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	<title>Comments on: spread the news: kvetchin&#8217; &amp; kvellin&#8217;</title>
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	<link>http://blogs.law.harvard.edu/shlep/2006/09/26/spread-the-news-kvetchin-kvellin/</link>
	<description>news, views and info on self-help law and pro se litigation</description>
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		<title>By: shlep: the Self-Help Law ExPress &#187; Blog Archive &#187; defamation self-help (for myself, too)</title>
		<link>http://blogs.law.harvard.edu/shlep/2006/09/26/spread-the-news-kvetchin-kvellin/comment-page-1/#comment-140</link>
		<dc:creator>shlep: the Self-Help Law ExPress &#187; Blog Archive &#187; defamation self-help (for myself, too)</dc:creator>
		<pubDate>Fri, 27 Oct 2006 14:17:37 +0000</pubDate>
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		<description>[...]  Update &amp; Correction (Oct. 27, 2006):  I have learned this morning that, a day after I was accused of defamation by the Editor of North Country Gazette, I made an erroneous statement about NCG in a Comment to a prior post: After comparing the text of the two articles, I mistakenly said that NCG had taken another newspaper&#8217;s story without attribution.  Here is the Correction notice that I have placed in the Comments to that post:  CORRECTION (Oct. 27, 2006): Yesterday evening, I erroneously stated in this Comment that NCG had copied from this article in the Westchester News, when it wrote this story -- showing that at least five sentences from the NCG article were identical to the sentences in the Westchester.com article.   It has been brought to my attention that the source of the NCG article was this release from the Westchester County District Attorney.  I apologize for my error.  Clearly, NCG did not take the information from Westchester.com.   If NCG had attributed its story and facts to the Westchester DA’s press release, my mistake would not have occurred.  My main point remains, however, that NCG was claiming exclusive rights to use materials that the public has every right to reproduce, when it placed the statement “This material may not be published, broadcast, rewritten or redistributed by anyone without the express written permission of the publisher. This article is copyright protected and Fair Use is not applicable” at the end of the article.  I have never had an &#8220;axe to grind&#8221; with NCG.   In Oct. 30, 2005 and December 8, 2005, I had pointed to NCG articles as new sources at my other legal weblog and, on September 26, 2006, had discussed one of its editorials in a posting at this weblog.  When I approached the Editor of NCG last week, it was with one simple purpose: to ask that she remove the incorrect clause “Fair Use is not applicable” from NCG articles and commentary.  My purpose when I wrote about the topic at this weblog was to get the clause changed and to help the public better understand the Fair Use concept.  That is why I wrote to Ms. Maxam thanking her, as soon as I learned that the clause was removed in the Oct. 24, 2006 articles at her site (and why I was disappointed when she reverted back to useing it the next day.  I apologize to her for the one erroneous claim that I made, which is discussed above.  I apologize to shlep&#8217;s readers and Team for allowing the story to take up so much of this weblog&#8217;s resources this week and for allowing the situation to get muddied by making that one incorrect assertion.  Having said that, I hope the sources supplied below on defamation law will be helpful. [...]</description>
		<content:encoded><![CDATA[<p>[...]  Update &amp; Correction (Oct. 27, 2006):  I have learned this morning that, a day after I was accused of defamation by the Editor of North Country Gazette, I made an erroneous statement about NCG in a Comment to a prior post: After comparing the text of the two articles, I mistakenly said that NCG had taken another newspaper&#8217;s story without attribution.  Here is the Correction notice that I have placed in the Comments to that post:  CORRECTION (Oct. 27, 2006): Yesterday evening, I erroneously stated in this Comment that NCG had copied from this article in the Westchester News, when it wrote this story &#8211; showing that at least five sentences from the NCG article were identical to the sentences in the&nbsp;<a href="http://Westchester.com" title="http://Westchester. " target="_blank">Westchester.com</a> article.   It has been brought to my attention that the source of the NCG article was this release from the Westchester County District Attorney.  I apologize for my error.  Clearly, NCG did not take the information from&nbsp;<a href="http://Westchester.com" title="http://Westchester. " target="_blank">Westchester.com</a>.   If NCG had attributed its story and facts to the Westchester DA’s press release, my mistake would not have occurred.  My main point remains, however, that NCG was claiming exclusive rights to use materials that the public has every right to reproduce, when it placed the statement “This material may not be published, broadcast, rewritten or redistributed by anyone without the express written permission of the publisher. This article is copyright protected and Fair Use is not applicable” at the end of the article.  I have never had an &#8220;axe to grind&#8221; with NCG.   In Oct. 30, 2005 and December 8, 2005, I had pointed to NCG articles as new sources at my other legal weblog and, on September 26, 2006, had discussed one of its editorials in a posting at this weblog.  When I approached the Editor of NCG last week, it was with one simple purpose: to ask that she remove the incorrect clause “Fair Use is not applicable” from NCG articles and commentary.  My purpose when I wrote about the topic at this weblog was to get the clause changed and to help the public better understand the Fair Use concept.  That is why I wrote to Ms. Maxam thanking her, as soon as I learned that the clause was removed in the Oct. 24, 2006 articles at her site (and why I was disappointed when she reverted back to useing it the next day.  I apologize to her for the one erroneous claim that I made, which is discussed above.  I apologize to shlep&#8217;s readers and Team for allowing the story to take up so much of this weblog&#8217;s resources this week and for allowing the situation to get muddied by making that one incorrect assertion.  Having said that, I hope the sources supplied below on defamation law will be helpful. [...]</p>
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