Excelsior the book

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But that being the case, then the server owner would have no more standing to object to the publication than any other affected party, right? And if he didn't happen to have some posts included in the designated threads, then he'd have no standing at all, it seems. (I don't have a dog in this fight, not even a small yappy dog, I'm just trying to get my head around the legal implications.)

spittle, I don't know the answer to this. There might be some implied copyright or property there, I dunno.

hstencil (hstencil), Thursday, 24 June 2004 04:51 (nineteen years ago) link

ever hear of behavioral influence?
Which is "under their control" and is ILX-related, if you're talking about mod-behavior setting the ILX tone.

Andrew had his copyright violated by both his posts being included and things being taken from his server without his permission (I don't believe the image linking thing would apply here as it's basically impossible - as far as I can tell - to prevent text theft in a technical webmaster-y way, obv. claiming copyright is non-technical).
Right, Andrew had his copyright violated, he had standing to complain (as did others). (I'm using standing in a semi-legal sense - anyone could, of course, write to cafepress and inform them of a copyright violation, but the only people who could actually take Mark/daCapo/cafepress to court would be the violated) Andrew wouldn't have standing as the Owner/Wizard of ILX.

He didn't have anything taken "from his servers" from the impression I got - the book was a collection of posts owned by individuals, without any ILX-owned material (which would be the FAQ and other information, I guess?). The posts are hosted on ILX's server, but ILX's guidelines forfeit any copyright claims.

(if C@llum posts one of his things and a moderator edits it - who owns the copyright to that post?)

Milo, could the individual copyright owners not sue the infringers of their copyright? Wouldn't that make a clean-cut class-action civil case? I can't imagine how somebody could argue these posts are in the public domain when it is stated clearly on this site that they are, in fact, not.
Absolutely, individuals could sue, so long as they were violated.

(The more I think about it, the more curious I am about the nature of posts to an Internet forum. Are they assumed by the courts to be similar to speaking in public, where anyone could quote you? Or are they treated as written articles? Has a court ever ruled on a case like the "selected conversations" idea?)

miloauckerman (miloauckerman), Thursday, 24 June 2004 04:53 (nineteen years ago) link

"The more I think about it, the more curious I am about the nature of posts to an Internet forum." - this is the most pitiful and depressing sentence I've ever written.

miloauckerman (miloauckerman), Thursday, 24 June 2004 04:57 (nineteen years ago) link

--------------(if C@llum posts one of his things and a moderator edits it - who owns the copyright to that post?)

I've wondered about this myself

Andrew Blood Thames (Andrew Thames), Thursday, 24 June 2004 05:01 (nineteen years ago) link

I'm pretty sure fair use applies to Internet forums, blogs, and any other publicly accessible online venues -- i.e., you can be quoted, within limits and with proper attribution, by more or less anybody. I certainly see blogs and message boards referenced and quoted all the time in print media. I don't know where the limits of that are, and it's possible they haven't been set yet. For example, if Entertainment Weekly started running a "Best of ILX" column in every issue, randomly selecting and quoting posts but never paying for any of it, that might cross whatever line there is. On the other hand, Entertainment Weekly does run a weekly column of one-liners from TV talk shows, which I'm sure they don't pay for, and if they're not compensating Letterman, why would they compensate some ILXer? What if they broadened their hypothetical column to a "Best of the Boards" column that just happened to always include one or two ILX posts? Would those individual posters who happened to be quoted have any grounds to demand compensation just because of whatever it says in the ILX copyright policy? Mmmmaybe. But I wouldn't try to argue the case against the Time Warner legeal team.

spittle (spittle), Thursday, 24 June 2004 05:03 (nineteen years ago) link

(or LEGAL team, either)

spittle (spittle), Thursday, 24 June 2004 05:04 (nineteen years ago) link

ok, i am drunk so i didnt read the entire thread, but i am still absolutely surprised by the absolute over-sensitivity.

do i need copyright permission to fuckiong quote someone on a thread? i mean, for fucks sake.

just calm down. no one is buying this shitty book. cafepress wont make money. this is no different from me printing copies for myself and handing them out to friends.

no one is going to put lawsuits up... or no one should because it is a complete waste of motherfucking time.

christ. this is making me angry. just fucking chill out.

i still agree with trayce, milo and tep fwiw.

i hate you all for making me read this rubbish.

die.

todd swiss (eliti), Thursday, 24 June 2004 05:04 (nineteen years ago) link

quotes are different from wholesale copying, though.

hstencil (hstencil), Thursday, 24 June 2004 05:05 (nineteen years ago) link

Mandee OTM

Andrew Blood Thames (Andrew Thames), Thursday, 24 June 2004 05:07 (nineteen years ago) link

quotes are different from wholesale copying, though.

Right, at least that's what the fair use doctrine says. But in a case like this, where the individual posts are, theoretically, all owned by the individual posters, then each post constitutes a separate document, constituting a "whole" unto itself, so that a quote of a single post is actually the same as wholesale copying. Except that I can't imagine that argument flying in a legal setting -- it would be like CBS alleging that every pixel of every image in every frame of a broadcast constituted a separate document.

spittle (spittle), Thursday, 24 June 2004 05:09 (nineteen years ago) link

Anyway, I'm talking out my ass. I just think it's interesting. (The arguments, not my ass.)

spittle (spittle), Thursday, 24 June 2004 05:11 (nineteen years ago) link

spittle otm maybe.

seriously. everyone just calm the fuck down.

its a motherfucking internet message board. its supposed to be fun.

once again. die.

todd swiss (eliti), Thursday, 24 June 2004 05:16 (nineteen years ago) link

When moderators edit users' posts it tends to be simply removal of text, and perhaps the addition of explanatory text, eg "(stop being a fucknut -Andrew)". I don't think there's any ambiguity of ownership there.

Andrew (enneff), Thursday, 24 June 2004 05:17 (nineteen years ago) link

todd, take a collection out - then everyone will think you're funny!

hstencil (hstencil), Thursday, 24 June 2004 05:20 (nineteen years ago) link

ha ha ha

todd swiss (eliti), Thursday, 24 June 2004 05:24 (nineteen years ago) link

you'd have to get a lot of cash to go killing ILXors around the globe, tho.

hstencil (hstencil), Thursday, 24 June 2004 05:25 (nineteen years ago) link

i dont want to kill anyone, i just want you all to die.

todd swiss (eliti), Thursday, 24 June 2004 05:27 (nineteen years ago) link

patience, my friend, patience.

oops (Oops), Thursday, 24 June 2004 05:28 (nineteen years ago) link

xpost well we're not going to die without a little help.

hstencil (hstencil), Thursday, 24 June 2004 05:29 (nineteen years ago) link

i guess i would be satisfied if everyone just stopped being such a fuckface and let this thing die on its own.

wouldnt that be nice?

todd swiss (eliti), Thursday, 24 June 2004 05:31 (nineteen years ago) link

no offense but calling anybody a fuckface ain't an effective way to get anybody to do anything.

hstencil (hstencil), Thursday, 24 June 2004 05:32 (nineteen years ago) link

that fuckface hstencil is right

oops (Oops), Thursday, 24 June 2004 05:35 (nineteen years ago) link

";)"

oops (Oops), Thursday, 24 June 2004 05:36 (nineteen years ago) link

that's not nice.

hstencil (hstencil), Thursday, 24 June 2004 05:36 (nineteen years ago) link

I feel like I should buy you a pint right about now.

oops (Oops), Thursday, 24 June 2004 05:38 (nineteen years ago) link

you've got 20 minutes to Chicagoland last call. So I'll buy you one, too.

hstencil (hstencil), Thursday, 24 June 2004 05:40 (nineteen years ago) link

ok, i am done with this thread, you can all keep bickering if you please. its just a waste of time, fyi

todd swiss (eliti), Thursday, 24 June 2004 05:41 (nineteen years ago) link

where is mark to respond? the link to the book still works. i am chagrined.

amateur!st (amateurist), Thursday, 24 June 2004 05:43 (nineteen years ago) link

we're not bickering anymore Todd, we're buying pints! I just want to make you happy....

hstencil (hstencil), Thursday, 24 June 2004 05:45 (nineteen years ago) link

i tried sending mark an email, and i received a "returned undeliverable" message. if mark could email me i'd appreciate it.

amateur!st (amateurist), Thursday, 24 June 2004 05:45 (nineteen years ago) link

I know Tep said I was overreacting with the troll theory, but Marks silence (almost 24 hours now with nothing said) is really kind of strange.

Trayce (trayce), Thursday, 24 June 2004 06:23 (nineteen years ago) link

(And I hope I am wrong, because if Im not, its a REALLY SHITTY thing to have done to everyone).

Trayce (trayce), Thursday, 24 June 2004 06:24 (nineteen years ago) link

I think he's hiding under his desk!

oops (Oops), Thursday, 24 June 2004 06:24 (nineteen years ago) link

The "just a bit of fun so let's be cool" line is odd though, isn't it?

oops (Oops), Thursday, 24 June 2004 06:25 (nineteen years ago) link

though I suppose it doesn't mean he was planning to set off ILE, but instead just the opposite.

oops (Oops), Thursday, 24 June 2004 06:27 (nineteen years ago) link

i have read this thread, being very tired, and the only thought that comes to my mind is a half-formed appreciation of Tep and Oops radiating from somewhere in the upper left frontal cortex.

Orbit (Orbit), Thursday, 24 June 2004 06:29 (nineteen years ago) link

And I am of two minds having read this thread -- I think that the book was a dumb idea and should be withdrawn, but that the rhetoric of most of the people who objected to the book was way overwrought and makes me a little ill.

Also this is an area of the law that makes me glad I quit lawyering.

Colin Meeder (Mert), Thursday, 24 June 2004 06:44 (nineteen years ago) link

BTW, you guys realise that Mark posts FROM A DIFFERENT TIME ZONE, and only from work. It's not been 24 hours, it's been more like 18 hours - the hours of EVENING AND NIGHTTIME in the UK. There is nothing sinister or underhanded in his not waking up from his sleep to log on to ILX and reply.

I think there has been some massive overreation on this thread, but I guess I kind of understand why. I have no real comment on that.

He's asked me upthread not to talk about his previous attempt to do this, but honestly, from the amount of ruck caused by 3 or 4 people, he could perhaps have guessed a least a fraction of the controversy it would cause? The only person who objected to the former exercise was a known troll, so, I don't know. Who knows.

(Please note: the explanation he gave for why he tried it before was that he wanted to try out CafePress as a practice or sample for work purposes, and needed a large sample of text to be published, to assess their quality. A particular thread on ILX provided this opportunity.)

Anyway, I'm putting words in his mouth at this point, but I'm sure that he will log back on when his work is slow, make an apology and sort things out.

People love Gravity and Evolution! (kate), Thursday, 24 June 2004 06:55 (nineteen years ago) link

It will be pulled today.

I shall read this thread and contact those who I have seriously pissed off.

Later.

mark grout (mark grout), Thursday, 24 June 2004 07:09 (nineteen years ago) link

Also, I'm selling CDRs of all of Mark's music and photography from his website. I'll post a Cafepress link soon.

Good luck. If you manage it you'll be doing better than me.

mark grout (mark grout), Thursday, 24 June 2004 07:16 (nineteen years ago) link

Lemme suggest something better: how about ILX regulars just print out threads they think are funny to keep for themselves? It's not difficult.

xpost - even better: print up what you think is funny at work without your boss seeing!

That's exactly why I did the book. (continuing)

mark grout (mark grout), Thursday, 24 June 2004 07:26 (nineteen years ago) link

Now, for the happy ending, we all just need to hold hands and sing this song.

Momus (Momus), Thursday, 24 June 2004 07:38 (nineteen years ago) link

I'm still kinda hoping this is a combined Mark - J0hn 'happening' of some sort.

EndlessKev (Mr Fusion), Thursday, 24 June 2004 07:44 (nineteen years ago) link

Made it ma, top o' the world.

Enrique (Enrique), Thursday, 24 June 2004 07:45 (nineteen years ago) link

cant wait for "ilx, the book: the third times the charm (inability to predict reactions)"

charltonlido (gareth), Thursday, 24 June 2004 07:46 (nineteen years ago) link

OK, I'm sure this is a moot point by now, but I'm kind of miffed that all the interesting debate took place while I was asleep or offline.

Basically, it all boils down to two issues.

1) The copyright issue. I'm not a lawyer, and I don't pretend to know the in's and out's of international copyright law.

Shit happens all the time that I'm not entirely happy about, but you know, I'm more bothered by things like record companies putting out my songs and then "forgetting" to pay the mechanicals. If you're quotable, you get quoted. If I had a dime for every meme or phrase I've actually coined... I could buy a yacht off the royalties! Try googling a phrase which you have coined or used repeatedly - I did yesterday, and was amazed by how far some of my "trademarks" had got. Some people quote and attribute. Ironically, the person who used raised the biggest stink in the previous debate used my words and phrases without attributing.

Fair enough, if you're a writer and you make your living off your words, then you want to protect those words. But where do you draw the line? During my brief spell as a critic, I can't count the number of times I would see my quotes ending up in press releases. That's someone else - a band - trying to make money off my words. Am I OK with that?

2) The privacy issue. This is something above and beyond the copyright issue. There's been a lot of talk about "oh, this is just private and casual chatter with my friends".

The intimacy and familiarity of ILX *does* lull you into a false sense of security, that this is somehow a private place, outside of the real world. IT'S NOT. I had my peace of mind regarding ILX shattered quite rudely last year, but ultimately it did teach me an important lesson The internet is not private, and ILX is not "safe" and everyone should learn to police their *own* behaviour accordingly.

The great thing about ILX is that people feel free to speak without thinking. The terrible thing about ILX is that people feel free to speak without thinking. Freedom of speech implies a responsibility as well as a right.

I learned the hard way, don't write anything on ILX that you would not be comfortable with your mom, your ex-boyfriends, your internet stalker, your label boss, random music journalists reading. That might be an unintentional lesson which is perhaps more important than the ins and outs of international copyright law.

Kate St.Claire (kate), Thursday, 24 June 2004 07:47 (nineteen years ago) link

Right, I have read the whole thread.

Seriously, thanks for all your opinions, anti, pro and support/defensive. You are all cool.

As hstencil said, I printed one
1) for me
2) to read away from work
3) to test out the 'book publishing' service.

I did do this a while ago, but the book came out at 67 pages, so was really just a big pamphlet. This one is much bigger and should show me what quality you can expect with smaller type/wider spine/etc. I did let the major contributors to the first know, privately. All were cool apart from one who was not cool and that was OK too. This was 'available' for about a month, withdrawn when I got the objection, and only 1 copy was produced.

As this one had a larger number of contributors, it would have been unfeasible to contact everybody. So, I posted this question yesterday morning. By the end of the day, 50 posts and no outright objections.

I had one e-mail to me personally, amater!st, who wished his contribs to be removed. I agreed obv.

I logged on and saw the general opinion was to withdraw the availability of the item. This I have done.

I shall contact J*hn D personally.

I apologise to all who feel they have been insulted, violated, or just plain rubbed up the wrong way. I thank the many erudite supporters and/or defenders, I don't feel 'ganged up' on, and that's thanks to you. I also dont feel 'guo' as even the vociferous anti people were still for the most part fair and good about it (If i've had real bile and/or insults I missed it)

My only regret is upsetting JD as much as I seem to have.

For what it's worth, I don't think any more than my one copy will get produced.

It may seem obvious, but I will not be doing any more books like this. In actal fact, I was not going to anyway. But that's beside the point I know.

Anyway, see you around.

mark grout (mark grout), Thursday, 24 June 2004 07:55 (nineteen years ago) link

I should thank Kate and Momus and hstencil particularly, for understanding the spirit of the thing. Oh now I sound like I won an oscar.

What I always liked about ILX was that all the things I can say have some sort of permanence, and I have never said anything I don't believe, either here or anywhere else. (I haven't told any major lies either, life is a weird thing already)

mark grout (mark grout), Thursday, 24 June 2004 07:58 (nineteen years ago) link

How dare you bracket me with Kate and Stencil! This is the final straw. I am leaving this forum forever, and will never return after this post.

Momus (Momus), Thursday, 24 June 2004 08:02 (nineteen years ago) link

I'm still mad about this.

Momus (Momus), Thursday, 24 June 2004 08:03 (nineteen years ago) link


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