case: ([ Mori; ...? ])
Case ([personal profile] case) wrote in [community profile] fandomsecrets2008-04-07 11:56 pm

(no subject)

"Dear LiveJournal user technophile,

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/fandomsecrets/141092.html violates the copyright of another person. As such, we must request that you remove that entry in its entirety as soon as possible, but no later than 0:01 AM EDT, Apr 11, 2008, to avoid further action against your account.

If you feel that this report is in error and that your use of the material is allowed under copyright law, you are entitled to file a counter-notification, also under the provisions of US law; please contact us for information on how to do this. Filing a counter-notification indicates that you are willing to defend yourself in a court of law against a claim of copyright infringement.

Regards,
Douglas
LiveJournal Abuse Prevention Team"


So. Thoughts? Comply Y/N? Personally I think "hey, mind removing this secret for copyright reasons?" would've worked far better, but that's just me.

ETA:

Is there any way you could tell me which is the offending picture? If it's possible to just remove the one picture (or multiple pictures) that was reported as copyright infringement instead of the whole entry, that would be great.

Thanks,
Case


ETA 2:

Dear LiveJournal user technophile,

Thank you for your inquiry. However, once a work is reported as a copyright infringement (in our case, a LiveJournal entry or comment), US federal law requires us to remove the entire work from our servers. The law does not give us the ability to allow the removal of part of a work and then declare that it is no longer in violation of another person's copyright, as it we do not have the legal authority to determine whether a violation has occurred.

Unfortunately, as a result, we have to require the elimination of the entire entry in order to ensure that we comply fully with US law.

Regards,
Douglas
LiveJournal Abuse Prevention Team


Sorry, the thing is this is a case kind of like with LJSecret (a community where mods post anonymously made and submitted secrets created by watchers of the community i.e. we don't create the images ourselves). The post in question contains a lot of images, any of which could be the one reported as infringing on copyright. I have no problems with deleting the entire post, but in order to make sure we don't do this again, we'd have to know which one was the offending image and how. Is there any way you could give me more information on that?

Thanks again,
Case

ETA3:

Dear LiveJournal user technophile,

Our privacy policy ensures that all requests made to the Abuse Team are confidential in nature. Because of this, we cannot disclose who contacted us or the content of their complaint. Please be assured that their notification was verified as complete and accurate before we took the step of contacting you.

The safest way to ensure this does not occur again in the future is to avoid copying any material which you do not have explicit written permission to copy. This includes, but is not limited to: screenshots of web pages, including the journals of other users, text or images from other web sites, and scanned images from magazines or other publications. Generally, these are all protected by copyright law, and if we receive a report that they have been copied without permission, we are required under US law to remove them from our servers as soon as possible.

Regards,
Douglas
LiveJournal Abuse Prevention Team

So I guess if anyone wants to save the epic post:



fdjhfjh

[identity profile] powercorrupts.livejournal.com 2008-04-08 04:27 am (UTC)(link)
I'd think that's the most likely. Iirc from past dealings with LJ Abuse, it's very difficult to get copyright infringement through them unless you can prove that you hold the copyright. Fanart would probably be the easiest thing to get through LJ Abuse, so that's what my money's on.

[identity profile] mythicbeast.livejournal.com 2008-04-08 04:44 am (UTC)(link)
Right. Also, it's incredibly unlikely a large company would ask for a single post to be pulled down when, well, they have a million other entire sites devoted to it that they could be turning their attention to.

So most likely it's a fanartist who didn't appreciate seeing their work used without permission (or didn't like the secret) who took the time to actually tell LJ so. I know fanart's been used for secrets before, but the artist probably took exception to this.

[identity profile] powercorrupts.livejournal.com 2008-04-08 04:48 am (UTC)(link)
That's my thought. It seems really unlikely to me as well, since a big company would probably have an easier time finding copyright violations on fansites than fs, since there isn't searchable text for a lot of the secrets that would tie it to them. It just seems like of all the fishes to fry, fs isn't near anything that would get the attention of some large copyright holder.

I'm betting it's an insulting secret (66 comes to mind, but there could be another one on there that I saw but didn't see), and an artist who doesn't easily roll with those sort of punches. And it's petty to take this to LJ Abuse, maybe, but I'm more surprised it hasn't happened before, given the sort of artist insults I see sometimes on fs.

[identity profile] mythicbeast.livejournal.com 2008-04-08 05:15 am (UTC)(link)
Definitely. If copyright violation itself is the issue, then fs should have been shut down from the word go. Still, I guess it'll be interesting to see if this changes anything in the trend of secrets to come... though I doubt it. It always made sense to me to not use fan-images anyway, unless it's of the 'This kind of art seriously bothers me' variety.

...Also, that icon is fantastic and I spent about three minutes laughing at it.

[identity profile] powercorrupts.livejournal.com 2008-04-08 05:22 am (UTC)(link)
I doubt LJ will keep an eye on FS to make sure that it's minding it's manners, but it might encourage people to go cry to LJ Abuse the next time someone insults them.

It's from a Threadless (http://www.threadless.com) t-shirt, if I recall correctly. It just kills me every time, I absolutely love it.