An Experiment in Copyright

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oxnsox

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#516444 4-Sep-2011 13:48

I have previously made up a file with the name copyright.txt and am somewhat concerned that you may have plagiarized that file in either content or name.

My legal team has advised me that they will all have to access your file to determine its authenticity and whether you have infringed my copyright.

kyhwana2

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#516451 4-Sep-2011 14:25

wellygary:
richms: It was a vauge and stupid wording of it, but it had something about connecting to multiple users in it and the general view is that its not supposed to cover hosting based downloads. You cant prove that anyone made a copy of things just by the fact that there is a http request either.

a) material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and(b) uploading and downloading may, but need not, occur at the same time

A web browser is not an application that enables simultaneous sharing of materials between multiple users.

The server the file is hosted on might count, but it would be brave to assume that a browser met that requirement.

A email client would count..

tonyhughes

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#516699 5-Sep-2011 09:56

The telco I work for will zero-rate the bandwidth required for our customers to download any such text files where the copyright holder gives permission for us to host, or if the file is freely distributable through some form of open source (or other similar) licence.

DonGould

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#516704 5-Sep-2011 10:04

tonyhughes: The telco I work for will zero-rate the bandwidth required for our customers to download any such text files where the copyright holder gives permission for us to host, or if the file is freely distributable through some form of open source (or other similar) licence.

I was thinking of printing the content on a tshirt, which would give it far more public profile and enhance the RH's production reputation.

However I'm quite concerned about your willingness to just devalue both the telco market and impact my tshirt production market.

But I really can't help wondering just how many more people will just steal the RH's content while we sit about arguing about who's right to make a profit has been damaged the most.

Perhaps we need some clear regulation?

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SaltyNZ

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#516717 5-Sep-2011 10:25

I have created a derivative work of your seminal 'copyright.txt', in the form of haiku.

Craig Whitmore wrote this
Downloading is infringement
Pay him now or else

I would like to request a licensing deal, perhaps shared revenue, to publish this?

iPad Pro 11" + iPhone 15 Pro Max + 2degrees 4tw!

These comments are my own and do not represent the opinions of 2degrees.

DonGould

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#516788 5-Sep-2011 12:58

SaltyNZ: I have created a derivative work of your seminal 'copyright.txt', in the form of haiku.

Craig Whitmore wrote this
Downloading is infringement
Pay him now or else

I would like to request a licensing deal, perhaps shared revenue, to publish this?

Salt I am starting to feel that the RH is largely just ignoring us, but setting us up to use us as a pawn in his global copyright battles against bigger fish.

Do you get this feeling?

Promote New Zealand - Get yourself a .kiwi.nz domain name!!!

Check out mine - i.am.a.can.do.kiwi.nz - don@i.am.a.can.do.kiwi.nz

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SaltyNZ

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#516790 5-Sep-2011 13:03

DonGould:

Salt I am starting to feel that the RH is largely just ignoring us, but setting us up to use us as a pawn in his global copyright battles against bigger fish.

Do you get this feeling?

If one were the suspicious type, one might think he was going to let the infringement go for a while, getting everyone well on the hook, and then, BAM: global thermonuclear lawsuits!

iPad Pro 11" + iPhone 15 Pro Max + 2degrees 4tw!

These comments are my own and do not represent the opinions of 2degrees.

LennonNZ

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#516875 5-Sep-2011 14:51

On Friday I posted a message on geekzone.co.nz website and the NZNOG mailing list of the location of my file.

The post was information only (so I personally wouldn't forget where it was) and linked to the file but had a clear warning that people that the file was copyrighted and no one had permission to view/download etc the file .

The Results... (Over 3 days, Numbers rounded to nearest 50)

Total Downloads: 2700
NZ Downloads (Non Mobile): 1900
NZ Downloads (Mobile): 100
Overseas Download: 650
NZ I presume hiding behind overseas proxy - 50

NZ has this new law in place.. something to do with copyright. All these horrible people are copying my work without permission and I want to do something about it.

Reading the law I can send notices to the IPAP (the people who give out the ip addresses to this people).
So lets do it.. The MED (whoever these people are) have said I should charge $25 . So it would cost me $50000 to send out notices to all the IPAPs to complain.

A few problems and comments..

- How do I contact the IPAP? I cannot find on ANYONEs website on how to complain.. Checking the top 5 ISP's in NZ there was no information at all? Do I just whois the ip addresses and send it to the contact listed? There is lots of information on the users side who might get the notices but NOTHING anywhere on how Rights Holders should complain?

- I don't have $50000 . I am only a small individual and I estimate the worth of my material which was copied is worth $0.000001 but it is still copyrighted by me! All these people downloaded it and if I did have $50000 and sent letter to all the IPAPS it would not help me at all.

- People would have to access my work 3 times within 9 months (3 separate notices from me and as I work slowly my next work may be in 12 months time). I am stuffed.. Copyright in New Zealand lasts say 50 years after someone dies (I don't know the exact time) so why should the warnings expire after 9 months??

- NZFACT (MPAA) are the agents in NZ for large record/movie places are the "rights holders" so its ALOT easier for them to get 3 strikes under their name.

- Users are not informed enough. My message was clear enough.. do NOT download my file but still 2000 people in NZ did.

- What happens if I DO send in a notice? do I get any feedback? what happens when I don't get any feedback? (i.e. it is ignored or goes to the wrong person etc). Can I go up the stream? complain to one of their upstreams?

- What happens when the IPAP cannot identify the person who did it? Does the IPAP get a strike against their own name?

- if a user has 2 internet connections who are load balanced from the same ip address via 2 IPAPS? (BGP) who do I send the notice to? both of them? WOuld this be counted at 1 or 2 infingements? I think 1 so there is no point!

- IPAP or user? who decides who is who?

- If an IPAP get a notice..does the IPAP have to tell anyone this? Where is this documented in the law? . What does the law say?

- Can I go after these people in any other way? Can I do a civil suit in NZ against all these people( IP Addresses). Can I name 1000's of IP Addresses in NZ Law as the people I am going after instead of physical people (as its impossible for me to know who they are)

- Some people on the internet actually downloaded and put up a copy of my content on various websites? I can 92C? for free these places and DMCA the overseas websites.. but i get nothing out of it..! All my work.. copied and I get no compensation.

- Why where mobile networks ignored until 2013? Can anyone tell me the technical reason? or was it political? Telecom? Vodafone? 2DegreeMobile? So what is defined as a mobile network? Is (it may) be impossible to know if an IP Address is mobile or not do I get my $25 back if I complain about someone downloading something via a Mobile Network?

If I send out notice to IPAP and user disputes the 1st detection. What happens?

I have lots of other questions! Mostly on the Rights Holders side and as far as I know there is no information out there.

I personally can't see how this new law protects small rights holders at all.

Anyway I might GPLv2 my work soon.. maybe..

BTW: No one has paid me!

openmedia

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#516879 5-Sep-2011 14:58

I've read the content and don't feel it is worth the license cost and as such i'm refusing to pay.

Generally known online as OpenMedia, now working for Red Hat APAC as a Technology Evangelist and Portfolio Architect. Still playing with MythTV and digital media on the side.

SaltyNZ

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#516895 5-Sep-2011 15:18

LennonNZ: BTW: No one has paid me!?

Well, I think that neatly illustrates the real issue: you didn't offer me a way to pay you for your content even if I wanted to!

iPad Pro 11" + iPhone 15 Pro Max + 2degrees 4tw!

These comments are my own and do not represent the opinions of 2degrees.

oxnsox

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#516982 5-Sep-2011 16:57

What bearing does the fact that you posted your material on a public forum have?
Surely you intentionally publicized the work, and it could be argued that you 'invited' people to view it?

How are we to know it is not a copy of someone elses work, even our own, without looking at it. Surely one publisher has a right to check that another publisher is not plagiarizing their works?

I may also have tried to pay you, but it appears that due to Swedish rounding my payment could have been refused.

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crackrdbycracku

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#516990 5-Sep-2011 17:10

I am only viewing/ copying/ selling/ planning to retire on the profits from this work as part of academic research.

I therefore claim safe harbor as a person who is studying the effects of a thing rather than actually doing it.

My paper will be published if I make enough money, this is part of the experiment I am conducting.

My student loan is currently pending.

Didn't anybody tell you I was a hacker?

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