A Little Branch of Zion Wrote:
-------------------------------------------------------
> eesh Wrote:
> ---------------------------------
> > 1.) Does this photographer have the money needed
> > for litigation?
> >
> > 2.) Are they willing to travel to Virginia for
> > court appearances?
> >
> > 3.) Cease and desist letters can be made very
> > intimidating sounding, but in the end they have
> > the zero legal weight.
> >
> > 4.) Streisand Effect.
>
>
> At this stage, the only relevant issue is (3).
>
> If an actual copyright holder sends a takedown
> letter, following the prescribed form, an OSP such
> as a Cary would be a fool not to take down the
> relevant image(s). Not to do so would be to put
> himself at risk for potentially very substantial
> legal costs and damages. Yeah, the copyright
> holder might ultimately not have the resources to
> pursue a lawsuit, but given the potential
> downside, it would be very imprudent to take that
> risk.
Issue 3 bloomed, and Cary responded accordingly.
Cary Wrote:
-------------------------------------------------------
> When it comes to censorship of my users I will not use
> a meat cleaver when the law calls for a scalpel.
Very nicely put!
I would love to see some of your exchanges with Mr. Leiser.
MrMephisto Wrote:
-------------------------------------------------------
> The claim of copyright infringement is complete
> and utter bullshit, but I can see why you'd rather
> just delete the picture than take the time to
> prove it's bullshit.
>
> I still maintain that it's not infringement if
> it's available via a simple google search and the
> watermark was intact, but if the guy's anal enough
> to search the Internet for people posting pictures
> from his site, it's probably not worth the time
> and money associated to fight it.
You're incorrect on the copyright infringement issue.
The DMCA takedown notice was issued by Burning Man, not the photographer. My understanding is that Burning Man is co-holder of the copyright in all photos and video taken at Burning Man events (when you buy a ticket to the event, you agree to those
terms).