BW

Author : legaleagle (IP: 24.29.89.151 , cpe-24-29-89-151.nycap.res.rr.com)
Author : junkie (IP: 24.29.89.151 , cpe-24-29-89-151.nycap.res.rr.com)
Author: daydreamer (IP: 24.29.89.151 , cpe-24-29-89-151.nycap.res.rr.com)
Author: Get a life (IP: 24.29.89.151 , 24.29.89.151)

[also note: "nycap.res.rr.com" is the Verizon Roadrunner phone service in the Capital Region and North Country of New York State.  Indeed, an email from June Maxam to David Giacalone, dated Oct. 25, 2006, using her editor's email account at North Country Gazette says "Received: from [24.29.89.151]“.  That cpe identification number sure does get around.]

Whether or not you are LegalEagle, a quick look at the lenthy, shrill and highly critical Comments left here by that person should convince other readers that no censorship of Comments opposing myself is going on, despite my clear right to do so. I have not removed any comments that were already posted. I have, however, refused to print some Comments (or portions of them) that I believed were ad hominem attacks on Ms. Maxam. Also, having told LegalEagle above that I might not accept further Comments from “her”, if they did not include useful information, I did not approve a Comment by LegalEagle yesterday that said, in total, “It’s about time you shut your mouth.” (LegalEagle’s Comment coincidentally came in yesterday just a couple minutes after this website had a hit from the northcountrygazette.org domain.)

On the substantive parts of your Comment, please note: (1) there has been only one erroneous statement by me about NCG, and I immediately corrected that statement when I learned I was incorrect, making my correction on the Main Page of this weblog and informing other webloggers, although the claim had been made only in Comments, where it had very few viewers. (2) The “firestorm” is not about my erroneous factual claim (which came after the main wave of interest around the internet, and after Ms. Maxam accused me of defamation and harassment); it is about the incontrovertible position that NCG is using a copyright warning, “Fair Use is not applicable,” which is incorrect as a matter of law.

It has been difficult for me to know how to deal with the uncivil comments left at this weblog. We have not had such Comments before, as our audience up until this week has been coming here to find out information on self-help law. It was a total surprise to me that the Fair Use topic reached an audience outside of “blawgers,” librarians, and pro se practitioners, or the occasional visitor seeking self-help law guidance.

Of course, Ms. Maxam accused me of defamation and harassment, and threatened me with legal action and reporting to the authorities, before, I made that unintentional factual error. I have never encouraged others to attack her or injure NCG. When I wrote on this subject on Monday, I merely pointed out that NCG was using an incorrect statement about Fair Use, and supplied readers with resources to use to understand the law and their rights better. The response of other webloggers and their readers shows that they value their Free Speech and Fair Use rights.  I cannot control their tone, but have often decried uncivlized (usually juvenile) tauns and insults.  At this weblog and my original one, I have tried to keep things civil.  It wasn’t until this topic that other people — you’ll have to decide who — turned things nasty here.

I don’t expect anyone to “bow down” to me. I do expect a “legal reform” newspaper to make a good faith effort to state the law correctly, when the constituional and legislative rights of its readers are at stake.

I don’t know if you are in fact Ms. Maxam hereself. I have allowed your Comments so far, but may continue to do so only if you add useful information. For myself, I hope not to have to say more on this topic in public.

[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 assume that you knew the original source of the story in question when you left your Comment last night, and I am sorry that you treated this like a gotcha game, instead of helping me to have and use the correct information. When I approached the Editor of NCG last weekend it was with one simple purpose: to ask that she remove the 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.

I have complained about the Copyright Notice/Warning that NCG puts at the end of its articles and commentary, because it includes the statement “Fair Use is not applicable.” I have also complained about the notice in the SideBar with its “In accordance with Fair Use” terminology. The general copyright notice/warning in the footer of the Home Page has indeed never contained the words that I have complained about, which is precisely why none of my writings has said that it did or does. An hour before your Comment appeared here, I wrote the Comment just above yours stating: “The copyright notice at the bottom of NCG does seem to be shorter today, but it has never contained the “Fair Use is not applicable” error.”

Yes, I have been to NCG before.  For example, it was mentioned at my other legal weblog on Oct. 30, 2005 and December 8, 2005.  It was discussed in a posting at this weblog on Sept. 26, 2006. I only decided to write to the editor of NCG when I noticed last week that she had printed a NYS Courts press release verbatim, failed to give it any attribution, and then still put the warning claiming copyright to the article and denying that Fair Use is applicable.  At that point, I wrote to the Editor pointing out that the statute specifically gives Fair Use rights on all copyrighted materials.  It was only her rude and threatening response that made me decide to write about the issue here at this weblog — in a posting that primarily informs the public about copyright and fair use resources. 

[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.] 

p.s.  My reputation for honesty and fair play is very important to me, which is why I have bothered to waste far too much time this evening responding to your baseless claims and accusations.  And, by the way, I have never left an anonymous Comment at any website in my life, and never will.   You can always find out who wrote and stands behind every word that I put on my weblogs or at someone else’s.  And the email address that I give is always a valid one.

Hmmm…a check to the site now shows this notice:

“COPYRIGHT 2006 – NORTH COUNTRY GAZETTE
ALL RIGHTS RESERVED – NO UNAUTHORIZED REPRODUCTION”

I got news for you, that has ALWAYS been there.

but it has never contained the “Fair Use is not applicable”

That’s not true either. Have you ever read this site before you started ragging on it a couple of days ago?