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From: Herb Smith  10/1/2003 2:12 pm 
To: Traveler321  (23 of 118) 
 5811.23 in reply to 5811.17 

Hey!  I'm famous.  As long as he spells my name right...

Tempest in a teapot anyone?

 
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From: webmaster1658  10/1/2003 2:23 pm 
To: notgarnet  (24 of 118) 
 5811.24 in reply to 5811.22 

he's using other people's words to create content to sell all that crap he has plastered everywhere on those pages.

 

 
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From: notgarnet  10/1/2003 2:40 pm 
To: webmaster1658  (25 of 118) 
 5811.25 in reply to 5811.24 

Gee, the site is rather seedy.  Lots of commercial stuff.. but its kind of funny and seems targeted to a select audience.  seems more like a joke for amazon affiliates than a serious attempt to attract the entire world to a joke about amazon statistics or hold anyone up to ridicule.  kind of an inside joke seems like.

Anyway, don't we all have commercial sites, selling - as it were- crap?

I hope my hand tools site will have a little more class, selling only high quality hand tools, including Japanese tools.  It'll be at www.shopforhandtools.us as soon as my ISP gets it set up.



Edited 10/1/2003 2:50:19 PM ET by shopforhandtools-us
 
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From: Robert Jacob  10/1/2003 2:44 pm 
To: notgarnet  (26 of 118) 
 5811.26 in reply to 5811.25 

I hope my hand tools site will have a little more class, selling only high quality hand tools, including Japanese tools.  It'll be at www.handtools.us as soon as my ISP gets it set up.

Will you have left-handed screwdrivers?

 

 
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From: notgarnet  10/1/2003 2:55 pm 
To: Robert Jacob  (27 of 118) 
 5811.27 in reply to 5811.26 

Yes, I'm including an entire section of left-handed tools for those that need them, including a line of left-handed monkey wrenches, sky hooks,

For boat owners I might carry a line of prop wash too!

BTW, the actual url is www.shopforhandtools.us - i couldn't get just handtools.

 

 

 

 
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From: Barbara Handley  10/1/2003 3:10 pm 
To: notgarnet  (28 of 118) 
 5811.28 in reply to 5811.22 

    I'm glad you stated that you are a writer and not an attorney; people giving legal advice can be sued for malpractice if there is any way one could interpret the advice as "legal advice".

I would have to be recommending a course of action for it to be advice.  Explaining the meaning of Fair Use or what happens if one files a DMCA complaint is not recommending a course of action.

Plus, the Amazon agreement is pretty clear that Amazon asserts a copyright for all of this content, so you'd have a standing problem. 

I don't see anywhere that Amazon claim for posts.  Quite the opposite, actually.  From the Friends and Favorites Guidelines

You understand that you shall remain solely liable for any and all information, text, images, photographs, graphics, e-mail addresses, Web pages, reviews, discussion board postings, and other materials ("Content") that you upload, download, or transmit to our Service.

and

The following non-exhaustive list details the kinds of conduct or Content that is prohibited:

  • The upload, download, or transmission of any Content that infringes the intellectual property rights or other proprietary rights of others, including, without limitation, copyright, trademark, patent, or trade secrets

They do assert a license to use reviews, but they don't claim the copyright.

Oh, as an aside, you don't sue in the county where he lives, you need a Civil procedure brush-up. 

You would if you were filing in small claims court.

Yes, parody permits far greater use of copyrighted material than any other use, however it does not permit the wholesale copying of things just because "I think it's funny."  When SNL made their parody of the Council of Elrond, they didn't just take the clip and redistribute and say "don't you think this is funny?"  They altered it and created a parody.

I don't think that this particular situation would be considered a parody.  Simply commenting that you think something is ridiculous before reproducing it in it's entirety doesn't make it a parody.

Barbara

 
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From: notgarnet  10/1/2003 3:49 pm 
To: Barbara Handley  (29 of 118) 
 5811.29 in reply to 5811.28 

No, actually stating your interpretation of the law as an absolute, and how the court might apply it to a particular situation again as an absolute - along with the suggestion that you file in small claims court - could well be seen as legal advice.  I have no problem with you giving legal advice, but that's what you are doing.

Remember that its not whether YOU think you are giving legal advice that is the key here.

You mention a term about liability. Liability is not copyright.  I was referring to the Amazon Conditions of Use where they specifically cover copyrights. 

IMO filing a federal case in small claims court would be the biggest gag of all.  The case would no doubt end up in Superior Court, might as well file there in the first place.

I appreciate that you don't think the site is a parody.  A court might, which is why people settle out of court - avoids the great unknown.

As an aside to webmasternnnn, I can't find a law that makes it illegal to profit from a parody.

All in all, the whole thing is di minimis, and not really worth any more effort.

Best Regards,

Bob

 

 
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From: Traveler321  10/1/2003 3:52 pm 
To: Herb Smith  (30 of 118) 
 5811.30 in reply to 5811.23 

Looks like he jumbled all our names but left yours alone so you could bask in your newfound glory.

Anyway I hope he donates what lil' money he makes off this to that cat he has. He would probably claim the cat did all this in the middle on the night anyways as we all know cats loose sleep.

 
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From: Bill Greer  10/1/2003 3:55 pm 
To: notgarnet  (31 of 118) 
 5811.31 in reply to 5811.29 
I smell a stuffed shirt.  blah blah blah, who gives a rat's ass.
 
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From: notgarnet  10/1/2003 4:15 pm 
To: Bill Greer  (32 of 118) 
 5811.32 in reply to 5811.31 

Seems like a whole discussion thread of stuffed shirts, Bill

 

 
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