Reblogging, round 2

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  • #494525

    tfockler60
    Member

    @ari Everything I produce here is covered and protected under a Copyright which I have paid for and held for many years. Dispite the fact that WP is the platform they hold a legal responsibility to not KNOWINGLY INCOURAGE or MAKE AVAILABLE ANY means for other to plagerize ORIGINAL COPYRIGHT PROTECTED MATERIALS and this feature ignores that.

    It is much like a library. They own the books but they don’t own the content of those books. The content belongs to the original author and should the library adopt a policy by which anyone could come in copy the content of a book and then REPUBLISH it IN THAT LIBRARY as their own work (exactly what WP is allowing by no attributing back to the original author on ALL reblogged copies) then the Library would be and could be held legally responsible for copyright infringment as well as the person who re-published the book.

    There is a great misconception that just because you publish on the web that you don’t really have any legal means of protection under copyrights and that is wrong. Under federal copyright laws, those protections take top mark regardless of publishing avenue, and yes it can be a headache to pursue someone that infringes on them but unless those that hold a copyright do just that its never going to get better.

    Because I am a published author and artist I do take my copyright seriously and I do have a lawyer that handles this kind of thing for me. I have given over the TOS that WP has published as well as copies of all these converstation to him for review and I have been advised to post on my blog that I DO NOT ALLOW ANY REBLOGGING OF ANY CONTENT WITHOUT PRIOR WRITTEN CONSENT which can be obtained via a copyright site I have listed. If anything of mine is reblogged my computer is set up to send that information directly to my lawyer who will then contact that individual by certified mail.

    This is a serious issue for me and I am not going to play games with a bunch of dorks simply because they think they are above the law and can do as they please.

    The solution is a simple one that they have refused in writing to employ here. They can keep this feature but they need to allow an OPT OUT for each account and as long as they refuse to do so they assume legal responsibility and I will hold them to it.

    #494531

    tfockler60 said,

    …exactly what WP is allowing by no attributing back to the original author on ALL reblogged copies…

    Not true. If someone reblogs a post from your blog (first generation reblog), at the bottom of the quoted passage is a read more link that takes people to the source post on your blog. Below that is a link to the main page of your blog. Of course the reblogger can edit that information out if they wish, but that is a willful act and that would slam the cell door shut on them if it went to court.

    On a second generation reblog (reblog of a reblog), the links back to the original disappear and are replaced by the second reblogger’s links.

    Again, the reblog of 75 word MIGHT fit into the shadowy world of Fair Use depending on a whole lot of stuff as I have alluded to above in another post including the proportion used, the nature and value of the content, etc.

    #494535

    arifsali
    Member

    Just to share a different take on this issue, in general.

    Alex Schleber’s views:

    http://alexschleber.posterous.com/?sort=&search=copyright

    #494536

    ronsrealm
    Member

    Hey, you can now phone in your blog post, god help us. Thanks, I’ll pass, but I can’t think of any way an audio file can be reblogged so, if it can’t, there would be an automatic opt-out and, therefore, a precedent.

    Anyone any thoughts?

    #494537

    timethief
    Member

    I do have thoughts Ron but I think I’ll keep them to myself … lol :D

    #494539

    I hadn’t written a word on copyright issues, because I don’t think there are any. Short excerpts probably fall under the “fair use” rule, as Mark and thesacredpath have pointed out. The problem is posts like tsp’s hypothetical haiku example. Also the reproduction of copyrighted images and recordings (one of the bad staff replies was that the “reblogged” image is only a thumbnail; another one was that the audio player doesn’t come through). But again WP is covered by the clause justjennifer and timethief have pointed to.

    By the way, tsp, the splog excerpt is based on the number of characters, not words.

    #494540

    @ron: Yes, the audio gets reblogged.

    #494541

    ronsrealm
    Member

    @panos – Really? Bummer.

    @TT – Quite…

    #494542

    timethief
    Member

    Nabcast coming soon … lol :D

    #494543

    @panos, characters… words… same difference in the end.

    #494544

    phoxis
    Member

    The main thing is the unavailability of a enable disable feature, that is the freedom to select a feature. Other issues derived from this will vary amongst different blogger.

    #494546

    tfockler60
    Member

    @thesacredpath

    Ok you confused me…what is not true about the statement that WP’s new reblog feature does not attribute back to the original author on ALL reblogs?

    In using the term “all” I am notating that anything past the first “editable” copy is void of any attributes to the original author. I think perhaps you misunderstood or maybe I should have phrased it another way? :)

    #494547

    @phoxis: Right. But Matt didn’t deign to reply if they’ll consider adding the option, or why they won’t.

    (It’s the same Matt that had written “in two weeks I’m happy to have a discussion with everyone”. My mistake, no doubt: apparently he meant in exactly two weeks; I was eight days late in the appointment…)

    @tfockler60: Specially for you:
    http://wpbtips.wordpress.com/2010/07/02/anti-reblogging/

    @tsp: New complication with the new post-by-voice feature. If you post a 60-minute speech, the whole 60 minutes get reblogged (unless you edit the post and add enough text before the audio player). Is that “fair use”?

    #494548

    @tfockler60, I think I was tripped up by your wording of that taking “ALL” to mean that none of the reblogs was properly attributed. The first reblog is of course. The problem comes on second generation reblogs and beyond.

    I can now see that you were saying that all reblogs, no matter what generation should have attribution back to the original author and site.

    @panos, absolutely not Fair Use.

    It just never ends, does it?

    #494549

    phoxis
    Member

    @panaghiotisadam yes transparent communication is needed.

    #494563

    tfockler60
    Member

    @panag…SWEET!! Thanks for sharing..and you can bet I have that on every blog!

    My I have your permission to add this to the Newbie School and include a link back to you? I think this is something that needs to be shared with as many as possible at this point since the “ego gods” here don’t seem to think it is important to allow us the right to choose who and what is available for reblogging. :)

    #494564

    @tfockler60: You’re welcome! And you don’t need permission when you give proper credit. What’s the Newbie School, by the way?

    #494574

    tfockler60
    Member

    @panga…sorry it has taken me so long to repy to your question. I had a computer crash issue and was without for several weeks, but let me answer you now.

    Newbie School is a blog I have here that is dedicated to “new users”. I provide a step by step set of instruction on how to use WordPress as well as mini tutorials for the different features you can have such as SoundCloud, Feedjit, Screenpresso etc. I try to keep in all in plain english with as little “tech” talk as possible so that the average joe can follow along. I also provide screen shots to make it easier for them. If you would like to take a look you can find it at http://theguppypond.wordpress.com

    Don’t forget to scroll over all the fish you see too…they each have something to say. =o)

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