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	<title>Comments on: Here Comes Another DMCA Whiner</title>
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	<description>Inside Online-Video for Creators, Viewers, Marketers and Advertisers</description>
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		<title>By: Will Video for Food &#187; Richter Scales Sequel to &#8220;Here Comes Another Bubble&#8221; (Tech Parody to &#8220;You&#8217;ve Got to Have Hart&#8221;</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-63590</link>
		<dc:creator>Will Video for Food &#187; Richter Scales Sequel to &#8220;Here Comes Another Bubble&#8221; (Tech Parody to &#8220;You&#8217;ve Got to Have Hart&#8221;</dc:creator>
		<pubDate>Sun, 11 Jan 2009 01:05:18 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-63590</guid>
		<description>[...] The Richter Scales and their controversial &#8220;Here Comes Another Bubble?&#8221; Common- a photographer named Lane Hartwell sued, and they had to pull the video down? I was furious and held a contest for those who could do the [...]</description>
		<content:encoded><![CDATA[<p>[...] The Richter Scales and their controversial &#8220;Here Comes Another Bubble?&#8221; Common- a photographer named Lane Hartwell sued, and they had to pull the video down? I was furious and held a contest for those who could do the [...]</p>
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		<title>By: Normal people bore me!</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-14245</link>
		<dc:creator>Normal people bore me!</dc:creator>
		<pubDate>Tue, 03 Jun 2008 20:07:53 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-14245</guid>
		<description>&lt;strong&gt;Che fine ha fatto ...&lt;/strong&gt;

Che fine ha fatto ...</description>
		<content:encoded><![CDATA[<p><strong>Che fine ha fatto &#8230;</strong></p>
<p>Che fine ha fatto &#8230;</p>
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		<title>By: Vid-Biz: Sellout Risks, Nalts Incites, Queen &#171; NewTeeVee</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-8110</link>
		<dc:creator>Vid-Biz: Sellout Risks, Nalts Incites, Queen &#171; NewTeeVee</dc:creator>
		<pubDate>Wed, 26 Dec 2007 16:31:02 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-8110</guid>
		<description>[...] Nalts Goes Apeshit over Copyright; another holiday weekend hubbub: popular videoblogger invites YouTubers to set up sock-puppet accounts to set Lane Hartwell&#8217;s copyrighted photographs to music in response to her DMCA claim to take that popular tech parody video down. (video, blog post) [...]</description>
		<content:encoded><![CDATA[<p>[...] Nalts Goes Apeshit over Copyright; another holiday weekend hubbub: popular videoblogger invites YouTubers to set up sock-puppet accounts to set Lane Hartwell&#8217;s copyrighted photographs to music in response to her DMCA claim to take that popular tech parody video down. (video, blog post) [...]</p>
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		<title>By: McD</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-8038</link>
		<dc:creator>McD</dc:creator>
		<pubDate>Tue, 25 Dec 2007 00:45:01 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-8038</guid>
		<description>Joe Duck:

I agree. The issue IS important. The parties on the two sides of the debate are irrelevant and don&#039;t deserve to be attacked by an angry mob.

This is one of those cases where a court of law is required to resolve the dispute. 

The issue for the rest of us is one of public policy and we have a long way to go to win that argument against the absolute control of IP by the right&#039;s holder. There&#039;s too much money behind that position for it to swing towards &quot;Fair Use&#039; as a commonly accepted excuse.

Fair Use is a legal defense and has no protections and it&#039;s always judged in a court of law if the parties go to court.

So... check the right&#039;s of the images and ask permission. If not then be prepared to potentially face a court action for compensation. Choose the path that excites you to most. No risk, or risk with legal precedent for a defense against damages.

No risk is always better if there are CC images available to tell the story.

Let Lane disagree and protect re-use. Fair enough?

I hope the Richter Scales don&#039;t pay on priniciple becuase they shouldn&#039;t have to pay for a piece of social commentary that re-uses images paid for by Wired. Once Lane was paid by Wired then her work can be re-used for a parody of the Web 2.0 culture. Happy smiling faces of the Web 2.0 party crowd (which Wired paid her to document for us all).</description>
		<content:encoded><![CDATA[<p>Joe Duck:</p>
<p>I agree. The issue IS important. The parties on the two sides of the debate are irrelevant and don&#8217;t deserve to be attacked by an angry mob.</p>
<p>This is one of those cases where a court of law is required to resolve the dispute. </p>
<p>The issue for the rest of us is one of public policy and we have a long way to go to win that argument against the absolute control of IP by the right&#8217;s holder. There&#8217;s too much money behind that position for it to swing towards &#8220;Fair Use&#8217; as a commonly accepted excuse.</p>
<p>Fair Use is a legal defense and has no protections and it&#8217;s always judged in a court of law if the parties go to court.</p>
<p>So&#8230; check the right&#8217;s of the images and ask permission. If not then be prepared to potentially face a court action for compensation. Choose the path that excites you to most. No risk, or risk with legal precedent for a defense against damages.</p>
<p>No risk is always better if there are CC images available to tell the story.</p>
<p>Let Lane disagree and protect re-use. Fair enough?</p>
<p>I hope the Richter Scales don&#8217;t pay on priniciple becuase they shouldn&#8217;t have to pay for a piece of social commentary that re-uses images paid for by Wired. Once Lane was paid by Wired then her work can be re-used for a parody of the Web 2.0 culture. Happy smiling faces of the Web 2.0 party crowd (which Wired paid her to document for us all).</p>
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		<title>By: Joe Duck</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-8034</link>
		<dc:creator>Joe Duck</dc:creator>
		<pubDate>Mon, 24 Dec 2007 22:06:05 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-8034</guid>
		<description>Although I agree Hartwell&#039;s wrong the idea of this kind of &quot;attack&quot; concerns me.   You are working to diminish a person, not an idea.  That gets creepy and threatening very fast.  You are calling for an online mob, right?     

Also I&#039;m concerned with your hypocrisy here -  wouldn&#039;t you sue if somebody used your commercial vids without attribution?   Are you saying it&#039;s just a matter of degree of use?</description>
		<content:encoded><![CDATA[<p>Although I agree Hartwell&#8217;s wrong the idea of this kind of &#8220;attack&#8221; concerns me.   You are working to diminish a person, not an idea.  That gets creepy and threatening very fast.  You are calling for an online mob, right?     </p>
<p>Also I&#8217;m concerned with your hypocrisy here &#8211;  wouldn&#8217;t you sue if somebody used your commercial vids without attribution?   Are you saying it&#8217;s just a matter of degree of use?</p>
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		<title>By: Roger Lutton</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-8032</link>
		<dc:creator>Roger Lutton</dc:creator>
		<pubDate>Mon, 24 Dec 2007 21:54:52 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-8032</guid>
		<description>I just sent this to the editor of Wired:

Regarding the recent Lane Hartwell fatuousness, I urge Wired to strongly considering not hiring Lane Hartwell for any more work.

She has proved, through her short-sighted and cretinous actions, that she has no understanding of copyright law, fair use, or ethics — nor does she have a shred of common sense.

I will no longer be purchasing Wired and will not be renewing my subscription if her images continue to besmirch my favorite magazine.</description>
		<content:encoded><![CDATA[<p>I just sent this to the editor of Wired:</p>
<p>Regarding the recent Lane Hartwell fatuousness, I urge Wired to strongly considering not hiring Lane Hartwell for any more work.</p>
<p>She has proved, through her short-sighted and cretinous actions, that she has no understanding of copyright law, fair use, or ethics — nor does she have a shred of common sense.</p>
<p>I will no longer be purchasing Wired and will not be renewing my subscription if her images continue to besmirch my favorite magazine.</p>
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		<title>By: Kevin Hammond</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-7973</link>
		<dc:creator>Kevin Hammond</dc:creator>
		<pubDate>Sun, 23 Dec 2007 23:23:58 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-7973</guid>
		<description>Geez, people, don&#039;t you realize a pageclick whore when you see one?

He is supposedly a &quot;Viral Video Genius,&quot; and a former marketing professional. Some Web 2.0 Guru. He has a Technoarti authority of 79 (wow... how impressive...) with a ranking of (drumroll...)

&lt;i&gt;89,301&lt;/i&gt;

Ranking of 89,301 = Poser. Wannabe. Hack. 

IMO, one should be &lt;i&gt;at least&lt;/i&gt; in the top 1,000 to be a guru...

The only reason this guy is getting any views at all is because he is glomming on to situation in which a few employees of Google, Pixar and PayPal (look it up if you don&#039;t believe me) stole a photo from a self-employed freelance photographer and then behaved like assholes when she called them on it.

Now, Mr. 89,301th-ranked Viral Video Genius is infringing on her content and encouraging others to do the same.

My guess is the members of The Richter Scales will each be getting some VERY uncomfy emails from the HR dept. in their day jobs, (which is a scary thing when you are not talented enough to make it as a musician.) But Nalts does not have to worry. Nobody gives a rat&#039;s butt what he thinks or says.

89,301. Puh-LEASE.

See for yourself: 

http://www.technorati.com/blogs/willvideoforfood.com</description>
		<content:encoded><![CDATA[<p>Geez, people, don&#8217;t you realize a pageclick whore when you see one?</p>
<p>He is supposedly a &#8220;Viral Video Genius,&#8221; and a former marketing professional. Some Web 2.0 Guru. He has a Technoarti authority of 79 (wow&#8230; how impressive&#8230;) with a ranking of (drumroll&#8230;)</p>
<p><i>89,301</i></p>
<p>Ranking of 89,301 = Poser. Wannabe. Hack. </p>
<p>IMO, one should be <i>at least</i> in the top 1,000 to be a guru&#8230;</p>
<p>The only reason this guy is getting any views at all is because he is glomming on to situation in which a few employees of Google, Pixar and PayPal (look it up if you don&#8217;t believe me) stole a photo from a self-employed freelance photographer and then behaved like assholes when she called them on it.</p>
<p>Now, Mr. 89,301th-ranked Viral Video Genius is infringing on her content and encouraging others to do the same.</p>
<p>My guess is the members of The Richter Scales will each be getting some VERY uncomfy emails from the HR dept. in their day jobs, (which is a scary thing when you are not talented enough to make it as a musician.) But Nalts does not have to worry. Nobody gives a rat&#8217;s butt what he thinks or says.</p>
<p>89,301. Puh-LEASE.</p>
<p>See for yourself: </p>
<p><a href="http://www.technorati.com/blogs/willvideoforfood.com" rel="nofollow">http://www.technorati.com/blogs/willvideoforfood.com</a></p>
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		<title>By: Incredulous reader</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-7971</link>
		<dc:creator>Incredulous reader</dc:creator>
		<pubDate>Sun, 23 Dec 2007 22:52:55 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-7971</guid>
		<description>I am calling bullshit on your supposed history as a marketing person with J&amp;J. Any person with any experience in marketing would be a little more familiar with IP issues than you appear to be.

So, are you ignorant about copyright (not that your room-temp IQ will be a defense in the end) or are you a former marketing person?

Make up your mind -- you can&#039;t have it both ways.

At first I felt bad for Lane Hartwell, getting crucified by all of you guys for merely daring to assert her copyright. But now I envy her. She&#039;s gonna be a nice multi-paycheck for whichever of the IP lawyers she chooses, as I&#039;m sure she is getting solicited by plenty of them right about now.

Suggesting other people do the same will play well in court. 

Idiot.</description>
		<content:encoded><![CDATA[<p>I am calling bullshit on your supposed history as a marketing person with J&amp;J. Any person with any experience in marketing would be a little more familiar with IP issues than you appear to be.</p>
<p>So, are you ignorant about copyright (not that your room-temp IQ will be a defense in the end) or are you a former marketing person?</p>
<p>Make up your mind &#8212; you can&#8217;t have it both ways.</p>
<p>At first I felt bad for Lane Hartwell, getting crucified by all of you guys for merely daring to assert her copyright. But now I envy her. She&#8217;s gonna be a nice multi-paycheck for whichever of the IP lawyers she chooses, as I&#8217;m sure she is getting solicited by plenty of them right about now.</p>
<p>Suggesting other people do the same will play well in court. </p>
<p>Idiot.</p>
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		<title>By: Michael</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-7962</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Sun, 23 Dec 2007 16:26:17 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-7962</guid>
		<description>What action has Ms Hartwell taken since the removal of the photo? 

Also, as I understand it, she sent a polite notice requesting removal of the photo and the initial response was something to the effect of &quot;Our attorney says we&#039;re allowed to use it so it&#039;s not going anywhere&quot;. 

Looks like that is a clear invitation to set the record straight and let them (and the rest of us) know exactly what the policy is, at least here in the U.S.

And if there&#039;s no money to be had here, how can you say this is about money? 

As a side note, what if someone were to take that cleverly written song and use it, without permission or credit, to promote an unrelated concern or idea? The artists might not care, but if they did, they would have the right to put a stop to it. No? And it that someone refused to stop using the song, they&#039;d be well within their rights to take further action. I&#039;d be on their side if the situation were reversed.

I&#039;m weary of this &quot;If it&#039;s on the net then it&#039;s free for the taking&quot; attitude of many people.</description>
		<content:encoded><![CDATA[<p>What action has Ms Hartwell taken since the removal of the photo? </p>
<p>Also, as I understand it, she sent a polite notice requesting removal of the photo and the initial response was something to the effect of &#8220;Our attorney says we&#8217;re allowed to use it so it&#8217;s not going anywhere&#8221;. </p>
<p>Looks like that is a clear invitation to set the record straight and let them (and the rest of us) know exactly what the policy is, at least here in the U.S.</p>
<p>And if there&#8217;s no money to be had here, how can you say this is about money? </p>
<p>As a side note, what if someone were to take that cleverly written song and use it, without permission or credit, to promote an unrelated concern or idea? The artists might not care, but if they did, they would have the right to put a stop to it. No? And it that someone refused to stop using the song, they&#8217;d be well within their rights to take further action. I&#8217;d be on their side if the situation were reversed.</p>
<p>I&#8217;m weary of this &#8220;If it&#8217;s on the net then it&#8217;s free for the taking&#8221; attitude of many people.</p>
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		<title>By: R. Shane</title>
		<link>http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/comment-page-1/#comment-7961</link>
		<dc:creator>R. Shane</dc:creator>
		<pubDate>Sun, 23 Dec 2007 15:42:45 +0000</pubDate>
		<guid isPermaLink="false">http://willvideoforfood.com/2007/12/22/boo-hoo-to-here-comes-another-bubble-copyright-whiners/#comment-7961</guid>
		<description>In this case, Michael, it IS about the money.  This particular issue is not about control over the property.  Ms. Hartwell was given credit and, when that wasn&#039;t enough, her photo was removed from the video.  Her control over the photo was successful.

I&#039;ve had many of my own photos posted in other locations and every time I&#039;ve found them (uncredited) I have asked that they either be credited or taken down.  Not once have I had a problem with any of my own requests.  In this instance, Ms. Hartwell still retained control over the photo, so her controlling her own property is definitely not the issue.  This IS all about the money; money that doesn&#039;t exist.</description>
		<content:encoded><![CDATA[<p>In this case, Michael, it IS about the money.  This particular issue is not about control over the property.  Ms. Hartwell was given credit and, when that wasn&#8217;t enough, her photo was removed from the video.  Her control over the photo was successful.</p>
<p>I&#8217;ve had many of my own photos posted in other locations and every time I&#8217;ve found them (uncredited) I have asked that they either be credited or taken down.  Not once have I had a problem with any of my own requests.  In this instance, Ms. Hartwell still retained control over the photo, so her controlling her own property is definitely not the issue.  This IS all about the money; money that doesn&#8217;t exist.</p>
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