Clarification

[elfs]

All of my stories are and have always been under the Creative Commons "Attribution-NonCommercial-NoDerivs" license. I'm using Version 2 for all of my stories, but since I started publishing them the terms have been the same: you may reproduce my stories, but you may not sell the commercially, you may not alter, modify, or build on the text, and you must give attribution. I permit the variant "Attribution-NonCommericial-ShareAlike" for non-story-like-work (mostly to allow people to build role playing scenarios using Pendor-- popular, or so I'm told.).

I have never authorized commercial use of the Journal Entries, Aimee', or Bloody Beth. Anyone doing so is in violation of copyright law, and the current brouhaha is over a company that was a signatory to the Berne Convention.

I guess I could sue his butt. I don't know that it would be worth it. It's not like the site indicates he has assets.

Besides, click here and see how depressed I can get. Is it any wonder I'd rather move into print, and my attitudes towards piracy are changing?

Comments

[technoshaman.livejournal.com]

The way I see it, it's one thing to suck down something a fatcat monopoly won't sell you in the form you want it in, and use it just for yourself. Besides, the Dead and Jim Baen and such like have shown for years that that just raises the marginal sell rate of the real thing. I know I went out and bought a copy of The Grantville Gazzette today because I was able to read 1632 and 1633 in e-form for free.

Sucking something down and turning around and selling it, on the other hand, or posting it as your own and promoting yourself and your wares, that's just plain wrong. Given that the SOB has no assets, I see absolutely nothing wrong with taking it out of his hide, electronically or otherwise.

Fine line there, I know. But asshat here has definitely crossed it...

Honestly?

[norikos-author.livejournal.com]

I'd go after him. Yeah, he probably doesn't have any assets -- but he might. And a high-profile win might make others think twice.

I know that if I ever find someone doing something this blatant, I _will_ take them to court (unless I'm broke at the time and can't afford the lawyer). ISTR that if you register your copyrights _before_ you file, you can get the statutory damages (except that I think he's in Britain, so I have no idea how it works there).

Hmm. I may know some people who'd know; I can ask if you want.

Re: Honestly?

[(Anonymous)]

I'd go after him. Yeah, he probably doesn't have any assets -- but he might. And a high-profile win might make others think twice.

Yup. Just ask Larry Niven. :)

Re: Honestly?

[norikos-author.livejournal.com]

Heh.

Actually, though, there's a difference between fanfic (even fanfic that the author hates) and _selling someone else's work_.

For the latter case, I prescribe a baseball bat and the perpetrators fingers, arms, and legs. Followed by a Teletubbies marathon now that they can't get away or turn the tv off.

Re: Honestly?

[technoshaman.livejournal.com]

No, not Teletubbies.

Barney.

Re: Honestly?

[omahas.livejournal.com]

You apparently don't understand that situation very well, or you wouldn't have stepped your foot in something that smelly. Elf wrote fanfic in that universe until Niven informed him that he didn't want that to occur (because, let's be honest, Niven is homophobic), and Elf turned around and rewrote his stories in his own universe which is totally apart from Niven's.

There is only one story that is still set in Niven's universe, and it is perfectly fine in that universe under the parody laws.

Any other questions, or are you just trolling?

Re: Honestly?

[kengr]

Alas, you have to register the copyright before the act of infringement to be able to collect statutory damages.

On the other hand a simple letter from a lawyer to the jerk's ISP will *require* them to pull the material off his website. To put it back will require *him* going to court.

Of course, if the hosting site is outside the US, then that doesn't apply.

[amberleewriter.livejournal.com]

After our short email exchange a while back, I was fairly sure this person was crossing the line. I know that you go hunting (such as the link you have above, and the one that managed to put you at yaoiville.net) but didn't know if you had seen this particular "problem" and when Lori noted in her post that your work was included I figured I'd better leave a comment as a heads-up.

It's your work, Elf, and it's up to you how you deal with it. In any case if you need a fin for postage or a lawyer fee I'll be happy to toss in my Lincoln.

[xlana.livejournal.com]

Count me in as a contributor to the defense fund.

http://www.copyright.gov/ is a good place to start when researching your intellectual property rights. I started there with my current battle with a client who has refused to pay for the use of one of my designs.

You might enjoy this quote from the website's FAQ:

"When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. "

Therefore, Elf, your works have been protected since you saved them to your computer. Good luck.

I like kengr's suggestion about contacting the violator's ISP.

[fallenpegasus]

Send DMCA takedown notices to the ISPs of those websites.

You don't have to be a lawyer to do it, the form letters that the MPAA et al use are all over the net.

You might as well use that odious law for some good.

[elfs.livejournal.com]

Yeah, that's ironic. I guess I could do it, though.

karla devita

[(Anonymous)]

you wrote:
> Current Music: Karla DeVita, Bloody Bess

karla devita? of salt lake city? she's a lesbian. a hooker but
she's as gay as thalia assuras.

re: karla devita, thalia assuras

[(Anonymous)]

email:

karla devita : karla.devita@schools.utah.gov
thalia assuras : mdzito@cbs.com

thalia assuras

[(Anonymous)]

never was - never is and never will be gay