RE: Fwd: Serious breach of copyright -- First post

2006-06-20 Thread Ted Mittelstaedt

David,

  I am a published author many times over with more commercial
copyrights on material than I believe you will ever have, and I
know much of copyright law, as any author does.

  I am requesting that you kindly blow this out your ass.

  In any infringement case it is the responsibility of the
copyright holder to take infringement action against the infringer.
It is not your responsibility as wannabe gadfly to attempt to
insert yourself into this.  This is between the author - which
you have identified as Brett - and the infringer - which you
have identified as houfug.org.  Not yourself - unless you are
indentifying yourself as copyright holder or infringer.

  As the other poster said this has nothing to do with the list
and you need to drop it.  I am sure Brett is thankful that you
have identified an infringement against his copyright.  Once you
have done so it is time for you to step aside and let Brett decide
what he wants to do about it.  If Brett does not take the kind of action
against the infringer that you wish, and the infringer does not
respond in a fashion you wish, then that is too bad and
you may kindly butt out.

Ted

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of David Hoffman
Sent: Sunday, June 18, 2006 6:21 PM
To: freebsd-questions@freebsd.org
Subject: Fwd: Fwd: Serious breach of copyright -- First post


-- Forwarded message --
From: David Hoffman [EMAIL PROTECTED]
Date: Jun 18, 2006 9:19 PM
Subject: Re: Fwd: Serious breach of copyright -- First post
To: Dennis Olvany [EMAIL PROTECTED]
Cc: freebsd-chat@freebsd.org, freebsd-questions@freebsd.org,
[EMAIL PROTECTED], thisdayislong
[EMAIL PROTECTED],
[EMAIL PROTECTED]

On 6/18/06, Dennis Olvany [EMAIL PROTECTED] wrote:

 I had a look at
http://www.houfug.org/help/install_freebsd.htm and I am
 afraid that you will find this article is not eligible for
copyright. It
 constitutes neither an artistic nor literary work. The article conveys
 only facts and facts are not eligible for copyright.



I'm afraid you're incorrect.  The work in question is indeed
copyrightable
under the Berne Convention, which many countries have ratified,
including
the United States, where the content is hosted.  The United
States, as well
as many other countries, also have national laws which allow
this work to be
copyrighted.

It's also important to note that HouFUG clearly believes the work can be
copyrighted, since they have included a copyright notice on the
page.  This
implies tremendous bad faith:  regardless of whether or not the
article is
copyrightable (it is), they have removed any reference to the
true owner and
have claimed it as their own.

This is not acceptable behaviour.
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Re: Fwd: Serious breach of copyright -- First post

2006-06-19 Thread Dag-Erling Smørgrav
Dennis Olvany [EMAIL PROTECTED] writes:
 I had a look at http://www.houfug.org/help/install_freebsd.htm and I am
 afraid that you will find this article is not eligible for copyright. It
 constitutes neither an artistic nor literary work. The article conveys
 only facts and facts are not eligible for copyright.

You're on to something, but you didn't quite get it right.  Copyright
law does not care about artistic or literary qualities; and while
plain facts are not copyrightable, as you point out, their expression
certainly is.

A Haynes workshop manual, for instance, is neither art nor literature,
and it is full of facts, but it is definitely copyrightable.  I can
put up a web page describing how to change the starter motor on my
brother's Citroën CX (bitch of a job, I'll have you know), but I have
to use my own words and photos, not those from my brother's Haynes
manual.

DES
-- 
Dag-Erling Smørgrav - [EMAIL PROTECTED]
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Fwd: Serious breach of copyright -- First post

2006-06-18 Thread David Hoffman

-- Forwarded message --
From: David Hoffman [EMAIL PROTECTED]
Date: Jun 18, 2006 8:38 PM
Subject: Re: Serious breach of copyright -- First post
To: Brett [EMAIL PROTECTED]

I think a formal apology should be issued by the infringers.

Hasn't this gone on long enough?


On 6/18/06, Brett  [EMAIL PROTECTED] wrote:


Hello,

I have not received a response in regards to this article, and it
still does not hold the proper references.  I have posted a DMCA
takedown notice, which is available for viewing at
http://arbornet.org/~soup/dmca.htmlhttp://arbornet.org/%7Esoup/dmca.html. I 
urge the webmaster of the
infringing site to add the copyright references as soon as possible.

Thank you.

Bonjour à tous,
Je n'ai pas encore reçu de réponse au sujet de cet article, qui ne
porte pas ses réferences éxigées.  J'ai affiché un DMCA takedown
notice (en anglais seulement) sur mon site, que l'on peut voir au
http://arbornet.org/~soup/dmca.htmlhttp://arbornet.org/%7Esoup/dmca.html. Je 
demande cordialement au
webmaître du site non-autorisé d'ajouter les références éxigées dans
les plus brefs délais.

Merci.


On 6/18/06, David Hoffman [EMAIL PROTECTED] wrote:
  It appears the page at
 http://www.houfug.org/help/install_freebsd.htm constitutes
 a serious breach of copyright.  The article, which was originally
written
 and posted to the Internet by the owner of the account [EMAIL PROTECTED],
is
 falsely attributed to the Houston FUG, whose members maliciously removed
all
 reference to its original creator.  On a related note, the FUG seems to
be
 part of an organized group to convince all States to adopt English as an

 official language, a bigoted and misguided policy.

 Plagiarism should not be tolerated.

 Thanks.



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Re: Fwd: Serious breach of copyright -- First post

2006-06-18 Thread Joe Holden
David Hoffman wrote:
 -- Forwarded message --
 From: David Hoffman [EMAIL PROTECTED]
 Date: Jun 18, 2006 8:38 PM
 Subject: Re: Serious breach of copyright -- First post
 To: Brett [EMAIL PROTECTED]

 I think a formal apology should be issued by the infringers.

 Hasn't this gone on long enough?


 On 6/18/06, Brett  [EMAIL PROTECTED] wrote:

 Hello,

 I have not received a response in regards to this article, and it
 still does not hold the proper references.  I have posted a DMCA
 takedown notice, which is available for viewing at
 http://arbornet.org/~soup/dmca.htmlhttp://arbornet.org/%7Esoup/dmca.html.
 I urge the webmaster of the
 infringing site to add the copyright references as soon as possible.

 Thank you.

 Bonjour à tous,
 Je n'ai pas encore reçu de réponse au sujet de cet article, qui ne
 porte pas ses réferences éxigées.  J'ai affiché un DMCA takedown
 notice (en anglais seulement) sur mon site, que l'on peut voir au
 http://arbornet.org/~soup/dmca.htmlhttp://arbornet.org/%7Esoup/dmca.html.
 Je demande cordialement au
 webmaître du site non-autorisé d'ajouter les références éxigées dans
 les plus brefs délais.

 Merci.


 On 6/18/06, David Hoffman [EMAIL PROTECTED] wrote:
   It appears the page at
  http://www.houfug.org/help/install_freebsd.htm constitutes
  a serious breach of copyright.  The article, which was originally
 written
  and posted to the Internet by the owner of the account
 [EMAIL PROTECTED],
 is
  falsely attributed to the Houston FUG, whose members maliciously
 removed
 all
  reference to its original creator.  On a related note, the FUG
 seems to
 be
  part of an organized group to convince all States to adopt English
 as an

  official language, a bigoted and misguided policy.
 
  Plagiarism should not be tolerated.
 
  Thanks.
 

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Sorry if im being naive, but what does this have to do with the official
FreeBSD project? and even more so, these lists?

Ta,
Joe



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Fwd: Fwd: Serious breach of copyright -- First post

2006-06-18 Thread David Hoffman

-- Forwarded message --
From: David Hoffman [EMAIL PROTECTED]
Date: Jun 18, 2006 9:19 PM
Subject: Re: Fwd: Serious breach of copyright -- First post
To: Dennis Olvany [EMAIL PROTECTED]
Cc: freebsd-chat@freebsd.org, freebsd-questions@freebsd.org,
[EMAIL PROTECTED], thisdayislong [EMAIL PROTECTED],
[EMAIL PROTECTED]

On 6/18/06, Dennis Olvany [EMAIL PROTECTED] wrote:


I had a look at http://www.houfug.org/help/install_freebsd.htm and I am
afraid that you will find this article is not eligible for copyright. It
constitutes neither an artistic nor literary work. The article conveys
only facts and facts are not eligible for copyright.




I'm afraid you're incorrect.  The work in question is indeed copyrightable
under the Berne Convention, which many countries have ratified, including
the United States, where the content is hosted.  The United States, as well
as many other countries, also have national laws which allow this work to be
copyrighted.

It's also important to note that HouFUG clearly believes the work can be
copyrighted, since they have included a copyright notice on the page.  This
implies tremendous bad faith:  regardless of whether or not the article is
copyrightable (it is), they have removed any reference to the true owner and
have claimed it as their own.

This is not acceptable behaviour.
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Re: Fwd: Fwd: Serious breach of copyright -- First post

2006-06-18 Thread Dennis Olvany

...facts are not eligible for copyright.



I'm afraid you're incorrect.  The work in question is indeed copyrightable
under the Berne Convention, which many countries have ratified, including
the United States, where the content is hosted.  The United States, as well
as many other countries, also have national laws which allow this work 
to be

copyrighted.


At best, the article may be considered a derivative work of the 
described software/hardware and therefore the intellectual property of 
the respective manufacturers.

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