228371 Bullies, 4282 online  
  • Register
Our Sponsors:

Results 11 to 20 of 52
Page 2 of 6 FirstFirst 12 3456 LastLast
Sponsored Links Spacer Image
  1. Rivington is offline
    Rivington's Avatar

    Senior Member

    Join Date
    Jun 2007
    Location
    East Bay, CA
    Posts
    4,733

    Posted On:
    12/15/2008 7:27pm

    supporting member
     Style: Taijiquan/Shuai-Chiao/BJJ

    --
    Hell yeah! Hell no!
    Copies of previous versions of the site will be great.

    This MABS thread is a bit problematic because, to be blunt, non-lawyers and people not familiar with copyright are giving advice when they should really just need to shut up.

    Ninja Claus is Samuel Browning, who is an attorney, correct? The OP should listen to him and, really, to me, and NOT to anyone else attempting to give advice on this thread.

    My interest in seeing the website, or screencaps of former generations of the website, is to see how much text (not information, text) was lifted. Fair use can apply, but the book is obviously a commercial publication and one of the four basic texts in determining fair use is whether or not the material is quoted commercially. Further, the material doesn't appear to have been quoted as a matter of critique or review. So we're down to seeing exactly how much of Maberry's section on bagua was copied-and-pasted from the OP's website or former website.

    If the OP is interested in help in getting the apology, etc. this will be a great first step in getting that.

    And if people who don't know what they are talking about want to post to this thread, their posts should really be removed and shoved somewhere else. The last big IP-themed thread (the Dante documentary) was already filled to the brim with crap guesses and "duh explain me this then huh" nonsense -- and that's not including all the garbage generated by one of the principals of the conflict.

    Or hell, if the OP just wants a sympathetic ear, move the thread to YMAS and then everyone can show off how little they know about copyright or the law!
  2. Sam Browning is offline

    Join Date
    Apr 2003
    Location
    New England
    Posts
    9,864

    Posted On:
    12/15/2008 7:59pm

    hall of famestaff
     

    --
    Hell yeah! Hell no!
    Rivington you're doing fine.
  3. Jonathan Randal is offline

    Registered Member

    Join Date
    Aug 2005
    Posts
    41

    Posted On:
    12/15/2008 10:54pm


     Style: Karate

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Rivington
    This MABS thread is a bit problematic because, to be blunt, non-lawyers and people not familiar with copyright are giving advice when they should really just need to shut up.

    Ninja Claus is Samuel Browning, who is an attorney, correct? The OP should listen to him and, really, to me, and NOT to anyone else attempting to give advice on this thread.


    Or hell, if the OP just wants a sympathetic ear, move the thread to YMAS and then everyone can show off how little they know about copyright or the law!
    STATUTE OF LIMITATIONS INFO:
    http://law.freeadvice.com/intellectu...imitations.htm

    As I wrote, Dick, I am NOT a lawyer, but I don't just throw stuff out without checking. Yes, as I wrote, he SHOULD investigate his case further BEFORE contacting the author or publisher and get his ducks in a row should he decide to SUE. Why? Because, dickweed, folks often say things in an initial confrontation that work against them later.

    Now as to the statute, how and when it applies; YES he should SPEAK to a lawyer, but it is PERTINENT information for him to EXPLORE. I seriously doubt that any COMPTENT attorney would quarrel with the information in my post. It may not apply depending upon the date of the last infringement. He needs to CHECK. Not bad advice.

    Quote Originally Posted by Ninja Claus
    Rivington you're doing fine.
    No he's not, because everything he wrote is moot if the Statute has run out.
    Last edited by Jonathan Randal; 12/15/2008 11:10pm at .
  4. Rivington is offline
    Rivington's Avatar

    Senior Member

    Join Date
    Jun 2007
    Location
    East Bay, CA
    Posts
    4,733

    Posted On:
    12/15/2008 11:09pm

    supporting member
     Style: Taijiquan/Shuai-Chiao/BJJ

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Jonathan Randal
    STATUTE OF LIMITATIONS INFO:
    http://law.freeadvice.com/intellectu...imitations.htm

    As I wrote, Dick, I am NOT a lawyer, but I don't just throw stuff out without checking. Yes, he SHOULD investigate his case further BEFORE contacting the author or publisher and get his ducks in a row should he decide to SUE. Why? Because, dickweed, folks often say things in an initial consultation that work against them later.
    Shut. The ****. Up.

    Your opinion on this subject is NOT credible. This is a MABS thread. Do not **** up this thread with your idiocy. You do NOT even understand the material on the website you cited, or how it may or may not apply in this circumstances here.

    I seriously doubt that any COMPTENT attorney would quarrel with the information in my post.
    You're wrong. Further, you are NOT owed an explanation as to why because this is a public forum and if this investigation goes anywhere, you can best that the whole thread will be closely examined.

    So seriously, do NOT respond to this post. Do not post on this thread. You do not know what you are talking about. Be Fucking Silent.

    Mods, please Trollshido this exchange.
  5. Sam Browning is offline

    Join Date
    Apr 2003
    Location
    New England
    Posts
    9,864

    Posted On:
    12/15/2008 11:14pm

    hall of famestaff
     

    --
    Hell yeah! Hell no!
    Nope, Randall is correct that the statute of Limitations would potentially provide a valid defense in this case, and the page he referrenced explained that courts had arrived at multiple different methods for calculating the date that this time runs from.

    So in conclusion you are both making valid points, and should be allowed to comment on this issue.
  6. Jonathan Randal is offline

    Registered Member

    Join Date
    Aug 2005
    Posts
    41

    Posted On:
    12/15/2008 11:16pm


     Style: Karate

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Rivington

    Your opinion on this subject is NOT credible. This is a MABS thread. Do not **** up this thread with your idiocy. You do NOT even understand the material on the website you cited, or how it may or may not apply in this circumstances here.
    Oh, really? I'm familiar enough with litigation to know that the first thing an attorney wants to know is whether too much time has passed.



    Quote Originally Posted by Rivington

    So seriously, do NOT respond to this post. Do not post on this thread. You do not know what you are talking about. Be Fucking Silent.

    Mods, please Trollshido this exchange.
    My suggesting he avoid a confrontation before he knows where he stands is the best advice he's been given in this thread and failure to follow it could have grave repurcussions to the Original Poster. You do know what a countersuit is, don't you?.


    Quote Originally Posted by Ninja Claus
    Nope, Randall is correct that the statute of Limitations would potentially provide a valid defense in this case, and the page he referrenced explained that courts had arrived at multiple different methods for calculating the date that this time runs from.

    So in conclusion you are both making valid points, and should be allowed to comment on this issue.
    Thanks. I used to edit a portrait magazine years ago (small, regional) and I encountered Intellectual Property Law issues frequently and, more than once, consulted with a qualified attorney.
    Last edited by Jonathan Randal; 12/15/2008 11:21pm at .
  7. Sam Browning is offline

    Join Date
    Apr 2003
    Location
    New England
    Posts
    9,864

    Posted On:
    12/15/2008 11:19pm

    hall of famestaff
     

    --
    Hell yeah! Hell no!
    Err guys, look at his claimed fight record.

    In the middle-to late 1970s Jonathan twice took the Heavyweight Title for full-contact open martial arts, earning a record of 102 wins, 2 losses and 2 ties; with 68 knockouts.
  8. Rivington is offline
    Rivington's Avatar

    Senior Member

    Join Date
    Jun 2007
    Location
    East Bay, CA
    Posts
    4,733

    Posted On:
    12/15/2008 11:23pm

    supporting member
     Style: Taijiquan/Shuai-Chiao/BJJ

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Ninja Claus
    Nope, Randall is correct that the statute of Limitations would potentially provide a valid defense in this case
    Yes, all sorts of things could potentially provide a defense -- not really relevant if we end up drowning the OP in but but buts before we even get to see, you know, evidence.

    Furthermore, the OP is interested primarily in an apology, which one need not sue to get. However, one does actually need to have been wronged -- which goes beyond the various counting methods alluded in that URL (which remains largely irrelevant unless we know how many print runs and editions the book has gone throught) or what a lawyer might say.
  9. Sam Browning is offline

    Join Date
    Apr 2003
    Location
    New England
    Posts
    9,864

    Posted On:
    12/15/2008 11:29pm

    hall of famestaff
     

    --
    Hell yeah! Hell no!
    The statute of limitations would be among the top potential defenses to a copyright claim in my personal judgement.

    Other issues to raise in a defense would be:

    Fair Use (this covers many potential sub defenses)
    Whether the plaintiff can establish proof that they own the copyright to the work in question.
  10. Rivington is offline
    Rivington's Avatar

    Senior Member

    Join Date
    Jun 2007
    Location
    East Bay, CA
    Posts
    4,733

    Posted On:
    12/15/2008 11:32pm

    supporting member
     Style: Taijiquan/Shuai-Chiao/BJJ

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Jonathan Randal
    My suggesting he avoid a confrontation before he knows where he stands is the best advice he's been given in this thread and failure to follow it could have grave repurcussions to the Original Poster. You do know what a countersuit is, don't you?.
    Why don't you actually read what the OP is saying before giving him advice -- advice based on ignorance of the book and what it may or may not contain.


    I used to edit a portrait magazine years ago (small, regional) and I encountered Intellectual Property Law issues frequently and, more than once, consulted with a qualified attorney.
    That's nice. I've been a writer and editor for twelve years, was involved in one of the more controversial publishing decisions in recent years, and currently deal with these issues every single day.

    Not more than once.

    Every single day.

    Quick who distributes the book? (Note, I'm not asking after the publisher.) How many copies did it sell this year according to Bookscan? How many printings has it been through ? When did it last go back to press? Is the book a POD title or offset? What's Maberry's common pseudonym? Who are the principals behind Strider Nolan?

    These are actual important issues that any "potential" issue of statute of limitations will have to navigate. That's kinda why waving around some random URL that says "maybe this, maybe that" and "some courts have said this, some courts have said that" has no actually existing value without access to this information. Access which I either have right on the spot, or can get fairly easily.

    Or, you know, you can just keep running in circles with arbitrary, abstract guesses.

    As you like.
Page 2 of 6 FirstFirst 12 3456 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Powered by vBulletin™© contact@vbulletin.com vBulletin Solutions, Inc. 2011 All rights reserved.