bq. the music has to be 100% original as covers are 'illegal'.
That's only if the performer hasn't licensed the cover on their own. They guy from One Man Star Wars
The DMCA doesn't restrict speech. Your contract with your ISP that you enter in gives the ISP the right to take it down. You've waived your right by signing your contract (in the same that NDAs work). The gov't is not forcing the ISP to take it down, so there is no free speech issue here.
The rest of the DMCA is absolute rubbish, but not the take down provision.
The takedown doesn't provide for any punishment whatsoever. An ISP is free to ignore the takedown notice, but they lose their safe haven against liability if they ignore it and it turns out to be illegal. You are free to choose an ISP that won't preemptively drop your site. She happened to choose an ISP that handles take downs in the manner illustrated in the article.
Candice Schwager stupidly choose an ISP that shuts down sites and then she stupidly took the fight to the internet. epic fail.
It's ok to copy movies and TV shows. You just need to threaten the RIAA and MPAA with lawsuits if they issue you a DMCA takedown. It completely works. Candice told me so.
I was under the impression that affixing that image to media grants a copyright to the photographer. Does it matter that it is "just" the skyline? Does it only qualify as art if "therealgrogan" says so?
bq. Schwager had no idea who it belonged to or the license behind it.
So the only course of action was to use it?? How entitled sounding is you comment? A normal person would see that since you can't find the owner of the copyright don't fucking use it.
The takedown provision is the absolutely only good thing about the DMCA. I still hate the DMCA, but the take down provisions aren't that bad.
Treasure hunt! Try to find another photo she has that is infringing and get the owner of the copyright to submit another DMCA takedown!
Someone hot linked some photos in a forum board post, so I moved my photo and downloaded a picture of "tubgirl instead". Every single person that when to that forum topic got a big ol' picture of tub girl.
Shouldn't she be angry with GoDaddy or even herself for being stupid about it?
Contacting people on the internet NEVER works. It is a HUGE waste of time. The DMCA move is the proper way to do it. Be pissed at the ISPs if you want to be mad at someone. Or better yet the infringing person. It's not like he was suing the infringing person over using it. Get some perspective.
People were using his photo on commercial websites. What is the problem?
What private details? You mean like public wifi ssids?
I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"