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Legal action against this site
#21
He's now twice taken down the Avatar in my Twitter account, under copyright violation of his Christopher Price dork photo. You can't even tell it's him, he's entire face is covered and painted blue with the modification of the Console Bot (image on this forum). I may fight it if I have time. It 1. Falls under fair use 2. Bears literally no resemblance to the original photo, as I'm pretty sure you can't copyright an outline of a face and 3. Everything is heavily modified, unlike his own company's products. 

HE LOVES THE THE DMCA TAKEDOWN!
Christopher Price Wrote:We're not going to ask our teammates in Europe to burn midnight oil to ship source code this weekend. Some cannot even leave their homes, and are under curfew. France is in a state of emergency.




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#22
(03-06-2016, 08:33 AM)Marys Goats Wrote: He's now twice taken down the Avatar in my Twitter account, under copyright violation of his Christopher Price dork photo. You can't even tell it's him, he's entire face is covered and painted blue with the modification of the Console Bot (image on this forum). I may fight it if I have time. It 1. Falls under fair use 2. Bears literally no resemblance to the original photo, as I'm pretty sure you can't copyright an outline of a face and 3. Everything is heavily modified, unlike his own company's products. 

HE LOVES THE THE DMCA TAKEDOWN!

Yes, I agree. It absolutely falls under fair use and is used for criticism and critical commentary. I believe that there are severe penalties for filing false DMCA takedowns as well.

(03-06-2016, 08:53 AM)Johniey Wrote: EDIT:  From the Copyright Web Site 1st one is with a Space, Second Without a Space, And third is Copyright By NAME....

You don't need to formally register a copyright. You automatically have a copyright on anything you create.

What Price is doing, however, is abusing the DMCA to claim copyright on fair use images.
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#23
You can also add the takedown request to this database (formally known as chillingeffects): https://lumendatabase.org/notices/new
There's also a feature to create a counter-notice.
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#24
So, those avatar images and site logo you created... well, CP says he owns them.

Not sure what happened to the second DCMA notice.  I haven't got that one yet.

Quote:From: Legal Department
Sent: Monday, March 7, 2016 8:42 AM
To:
Subject: Fwd: Third DMCA Complaint Against ConsoleOSRipoff.com

Please be advised that we have received notice (copy below) of alleged
infringement on your website.  Please remove or disable access to the
alleged infringing material within two business days, and provide written 
notice to us to that effect when completed.

Failure to eliminate or disable access to such alleged infringing material
within such time period could result in suspension or termination of your
website.  

Should you have further questions, please contact us.

Thank You,
Legal Team

NOTICE TO COMPLAINING PARTY:  Please review the above web site after the
expiration of the notice period, and notify us in the event you
determine that the alleged infringing material has not been eliminated or
that access to it has not been disabled, and we will take further action.

REPORT:
-------
---- Forwarded message ----
Subject: Third DMCA Complaint Against ConsoleOSRipoff.com
From: Console Developers <developers@mmv.mobi>
Date: Sat, 5 Mar 2016 19:50:53 -0800
To: Legal Department <legal@bluehost.com>

Dear Bluehost,

I, Christopher Price am the copyright holder for the DMCA complaint below. The content below is, based on information and belief, hosted by or on Bluehost servers.

Contact information:

Christopher Price
PO Box 6249
Chico, CA 95927

The following links and content, based on information and belief, constitute a violation of the Digital Millennium Copyright Act:

Link to infringing content: 

http://www.consoleosripoff.com/images/co...fflogo.gif
http://www.consoleosripoff.com/uploads/a...atar_1.jpg
http://www.consoleosripoff.com/uploads/a...tar_13.jpg
http://www.consoleosripoff.com/uploads/a...tar_10.png
http://www.consoleosripoff.com/uploads/avatars/Face.jpg
http://www.consoleosripoff.com/uploads/a...atar_3.jpg

Description of Infringing Material: Unauthorized reproduction and manipulation of a copyrighted photo, pursuant to the Berne Convention.
Description of Copyrighted Material: Photograph of Christopher Price, owned by Christopher Price.

I understand that, under 17 U.S.C § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly and materially misrepresent that reported material or activity is infringing.

I declare under penalty of perjury that I have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

I declare under penalty of perjury that the information above is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf.

/s/ Christopher Price
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#25
Wow, he should really consult a lawyer before continuing with this. Fair use defenses: commentary, transformative, et al. ESPECIALLY the one where the face is entirely blue. There is absolutely no way he can claim that wasn't done in bad faith. He's not the MPAA/RIAA, he won't get those kind of protections.
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#26
(03-07-2016, 11:56 AM)ach_ks Wrote: Wow, he should really consult a lawyer before continuing with this. Fair use defenses: commentary, transformative, et al. ESPECIALLY the one where the face is entirely blue. There is absolutely no way he can claim that wasn't done in bad faith. He's not the MPAA/RIAA, he won't get those kind of protections.

agree...BUT depends, there is president on that question I believe...

https://en.wikipedia.org/wiki/Fair_use#F...and_parody
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#27
The images are certainly 'fair use' and derivative, from my understanding.   Anyway, in the short term, I've reworked the site logo with the DMCA bot and have temporarily removed the avatars in question.  

I have a long term solution, but won't be able to work on it until this weekend.

Oh, and I was thinking of dropping a note to the fine folks at the Electronic Frontier Foundation.   They have a pretty strong record towards free speech and strong opinions towards the misuse of DMCA takedowns.  
https://www.eff.org/issues/ip-and-free-speech

And here is a funny Hall of Shame:
https://www.eff.org/takedowns
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#28
Here are some resources I've found:

Popehat

And New Media Rights (which I think you posted earlier). If we qualify for reduced fee services, "Content takedown assessment / Drafting of DMCA counternotice" costs $35. It is indeed wise to remove everything in the short term, however.

I (and I'm sure many others) would be happy to donate to a legal defense.
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#29
Funny that his excuse of filing a legal complaint eating up an entire day amounts to nothing more than an email saying "Hey, that's my picture."
Christopher Price Wrote:We have checkpointed and sent our GitHub rebase to staging
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#30
(03-07-2016, 11:51 PM)BackerX Wrote: The images are certainly 'fair use' and derivative, from my understanding.   Anyway, in the short term, I've reworked the site logo with the DMCA bot and have temporarily removed the avatars in question.  

I have a long term solution, but won't be able to work on it until this weekend.

The long term solution has been implemented.  The DMCA Takedown harassment situation has been resolved.  I won't be receiving any more notices from our hosting company.  Feel free to post whatever images and links you want (that relate to this concern).  The DMCA bot has been retired.

It's been rumored that Christopher Price once told Steve Jobs; "if you don't like the way the table is set, upturn the table" during a life-coaching session, held at an exclusive private retreat regally poised on the banks of the Russian River.    I can't vouch for the veracity of that quote, but Ani DiFranco is usually spot on with her story telling.

Anyway, I took those pearls of wisdom to heart.  Enjoy!
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