example. So if this ever happens again, you'll have a really good example to show, but that's it.

Your dog-piss analogy is off. If rubbing my dog's face in urine wasn't going to stop him from peeing on the rug again, then what's the point? If the ILX precedent isn't going to stop someone from making a book again, then what's the point?

miloauckerman (miloauckerman), Thursday, 24 June 2004 03:56 (nineteen years ago) link

Any precedent here means absolutely nothing. It's unenforceable, legally or socially.

we have these people here at ILX called moderators. And we have this thing called an FAQ (soon to be revised). So I would argue that many aspects of ILX activity are enforced. Have you never seen any locked threads? General derision of trolls? Death threats towards established posters?

ps. I got my hysterical and imaginary lawyers workin' on the cease-and-desist post.

hstencil (hstencil), Thursday, 24 June 2004 03:57 (nineteen years ago) link

Perhaps he means we will have formed a sort of gentlemen's agreement. No regular can do something similar and claim ignorance. We'd all know the rules. No, it wouldn't be legally binding, but we'd get to bitch the hell out of anyone who tried anything. And that makes it very worthwhile, IMO. :;)

oops (Oops), Thursday, 24 June 2004 03:57 (nineteen years ago) link

also, copyright infringement was enforced against on that one New York thread with the pictures, as noted earlier. ILX can and does enforce itself. And given individuals' earlier documented letters to cafe press, ILX can attempt enforcement off ILX too. Perhaps ILX should incorporate in some way?

hstencil (hstencil), Thursday, 24 June 2004 04:00 (nineteen years ago) link

I feel cluster 14(c) - me and Oops - should police this agreement, and the inevitable physical penalties deriving thereunder.

the music mole (colin s barrow), Thursday, 24 June 2004 04:00 (nineteen years ago) link

I don't think it was necessary for people to have as strong as reactions as they did in order to make it known that this sort of thing isn't kosher. I think all the you-should-have-asked's would be sufficient.

xpost yes most definitely, mr. mole. the cluster 14(c) ritual flogging stick is ready and waiting. of course, ILX would have to adequately compensate us, but you can't really put a price on the protection of your intellectual property.

oops (Oops), Thursday, 24 June 2004 04:04 (nineteen years ago) link

Thank you, Oops. Milo, you seem to think that I think that by objecting to this book we're somehow immunizing ourselves from all copyright infringement by anybody ever. Being that I'm not an idiot, I don't think that, and am therefore slightly offended that you imagine I do. All I'm saying is this: Mark's book, and this whole thread, make it abundantly clear that there are some people here who care about whether and where their posts get reprinted, and there are other people who don't think it's a big deal at all. What I'm hoping is to make it clear all around that the copyright here isn't something everyone's going to allow you to play fast and loose with.

nabiscothingy, Thursday, 24 June 2004 04:05 (nineteen years ago) link

Being that I'm not an idiot, I don't think that

Classic.

oops (Oops), Thursday, 24 June 2004 04:07 (nineteen years ago) link

Hstence, I said "ILX precedent is only relevant to things ILX can control." The mods and FAQ and owners can control trolls and posts and who joins - but where their ability to directly influence (ie delete) events stops, ILX precedent stops.

ILX didn't enforce ILX with cafepress, individuals who had their copyrights violated took up the issue. As a group entity, ILX has no standing, and even incorporated wouldn't have standing (as the FAQ explicity renders copyright back to individual posters).

Nabisco, that's fine and good, but it's got nothing to do with precedent. And that's what I was responding to.

miloauckerman (miloauckerman), Thursday, 24 June 2004 04:08 (nineteen years ago) link

The mods and FAQ and owners can control trolls and posts and who joins - but where their ability to directly influence (ie delete) events stops, ILX precedent stops.

I disagree, they can indirectly influence things as well.

ILX didn't enforce ILX with cafepress, individuals who had their copyrights violated took up the issue. As a group entity, ILX has no standing, and even incorporated wouldn't have standing (as the FAQ explicity renders copyright back to individual posters).

Technically as Andrew owns the servers, I would think he owns ILX. So I'd imagine that he could've referred to himself legally as ILX in his letter to cafepress.

hstencil (hstencil), Thursday, 24 June 2004 04:16 (nineteen years ago) link

as elvis t sorta stated (far) above, the thing abt all this that gets in my craw is that the half-dozen threads in the book aren't among the even top 100 worth saving for posterity on acid-free paper.

g--ff (gcannon), Thursday, 24 June 2004 04:22 (nineteen years ago) link

Milo are you a lawyer or something? When a lay person talks about "setting a precedent," you can sort of assume they mean "We should react this way now, so that people will expect the same reaction in future similar incidents." Like, I dunno, "We should take a stance against reprinting now, so that posters won't get the idea it's fine to go reprinting shit without permission."

I swear to God I'm letting this one go now, I'm turning into annoying 2002-nabisco.

nabiscothingy, Thursday, 24 June 2004 04:24 (nineteen years ago) link

How can the influence (moreso than anyone else) events not under their control? How do the mods stop someone from going to da Capo?

And yes, Andrew could refer to himself as ILX - but ILX doesn't have standing to actually complain, because ILX didn't have its copyrights violated, individuals did.

And no, I'm not. But precedent has a fairly strict meaning to me, especially in a rhetorical context and referring to copyright issues.

miloauckerman (miloauckerman), Thursday, 24 June 2004 04:26 (nineteen years ago) link

How can the influence (moreso than anyone else) events not under their control?

ever hear of behavioral influence?

How do the mods stop someone from going to da Capo?

They don't. Da Capo's lawyers advise da Capo to get permission and promise payment. Then da Capo's accounts payable people screw ILXors from here to infinity.

And yes, Andrew could refer to himself as ILX - but ILX doesn't have standing to actually complain, because ILX didn't have its copyrights violated, individuals did.

Andrew had his copyright violated by both his posts being included and things being taken from his server without his permission (I don't believe the image linking thing would apply here as it's basically impossible - as far as I can tell - to prevent text theft in a technical webmaster-y way, obv. claiming copyright is non-technical).

Clearly milo's not a lawyer. I'm not one either, but just a cursory glance at current copyright laws (jumbled and misguided as they are) makes this stuff seem pretty obvious, at least to me.

hstencil (hstencil), Thursday, 24 June 2004 04:32 (nineteen years ago) link

Milo, could the individual copyright owners not sue the infringers of their copyright? Wouldn't that make a clean-cut class-action civil case? I can't imagine how somebody could argue these posts are in the public domain when it is stated clearly on this site that they are, in fact, not.

Andrew (enneff), Thursday, 24 June 2004 04:35 (nineteen years ago) link

I wonder how differently people would react if instead of the book, someone went through the "what do you look like?" threads and compiled a "Babes Of ILX" calendar and sold it through CafePress.

Bottom line: I do believe the current ILX copyright notice needs to be expanded on.

Elvis Telecom (Chris Barrus), Thursday, 24 June 2004 04:38 (nineteen years ago) link

Surely a server owner doesn't own everything on their servers? Do they? (I don't honestly have any idea, that just sounds unlikely. I can imagine all sorts of unscrupulous server owners doing all sorts of unscrupulous things under those circumstances.)

spittle (spittle), Thursday, 24 June 2004 04:38 (nineteen years ago) link

(like, if you assume the server owner has the right to block publication of material drawn from the servers, then wouldn't he also have the right to publish it as his own?)

spittle (spittle), Thursday, 24 June 2004 04:39 (nineteen years ago) link

But Milo, nabisco has stated several times the exact way in which he is using the word "precedent". Yes, it usually is used in a very specific, legal manner but he's told you "no, I mean *this*" and you just stick your fingers in your ear.

oops (Oops), Thursday, 24 June 2004 04:39 (nineteen years ago) link

xpost to spittle - I dunno, but to take an example I'd assume that a server owner would be liable for, say, kidd!3 pr0n images hosted there illegaly by a haxxx0r.

hstencil (hstencil), Thursday, 24 June 2004 04:40 (nineteen years ago) link

like, if you assume the server owner has the right to block publication of material drawn from the servers, then wouldn't he also have the right to publish it as his own?

maybe only if the site doesn't already have policies (or precedents, if you will) that copyrights belong to individual posters, as ILX does.

hstencil (hstencil), Thursday, 24 June 2004 04:40 (nineteen years ago) link

I wonder how differently people would react if instead of the book, someone went through the "what do you look like?" threads and compiled a "Babes Of ILX" calendar and sold it through CafePress.

Anyone who posts a photo of themselves should be aware of the consequences, even moreso than their written posts. I know I thought about it before posting mine.

oops (Oops), Thursday, 24 June 2004 04:42 (nineteen years ago) link

didn't someone post pics or links of pics of their penis on ILX?

hstencil (hstencil), Thursday, 24 June 2004 04:43 (nineteen years ago) link

But that being the case, then the server owner would have no more standing to object to the publication than any other affected party, right? And if he didn't happen to have some posts included in the designated threads, then he'd have no standing at all, it seems. (I don't have a dog in this fight, not even a small yappy dog, I'm just trying to get my head around the legal implications.)

(x-post)

spittle (spittle), Thursday, 24 June 2004 04:43 (nineteen years ago) link

db did. eagerly.

oops (Oops), Thursday, 24 June 2004 04:44 (nineteen years ago) link

that's right, and I'm letting him stay here tomorrow! Thanks for warning me of the consequences, oops!

hstencil (hstencil), Thursday, 24 June 2004 04:50 (nineteen years ago) link

But that being the case, then the server owner would have no more standing to object to the publication than any other affected party, right? And if he didn't happen to have some posts included in the designated threads, then he'd have no standing at all, it seems. (I don't have a dog in this fight, not even a small yappy dog, I'm just trying to get my head around the legal implications.)

spittle, I don't know the answer to this. There might be some implied copyright or property there, I dunno.

hstencil (hstencil), Thursday, 24 June 2004 04:51 (nineteen years ago) link

ever hear of behavioral influence?
Which is "under their control" and is ILX-related, if you're talking about mod-behavior setting the ILX tone.

Andrew had his copyright violated by both his posts being included and things being taken from his server without his permission (I don't believe the image linking thing would apply here as it's basically impossible - as far as I can tell - to prevent text theft in a technical webmaster-y way, obv. claiming copyright is non-technical).
Right, Andrew had his copyright violated, he had standing to complain (as did others). (I'm using standing in a semi-legal sense - anyone could, of course, write to cafepress and inform them of a copyright violation, but the only people who could actually take Mark/daCapo/cafepress to court would be the violated) Andrew wouldn't have standing as the Owner/Wizard of ILX.

He didn't have anything taken "from his servers" from the impression I got - the book was a collection of posts owned by individuals, without any ILX-owned material (which would be the FAQ and other information, I guess?). The posts are hosted on ILX's server, but ILX's guidelines forfeit any copyright claims.

(if C@llum posts one of his things and a moderator edits it - who owns the copyright to that post?)

Milo, could the individual copyright owners not sue the infringers of their copyright? Wouldn't that make a clean-cut class-action civil case? I can't imagine how somebody could argue these posts are in the public domain when it is stated clearly on this site that they are, in fact, not.
Absolutely, individuals could sue, so long as they were violated.

(The more I think about it, the more curious I am about the nature of posts to an Internet forum. Are they assumed by the courts to be similar to speaking in public, where anyone could quote you? Or are they treated as written articles? Has a court ever ruled on a case like the "selected conversations" idea?)

miloauckerman (miloauckerman), Thursday, 24 June 2004 04:53 (nineteen years ago) link

"The more I think about it, the more curious I am about the nature of posts to an Internet forum." - this is the most pitiful and depressing sentence I've ever written.

miloauckerman (miloauckerman), Thursday, 24 June 2004 04:57 (nineteen years ago) link

--------------(if C@llum posts one of his things and a moderator edits it - who owns the copyright to that post?)

I've wondered about this myself

Andrew Blood Thames (Andrew Thames), Thursday, 24 June 2004 05:01 (nineteen years ago) link

I'm pretty sure fair use applies to Internet forums, blogs, and any other publicly accessible online venues -- i.e., you can be quoted, within limits and with proper attribution, by more or less anybody. I certainly see blogs and message boards referenced and quoted all the time in print media. I don't know where the limits of that are, and it's possible they haven't been set yet. For example, if Entertainment Weekly started running a "Best of ILX" column in every issue, randomly selecting and quoting posts but never paying for any of it, that might cross whatever line there is. On the other hand, Entertainment Weekly does run a weekly column of one-liners from TV talk shows, which I'm sure they don't pay for, and if they're not compensating Letterman, why would they compensate some ILXer? What if they broadened their hypothetical column to a "Best of the Boards" column that just happened to always include one or two ILX posts? Would those individual posters who happened to be quoted have any grounds to demand compensation just because of whatever it says in the ILX copyright policy? Mmmmaybe. But I wouldn't try to argue the case against the Time Warner legeal team.

spittle (spittle), Thursday, 24 June 2004 05:03 (nineteen years ago) link

(or LEGAL team, either)

spittle (spittle), Thursday, 24 June 2004 05:04 (nineteen years ago) link

ok, i am drunk so i didnt read the entire thread, but i am still absolutely surprised by the absolute over-sensitivity.

do i need copyright permission to fuckiong quote someone on a thread? i mean, for fucks sake.

just calm down. no one is buying this shitty book. cafepress wont make money. this is no different from me printing copies for myself and handing them out to friends.

no one is going to put lawsuits up... or no one should because it is a complete waste of motherfucking time.

christ. this is making me angry. just fucking chill out.

i still agree with trayce, milo and tep fwiw.

i hate you all for making me read this rubbish.

die.

todd swiss (eliti), Thursday, 24 June 2004 05:04 (nineteen years ago) link

quotes are different from wholesale copying, though.

hstencil (hstencil), Thursday, 24 June 2004 05:05 (nineteen years ago) link

Mandee OTM

Andrew Blood Thames (Andrew Thames), Thursday, 24 June 2004 05:07 (nineteen years ago) link

quotes are different from wholesale copying, though.

Right, at least that's what the fair use doctrine says. But in a case like this, where the individual posts are, theoretically, all owned by the individual posters, then each post constitutes a separate document, constituting a "whole" unto itself, so that a quote of a single post is actually the same as wholesale copying. Except that I can't imagine that argument flying in a legal setting -- it would be like CBS alleging that every pixel of every image in every frame of a broadcast constituted a separate document.

spittle (spittle), Thursday, 24 June 2004 05:09 (nineteen years ago) link

Anyway, I'm talking out my ass. I just think it's interesting. (The arguments, not my ass.)

spittle (spittle), Thursday, 24 June 2004 05:11 (nineteen years ago) link

spittle otm maybe.

seriously. everyone just calm the fuck down.

its a motherfucking internet message board. its supposed to be fun.

once again. die.

todd swiss (eliti), Thursday, 24 June 2004 05:16 (nineteen years ago) link

When moderators edit users' posts it tends to be simply removal of text, and perhaps the addition of explanatory text, eg "(stop being a fucknut -Andrew)". I don't think there's any ambiguity of ownership there.

Andrew (enneff), Thursday, 24 June 2004 05:17 (nineteen years ago) link

todd, take a collection out - then everyone will think you're funny!

hstencil (hstencil), Thursday, 24 June 2004 05:20 (nineteen years ago) link

ha ha ha

todd swiss (eliti), Thursday, 24 June 2004 05:24 (nineteen years ago) link

you'd have to get a lot of cash to go killing ILXors around the globe, tho.

hstencil (hstencil), Thursday, 24 June 2004 05:25 (nineteen years ago) link

i dont want to kill anyone, i just want you all to die.

todd swiss (eliti), Thursday, 24 June 2004 05:27 (nineteen years ago) link

patience, my friend, patience.

oops (Oops), Thursday, 24 June 2004 05:28 (nineteen years ago) link

xpost well we're not going to die without a little help.

hstencil (hstencil), Thursday, 24 June 2004 05:29 (nineteen years ago) link

i guess i would be satisfied if everyone just stopped being such a fuckface and let this thing die on its own.

wouldnt that be nice?

todd swiss (eliti), Thursday, 24 June 2004 05:31 (nineteen years ago) link

no offense but calling anybody a fuckface ain't an effective way to get anybody to do anything.

hstencil (hstencil), Thursday, 24 June 2004 05:32 (nineteen years ago) link

that fuckface hstencil is right

oops (Oops), Thursday, 24 June 2004 05:35 (nineteen years ago) link

";)"

oops (Oops), Thursday, 24 June 2004 05:36 (nineteen years ago) link


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