Your group [email protected]
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On Sat, Jul 20, 2019 at 03:49 PM, Karen Rodriguez wrote:
Why is my group being removed?You need to read the site Terms of Service, as you should have before creating your group.? Specifically, the User Conduct section under Conditions of Use. /static/tos Duane -- Help: /static/help GMF's Wiki: /g/GroupManagersForum/wiki Search button at the top of Messages list A few site FAQs: /static/pricing#frequently-asked-questions |
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Karen,
Why is my group being removed?The message from Mark seems clear on the subject. A DMCA takedown notice is a formal (legal) document that notifies Groups.io that the site contains material that infringes the plaintif's copyright. Groups.io MUST take action when such a complaint is raised, or it risks losing its safe-harbor under U.S. copyright law, which would make Groups.io legally liable for the infringement. Why can't I fight it before they remove it?U.S. copyright law (in particular the Digital Millennium Copyright Act, "DMCA") does not allow that. The site owner must first remove the content. You CAN fight the removal by filing a "Put-Back" notice. The basis of your notice would have to be that you own the rights to the material or that you have a proper license to use it. So your option at this point would be to come to an agreement with the plaintiff to obtain the right to use their material. Then you can file the Put-Back notice. If you read my footer, I agreed to pay anyone if I accidentally sent aThe law does not allow Mark to take your word for it, nor does it allow him to leave the material in place while you work it out with the plaintiff. Shal -- Help: /static/help More Help: /g/GroupManagersForum/wiki Even More Help: Search button at the top of Messages list |
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Hello Karen
1. Yes, DMCA takedown notices are unfair and one-sided. It favours the party who has the most money. I also agree that it is unfair that your entire group is taken down just because *some* of your messages infringe on others' copyright. 2. That said, I since Groups.io doesn't have a big staff who can deal with each and every DMCA takedown request, and if a particular group seems to generate a lot such notices, at least I can understand that Groups.io might choose not to host the group anymore. 3. As for whether or not you actually do infringe on others' copyright, well, I have no doubt that **YOU DO**. I've also visited your group and found a lot of content of which I have no doubt that it infringes upon the creators' copyright. - You seem to believe that unless a tube or scrap kit has a clear copyright notice, then that tube or scrap kit is not copyrighted. - You seem to believe that it is okay to post copyrighted material as long as you put disclaimers in the post. - You also seem to believe that it is not your responsibility (as the group owner) to verify if anything sent to you (and reposted by you) are copyrighted, and that it is okay to "infringe first and apologise later". "I am NOT the creator of any tag, tube and/or scrap kit that I share."Adding this disclaimer to a post that infringes copyright does not cancel the infringement. "I am not responsible for what is shared with Me to SHARE WITH MY GROUPS."Actually, you are, especially if you're the one reposting it. "Every share is for entertainment purposes and we receive no financial gain."Despite what you seem to believe, this is no excuse to infringe on others' copyright. "If it is not marked 'PTU' or 'Do Not Share,' there is no way to knowNo, I'm afraid you misunderstand how copyright works. If it is not specifically marked "free to share", then it is not free to share. To put it differently, unless the creator specifically licensed you (generally or specifically) to repost the actual kit, then you do not have the right to post the kit. The fact that a creator says "PTU" or "do not share" is simply a reminder of their copyright. It is not required to have "PTU" or "do not share" added to a tube to make it copyrighted. And while we're on the topic, "FTU" means free to use, not "free from copyright". In other words, FTU content are free to use for personal digital scrapbooking, but that does not mean the pack itself can be freely sent to others. If you found a cool kit and you want to tell others about it, do it in the proper way, by sharing a URL to the creator's page, naming the creator, and telling your readers something about the creator and about why you think the kit is cool. I don't think there's a problem with sharing links to tube creators' web pages, but from what I can see, you're not doing that -- you're stealing the content and posting it on your group, and using their work to help you advertise your other sites. Samuel PS. I've had a look at your other groups, and you often (always!) post content that you did not create yourself, without any indication of where you found the content, who created the content, and whom your readers should contact for permission to use it. |
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Hi Samuel,
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Thank you for the clear and thoughtful response.
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As a person who values intellectual property content and its protection, I really appreciate the?
Effort you made with this post. ?I will save it.
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Kathleen
Kathleen DesMaisons, Ph.D.
This is Grace unfolding, you are?not alone. ?
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Karen,
Do you know how I can contact them?I do not. Perhaps there is contact information available at the location from which you "shared" these items. I am willing to pay for the tubes I shared accidentally.While that is admirable going forward, there are couple of things to note. First, be sure whatever license you obtain for these items permits you to share them with your group. A license "for personal use" is likely not sufficient. Second, the phrase "shared accidentally" nags at me. The sharing wasn't an accident. I think what you are trying to say is that you accidentally mistook a copyrighted work for one that is in the public domain. Be aware that in copyright law every literary or artistic work carries an automatic copyright at the moment of its creation, owned by the creator of the work. For the work to be available for free public use requires an explicit statement (license) by the owner of the copyright. This has been true for decades now in U.S. law, and in every country that conforms to the international agreement on copyrights (the Berne Convention). That does put a substantial burden on the person who wants to share a work that someone else created. For some kinds of works there are clearing houses that you can go to for licensing without needing to negotiate individually with the work's creator. I don't know what type of things these "tubes" are, but it may be more challenging to determine their ownership, especially if you are finding them in places where they've already been improperly shared. The best solution is as simple as it is disappointing: when in doubt, don't. Shal -- Help: /static/help More Help: /g/GroupManagersForum/wiki Even More Help: Search button at the top of Messages list |
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On 21/07/2019 21:37, Shal Farley wrote:
Karen wrote:According to Mark on the beta list, DMCA takedown notices received by Groups.io are forwarded to the group owner of the infracting group, so Karen should have received a copy of the notice, which presumably has contact information on it.Do you know how I can contact them?I do not. Samuel |
Duane
Shal Farley
Samuel Murray
KATHLEEN DESMAISONS