and then
posted by max on January 11, 2006 at 10:50:23 PM
412 sites deleted.
lohanfacial officially inducted into the hall of fame.
I'm working on a "legal" area of the site with copyright information and DMCA takedown forms you guys can use if anything like this ever comes up in the future.
I get the feeling it will.
lohanfacial officially inducted into the hall of fame.
I'm working on a "legal" area of the site with copyright information and DMCA takedown forms you guys can use if anything like this ever comes up in the future.
I get the feeling it will.
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Who's to say the ebaums rip wasn't parody? I mean, it clearly wasn't because they're too dumb to get satire, but the very notion of claiming intellectual property of them when it's assembled of pictures whose individual copyrights weren't cleared? It's retarded. Do you really think the site owner got the go-ahead from Rolling Stone to use any of the images from their shoot of Lohan? Trying to prevent the free exchange of ideas is a stupid, slippery slope.
^^inkdrinker's got a point. Check this out: a YTMND creator might be able to argue that a combination of image(s) and sound qualifies as "computer software", which would be (c) protected - and as long as the appropriate statutory or negotiated royalties were paid for the sources, he could take, oh, let's say, ebaum to court.
Actually, I'm saying it opens the door to people who have legitmate copyright claims. Like the people we steal from. If you argue that the IMAGE to lohanfacial is copyrighted material (not just the entire page, because all that was stolen was the image,) then the people hold the copyrights to all the shots stolen to make it SURELY have a case. This is why I was saying the war against ebaums is a terrible idea. I'm all for wiping out the site, but because it's stupid and boring and full of douchebags. Not over some easily-backfired copyright arguments. Why max wants to make YTMNDs explicit and implicit stances on copyright the exact opposite of one another is beyond me.
OK, I've stayed out of this long enough. I mean pictures have become a ground for a lawsuit or any litigation? The phone calls? Yes. The threats? Way over the line, but yes. But the pictures at the offices? Come on!! We should fight the good fight and not resort to anything hasty, but they want to sue over pictures? That is bad! These guys at Ebaum's should just get a life, leave the rest of us alone, and come up with some sort of coherent thought of their own. Ripping off ytmnd.com is lunancy enough, but they took it to a completely other level by launching pending litigation. This just plain sucks!!
From an ethical standpoint: YTMND is rap. It (sometimes) takes elements of another source and reworks it into something new. The ebaum site is the equivalent of Vanilla Ice taking an Eminem album, writing his name on the cover, and releasing it. From a "proper" standpoint: YTMND (and NG, SA, et al) are almost always parody. Ebaum steals those parodies and passes them off as its own. Now stop arguing about this immediately, you 'tards.
What I cannot understand from those letters from Neil Bauman is that he seems to think that Max can be held liable for any damages - physical or otherwise - that supposedly are inflicted upon him or his "personnel". This judgement itself is flawed, for no-one other than the "incriminator" can be held liable. In other words, if I went to Nei Baumans residence and waved a large banner displaying various profanities and threats to Neil, then this cannotbe held against Max. Just because Max is the "owner" of YTMND.com, which contained content apparently of a threatening behaviour, does not have any direct input from Max. For example, if I was to run onto a News Report screaming that Neil or Eric Bauman were homosexually involved, you could not say it was the TV Station's doings.
I guess what I'm trying to say is that Neil or Eric do not have a foot to stand on.