I will not -- in fact cannot -- print what was said about Yours Truly in this family-oriented space, but if you want to hear and read some serious MFs and N*****s going on take a trip to my personal KingCast.net blog, specifically this entry:03 December 2009
KingCast writes Blogger and YouTube officials: Please provide your opinion on the issue of Hyperlinking, criticism, Fair Use and IP Infringement.
Basically there's a white guy (Bill Christy of the Bill Christy Project) who fancies himself purer than the driven snow because he plays guitar with BB King and such. Meanwhile he's busy determining that Al Sharpton and I are both "N*****s" -- never mind the fact that I've never publicly aligned myself with Reverend Sharpton. So I caught him leaving a nasty message on my voicemail and put up a YouTube video.
Now he says that's a Copyright violation because I'm not allowed to link to the name of his band or even say it orally in the YouTube video. I don't think he's right pursuant to OPG v. Diebold, 337 F.Supp.2d 1195 (2004) and its progeny:
At most, Plaintiffs' activity might have reduced Diebold's profits because it helped inform potential customers of problems with the machines. However, copyright law is not designed to prevent such an outcome. See, e.g., Acuff-Rose, 510 U.S. at 591-92, 114 S.Ct. 1164.
Rather, the goal of copyright law is to protect creative works in order to promote their creation.
Mr. Christy, I am in no ways infringing on that right. See also the comments section containing relevant notes from Chilling Effects website.
From Chilling Effects:
ReplyDeleteQuestion: If a hyperlink is just a location pointer, how can it be illegal?
Answer: It probably isn't, however, a few courts have now held that a hyperlink violates the law if it points to illegal material with the purpose of disseminating that illegal material:
* In the DeCSS case, Universal v. Reimerdes, the court barred 2600 Magazine from posting hyperlinks to DeCSS code because it found the magazine had linked for the purpose of disseminating a circumvention device. (See Anticircumvention (DMCA).) The court ruled that it could regulate the link because of its "function," even if the link was also speech.
* In another case, Intellectual Reserve v. Utah Lighthouse Ministry, a Utah court found that linking to unauthorized copies of a text might be a contributory infringement of the work's copyright. (The defendant in that case had previously posted unauthorized copies on its own site, then replaced the copies with hyperlinks to other sites.)
By contrast, the court in Ticketmaster v. Tickets.com found that links were not infringements of copyright.
Like anything else on a website, a hyperlink could also be problematic if it misrepresents something about the website. For example, if the link and surrounding text falsely stated that a website is affiliated with another site or sponsored by the linked company, it might be false advertising or defamation.
Finally, post-Grokster, a hyperlink might be argued to induce copyright infringement, if the link were made knowing that the linked-to material was infringing and with the intent of inducing people to follow the link and infringe copyright.
In most cases, however, simple linking is unlikely to violate the law.
*******
Question: Can linking be trademark infringement?
Answer: Trademark infringement is misuse of another's mark to cause consumer confusion about the source or sponsorship of goods or services. By contrast, many non-confusing uses of trademarks are fair and/or non-infringing. (See Trademark Topic.)
If website uses hyperlinks, like any other content, to mislead viewers into thinking the site is endorsed by someone whose trademark it uses, (e.g., "This page sponsored by MEGACORP, click here for more details"), the website might be found to infringe the trademark. A website merely linking to someone's web page, even if that page and its URL include a trademark (e.g., "We disagree with MEGACORP, click here to visit their homepage"), is unlikely to be trademark infringement.
******
Question: Is linking protected by the First Amendment?
Answer: The First Amendment to the U.S. Constitution says that "Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble..." The government (and states, under the Fourteenth Amendment) must meet a high level of scrutiny before restricting speech.
A hyperlinks refers to and describes the location of another Internet resource. The text of the hyperlink and the material linked to may be highly expressive. In addition, the act of linking to other websites may be likened to protected "assembly," or association with those sites.
*****
Question: Do I need permission to link to someone else's site?
Answer: In general, if someone is making a website publicly available, others may freely link to it. That open linking is what makes the web a "web."
*********
I will notify you of my Final Answer no later than 8:00 a.m, tomorrow morning.
Be certain to file a copy of this response with any DMCA Affidavit you file, there will be no need for you to tell them what you said about me and the girly-girl:
"Your tarbaby would have to have a penis for anyone to envy him, and the April video shows he lacks any balls at all in his diaper, just ask his bi-sexual girlfriend."
Very truly yours,
Christopher King, J.D.
Cease and Desist Notice
ReplyDeleteChristopher King
15 Beasom Street
Nashua NH 03064
December 3, 2009
Mr. Christopher King/Kingcast.net/christopher-king.blogspot.com: be advised any further use of the name Bill Christy Project SM/TM in your web blog or anywhere else on the Internet will result in a formal U S DMCA complaint being filed against you with Chilling Effects. The name Bill Christy Project SM/TM is service/trade mark protected in accordance with the United States Patent and Trademark guidelines which establishes my rights to use the mark based on my legitimate use of the term/phrase/band name Bill Christy Project SM/TM herein known as a mark affords me the legal presumption of the my ownership of the mark and my exclusive right to use the mark nationwide on or in connection with the services and products I provide. Furthermore the name is exclusively owned by me and registered as a web site known as www.billchristyproject.com which is also protected under the guidelines of the company the web site is registered through and the company the web site is hosted by. Please also note each page of my web site clearly states the following:
Any use of material or images contained within this web site without express permission is forbidden Bill Christy Project SM © 2006
Accordingly, whereas I have never granted you express permission to use the mark Bill Christy Project SM/TM or permission to link my web site I demand that you (1) immediately remove all references to the Bill Christy Project SM/TM on your web blog , or anywhere else on the Internet (2) immediately cease and desist posting any further reference to Bill Christy Project SM/TM on your web blog page, or anywhere else on the Internet,(3)immediately cease and desist posting links to the Bill Christy Project.com SM/TM © 2006 website, and (4)immediately remove the reference to Bill Christy Project SM/TM from the You Tube audio/video found at the following link: http://www.youtube.com/watch?v=0-mY_xCskXs
Yours Truly,
William Christy
By Anonymous Anonymous, at 8:40 AM
24 December 2009.
ReplyDeleteVideo still up.
Bill Christy links still not stricken from Blogger.
-The KingCaster
BC is a real nut that stalks and harasses people all over the net.
ReplyDeleteBill Christy is WTF and bluesman8 here. http://de.newszapforums.com/view_topic.php?id=101532&forum_id=42&jump_to=652686#p652686
ReplyDeleteAnonymous:
ReplyDeleteI tried to look into that -- Bill was writing about it on Topix -- what a crazy situation. I don't know why he turned on me but we're just moving along I guesss.
I was correct on the Copyright issue and would have been correct on the Try Gregory Floyd for Murder issue if Scribd had really followed their stated policies and given me an opportunity to respond but alas they did not. I have the emails to prove it.
-The Editor
Bill Christy
ReplyDeleteIs a psyco who trolls around the net stalking and threatening everyone who posts in the same topics he does. He lives in Delaware because they ran him from up north. His big mouth always gets him into trouble.
ReplyDeletebillchristyproject.com
ReplyDeletehttp://artistroster.artsdel.org/portfolio.cfm?id=201&last=community Bill Christy
ReplyDelete