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NY Times Article issue continued This is cute

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Chris Taylor Jr - 27 Feb 2004 21:54 GMT
Looks like someone snitched on me to my ISP about me posting the article
from ny times.

note I am still here. in fact he (the voicenet employee responding) found NO
issue to take action on.

I also sent THIS in reply. the trolls waisting voicenet's should take head
and read this

Hey Hi Mr (do not want to publically post his name that is not appropiate)

Just a friendly FYI

I quote

>A Posting a New York Times article in a non-commercial newsgroup
>environment for the purpose of discussion is permitted only if it is not
>possible to link to the article on www.nytimes.com. It is not permitted,
>even in a newsgroup environment, to create an archive of New York Times
>articles. New York Times articles posted in compliance with this policy
>must be removed within 30 days, and include the following copyright notice

I also quote Fair Use law. just in case it comes up.

first the posting was fair use. Second it complied with the NYtimes
conditions above since you CAN NOT link to the article on nytimes.com "and"
I am not "archiving" since the newsgroup time to death is likely under 30
days.

IE I am in full compliance with both the fair use laws of the united states
of american (which by the way supercede and override any nytimes
"conditions") but as a bonus I am also in comliance with the nytimes
conditions.

Just wanted to clarify.

Trolls like to have fun on newsgroups.

Chris Taylor
http://www.nerys.com/
Jean M. - 27 Feb 2004 22:17 GMT
>Looks like someone snitched on me to my ISP about me posting the article
>from ny times.

How childish. Who got the last laugh? :-)
Chris Taylor Jr - 28 Feb 2004 04:20 GMT
Well no one got the last laugh. the NY times actually replied to me as well
saying my points were wrong so I gave them an education in federal law
(forum rules can not override federarl law)

he said the rules were the point of copyright law. I mention that hello FAIR
USE IS COPYRIGHT LAW :-) hehehe

I am awaiting his reply. I told him quite simple that 1 NO link is available
to the article. when I click on the link I do not get an article I get a log
in page.

second I could simple OCR the article from the actual paper and be 100%
withing the rules of the law and fair use AND totally bypass any issues with
nytimes.com account agreements regardless of legalities etc.. etc.. etc..

They will never say I am right. but they will do nothing about it since they
know I am. (I will protect what little rights I have left with every ounce
of strength in my body)

point is the troll who reported me waisted my time. waisted the nytimes time
and waisted voicenet's time since NOTHING came of it except a bunch of time
waisting.

so the troll did not get the last laugh. just a bunch of time waisting.

Chris Taylor
http://www.nerys.com/

> >Looks like someone snitched on me to my ISP about me posting the article
> >from ny times.
>
> How childish. Who got the last laugh? :-)
JC Der Koenig - 28 Feb 2004 04:23 GMT
"Time waisting"?

> Well no one got the last laugh. the NY times actually replied to me as well
> saying my points were wrong so I gave them an education in federal law
[quoted text clipped - 28 lines]
> >
> > How childish. Who got the last laugh? :-)
Chris Taylor Jr - 28 Feb 2004 10:44 GMT
Nitpicker.

you KNOW that I meant time wasting so why did you BOTHER to make such a
reply ?

and how about some trimming when you reply.

Chris Taylor
http://www.nerys.com/

> "Time waisting"?
JC Der Koenig - 28 Feb 2004 13:17 GMT
Why don't you eat less and exercise more?

Some things in life remain mysteries.

Signature

Someone on my forum claimed to have gained 30 lbs in 3 months eating
800-1000 calories/day.

In the FFID universe, 800 cal can magically cause weight gain.

Lyle

> Nitpicker.
>
[quoted text clipped - 7 lines]
>
> > "Time waisting"?
Chris Taylor Jr - 29 Feb 2004 05:55 GMT
my mass which is 74 pounds lower than it was previously speaks for itself.

go away troll

I eat less. I eat better and I excercies WAY more than most people. hence my
rapid weight loss.

Chris Taylor
http://www.nerys.com/

was 415 now 344 and still going strong.

> Why don't you eat less and exercise more?
>
> Some things in life remain mysteries.

> > you KNOW that I meant time wasting so why did you BOTHER to make such a
> > reply ?
> >
> > and how about some trimming when you reply.
carla - 28 Feb 2004 14:24 GMT
> Well no one got the last laugh. the NY times actually replied to me as well
> saying my points were wrong so I gave them an education in federal law
[quoted text clipped - 12 lines]
>
> They will never say I am right.

That's because you arent't.  I'm curious, where did you get your law degree?
Because your understanding of U.S. copyright law is quite different from
mine.

carla
Chris Taylor Jr - 29 Feb 2004 05:56 GMT
Never claimed to have one. but since ignorance of the law is not a valid
excuse for it I should keep myself at least vaugley familiar with the parts
of it that pertain to me.

where did you get yours ? and if you do have one you should ask for a
refund.

Chris Taylor
http://www.nerys.com/

> That's because you arent't.  I'm curious, where did you get your law degree?
> Because your understanding of U.S. copyright law is quite different from
> mine.
>
> carla
Bob (this one) - 29 Feb 2004 09:02 GMT
> Never claimed to have one. but since ignorance of the law is not a valid
> excuse for it I should keep myself at least vaugley familiar with the parts
> of it that pertain to me.

Vaugley?

That's your basic problem, lightweight. You're only distantly familiar
with the concepts behind fair use. And, like she says, you're
completely wrong about all of it.

Pastorio

> where did you get yours ? and if you do have one you should ask for a
> refund.
[quoted text clipped - 10 lines]
>>
>>carla
carla - 29 Feb 2004 15:08 GMT
> Never claimed to have one. but since ignorance of the law is not a valid
> excuse for it I should keep myself at least vaugley familiar with the parts
> of it that pertain to me.

"Ignorance of the law is not a valid excuse for it"?  For what?  At any
rate, what I and others have been trying to tell you here is that you need
to be a bit more than "vaguely" familiar with the law you are claiming to
understand.  It is precisely the vagueness of your familiarity that is
rendering you completely wrong.

> where did you get yours ? and if you do have one you should ask for a
> refund.

Haha, that's cute.  Funny, I haven't yet had any complaints from my clients
or the more senior attorneys who supervise my work.  And my degrees and
experience are readily available to anyone who spends fifteen seconds
searching google for them.

Oh yeah, and attempting to insult me doesn't make you any more right.

carla
(who should point out that any opinions expressed here are her own)
Chris Taylor Jr - 02 Mar 2004 06:16 GMT
never said it did but you felt the need to insult me so I had this
compulsive desire to insult you back. tit for tat or whatever it is.

Chris Taylor
http://www.nerys.com/

> Oh yeah, and attempting to insult me doesn't make you any more right.
>
> carla
> (who should point out that any opinions expressed here are her own)
carla - 02 Mar 2004 12:38 GMT
> never said it did but you felt the need to insult me so I had this
> compulsive desire to insult you back. tit for tat or whatever it is.

Where did I insult you?  I merely expressed my observation that your legal
education seemed quite different from mine.  You claimed such authority
about copyright law that it was not unreasonable for me to inquire into your
background.  As to compulsive desires to respond in kind, gaining control
over our compulsions is what makes us civilized, isn't it?

carla
Chris Taylor Jr - 02 Mar 2004 21:03 GMT
that is not what you said. please reread your own post. you attacked me so I
responded in kind.

if you do not consider what you did attacking then you really need to work
on some tact.

So if someone punches me in the face NOT busting their face open in return
for the favor would be good since I am controling my compulsive desires.

I don't what kind of upbringing or childhood you had but it was likely very
sheltered if you beleive this.

when someone trashes you verbally or physically you MUST stand up for
yourself otherwise you will be slaughtered. period.

I claim authority over only  my thoughts and what I think is right. if I
think the law is wrong I FIGHT the law. that is my duty as an american
citizen.

if I think I am right I will fight for that. that is just being human.

from as long as I can remember till around 10th grade I was a total
passifist. I NEVER fought back period. I let the kid across the street pound
my head into the ground till it bled without resistance. I let the kids at
school pick on me and beat on me without resistance.

if you hit me and i hit you what is your only thought. to hit me back. its
an endless loop.

well it got worse and worse it never let up. NOT standing up foryourself and
what you beleive in will always lead to a losing battle. people FEED Off
that kind of thinking and action (or inaction in this case)

middle of 10th grade I pummeled the kid who sucker punched me in the face. I
hit him one time and cracked his head into the wall behind him.

the very next day another kid kicked me from behind. I turned around and
kicked him in the gut so hard that he left contact with the ground and puked
on the floor where he landed.

I never had to hit another kid again for the rest of high school. I was also
NEVER hit again by any kid in highschool. the teasing virtually vanished.
sure it still happened in the background here and their but by and large it
was gone. I was no longer a valid "safe" target for the bullies.

that was when it hit me. its not fighting back that solves the problem. its
fighting back to the point where it is definately NOT worth their while to
pursue the endeavor any longer.

that was the last day I was a passifist.

I fight for what I believe is right with all the fiber in my body. period.
if I am attacked I retaliate 10 fold in return. all or nothing.

just the way I am.

sadly this technique does not work online. the anonymity of an online forum
means people can do what they like without recourse from the ones they
attack.

sadly the ONLY way to stop it is to "go away" and that many times is simply
not an acceptable option. O well. I fight when I am in the mood ignore when
I am not in the mood.

Chris Taylor
http://www.nerys.com/

> Where did I insult you?  I merely expressed my observation that your legal
> education seemed quite different from mine.  You claimed such authority
[quoted text clipped - 3 lines]
>
> carla
carla - 03 Mar 2004 03:12 GMT
> I don't what kind of upbringing or childhood you had but it was likely very
> sheltered if you beleive this.

[snip the remainder of a very peculiar and rambling post about ... well, I'm
not sure what it's about.]

Well, folks, I tried.

I hope you all enjoyed learning a bit about copyright law.

carla
The Queen of Cans and Jars - 03 Mar 2004 05:10 GMT
> > I don't what kind of upbringing or childhood you had but it was likely
> very
[quoted text clipped - 4 lines]
>
> Well, folks, I tried.

it's a waste of time with this one, but you made a valiant effort.

> I hope you all enjoyed learning a bit about copyright law.

i did, but i'm a geek like that.
Dawn Taylor - 03 Mar 2004 05:35 GMT
>[snip the remainder of a very peculiar and rambling post about ... well, I'm
>not sure what it's about.]
>
>Well, folks, I tried.

He doesn;t learn from kindness, he doesn't learn from correction and
he doesn;t learn from being hit repeatedly with the Giant Cluebat.

There's only so much you can do.

>I hope you all enjoyed learning a bit about copyright law.

I know I did. But I'm in the business. Oh, and I have a brain larger
than a hazelnut.

Dawn
Roger Zoul - 27 Feb 2004 22:19 GMT
:: Looks like someone snitched on me to my ISP about me posting the
:: article from ny times.
[quoted text clipped - 26 lines]
:: nytimes.com "and" I am not "archiving" since the newsgroup time to
:: death is likely under 30 days.

Not that this is any kind of issue with me, but what does htis "time to
death" statement mean?
Would not google be the same as archiving?

:: IE I am in full compliance with both the fair use laws of the united
:: states of american (which by the way supercede and override any
[quoted text clipped - 7 lines]
:: Chris Taylor
:: http://www.nerys.com/
Chris Taylor Jr - 28 Feb 2004 04:21 GMT
Sorry I had a brain fart at the time and could not think of the proper term.
IE retention.

most ng's retention time is under 30 days and therfore not an issue to the
Nytimes rules (legal or otherwise)

sorry about that.

Chris Taylor
http://www.nerys.com/

> Not that this is any kind of issue with me, but what does htis "time to
> death" statement mean?
> Would not google be the same as archiving?
MereMale - 28 Feb 2004 23:52 GMT
>Sorry I had a brain fart at the time and could not think of the proper term.
>IE retention.

You should have just left it at "could not think".......!!

>most ng's retention time is under 30 days and therfore not an issue to the
>Nytimes rules (legal or otherwise)
>
>sorry about that.
sorry about what ?  the fact your Momma left the birth canal
open whilst hurrying off to do the shopping, leaving you to
drop out on th e street !
what hurts most, the results of the fall or the fact that
Momma NEVER CAME BACK !

FFS, can you blame her?..i mean really.....!

FWIW, Giga provides some 90+ days retention on text in many
groups but that is not the point.
ever heard of Deja,, goggle maybe?..then there are all the
private archives under maintenance.
u really are new to all this really complex intaynet stuff
huh?
Dawn Taylor - 27 Feb 2004 23:06 GMT
>Looks like someone snitched on me to my ISP about me posting the article
>from ny times.
>
>note I am still here. in fact he (the voicenet employee responding) found NO
>issue to take action on.

Don't you ever get just a teensy bit weary of being a complete horse's
a.s?

Dawn
Chris Taylor Jr - 28 Feb 2004 04:30 GMT
We live in what is supposed to be a free country. people DIED so that I
could "enjoy" the benifit they died for.

I WILL do my duty to do what I can to uphold that tradition. I can not serve
in the military (that was my original plan to join the airforce even went
through CAP and SAR membership and training. even got my mitchell ad 1st lt
in CAP only to get rejected because I am half blind :-) (can not see out of
one eye and the other is not the greatest :-)

I will however do anything else I can to PROTECT the RIGHTS you and I so
enjoy in this country even as they are STRIPPED from us one by one.

What I did was the nytimes article is actually FUNDIMENTAL to the purpose of
FAIR USE rights.

I quote right from the fair use law (just google it)

"Fair use is a copyright principle based on the belief that the public is
entitled to freely use portions of copyrighted materials forpurposes of
commentary and criticism. For example, if you wish to criticize a novelist,
you should have the freedom to quote a portion of the novelist's work
without asking permission. Absent this freedom, copyright owners could
stifle any negative comments about their work. "

Comentary and Criticism etc.. THAT is exactly the purpose of what I did.

now even in this case of commentary and criticism even if for personal non
profit use you can not use the ENTIRE WORK only an excerpt. that is to
prevent unintended side effect of depriving the proper owner of potential
income. ie if I were to quote that entire ISSUE of the ny times why would
people go and buy it ?

hence why I only quote the few paragraphs relevant to our commentary and
criticism.

note this part :"freedom to quote a portion of the novelist's work without
asking permission"

IE I DO NOT NEED nytimes permission to do this and they can not STOP me
legally from doing this regardless of what their "rules" may or may not say.

I do not have to remove it in 30 days. it does not matter if its linkable
(which its not) etc.. thats all means nothing.

private rules can not supercede federal law. federal law always kings
private rules.

if I open a night club I can not MAKE "rape" legal in my contract that you
sign. I can not make "assault and battery" legal.

even if you SIGN your name saying I have the right to beat the piss out of
you I am still breaking the law if I do since the law supercedes the
contract. it basucally nullifies that portion of the contract. IE the law
trumps the rules if their is a conflict.

what I did was fair use and nothing can legally stop me from doing it. they
can off course stop me. cancel my account etc.. but that is unlikely since
what I did was legal.

easy solution ? allow people to read it without a mandatory log in. it would
STILL be legal for me to do what I did but why bother when its so much
easier to just link it.

Chris Taylor
http://www.nerys.com/

> Don't you ever get just a teensy bit weary of being a complete horse's
> a.s?
>
> Dawn
JC Der Koenig - 28 Feb 2004 04:40 GMT
"FUNDIMENTAL"?

> We live in what is supposed to be a free country. people DIED so that I
> could "enjoy" the benifit they died for.
[quoted text clipped - 66 lines]
> >
> > Dawn
Bob (this one) - 28 Feb 2004 05:15 GMT
> "FUNDIMENTAL"?

Yeah. It's like, um, BASE-IKLY.

Got a PROBELM widdat?

Poor sap Chris...

Pastorio

>>We live in what is supposed to be a free country. people DIED so that I
>>could "enjoy" the benifit they died for.
[quoted text clipped - 22 lines]
>
>>FAIR USE rights.
JC Der Koenig - 28 Feb 2004 13:08 GMT
Praps he's frum da Bronx?

> > "FUNDIMENTAL"?
>
[quoted text clipped - 32 lines]
> >
> >>FAIR USE rights.
carla - 28 Feb 2004 14:39 GMT
> I quote right from the fair use law (just google it)
>
[quoted text clipped - 4 lines]
> without asking permission. Absent this freedom, copyright owners could
> stifle any negative comments about their work. "

This isn't a quotation "right from the fair use law."  This is someone's
commentary on that law, from an article published by Stanford University Law
School:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/   And
it doesn't apply to your reproduction of copyrighted works in their
entirety.  You may keep insisting that the copyright lies only in the
newspaper as a whole, but you will continue to be wrong.

"The fair use law" is a section of a statute together with an enormous body
of case law intepreting and applying that statute.  Commentary is not law.

> Comentary and Criticism etc.. THAT is exactly the purpose of what I did.
>
[quoted text clipped - 3 lines]
> income. ie if I were to quote that entire ISSUE of the ny times why would
> people go and buy it ?

Your error arises from your erroneous assumption that quoting an entire
article is appropriate because it is only a tiny portion of the bulk of the
newspaper.  First of all, it is likely that the article is itself the
subject of a copyright, so you have reproduced a copyrighted work in its
entirety.  Second, reproduction of the entire article is distinguishable
from allowed reproductions of portions of a work that convey a flavor or
representative sampling of that work without reproducing the text of the
work as a whole.

By the way, I'm not interested in stopping you from these violations of
others' copyrights - you may do as you like.  But I do have an interest in
preventing the propagation of common misconceptions about intellectual
property law, such as yours.

carla
Chris Taylor Jr - 29 Feb 2004 05:58 GMT
That could very well be. I am still researching that issue (yet to find
anything conclusive. got any good links ?)

Until then though I will retain my current interpritation. (no offense)

Chris Taylor
http://www.nerys.com/

> Your error arises from your erroneous assumption that quoting an entire
> article is appropriate because it is only a tiny portion of the bulk of the
[quoted text clipped - 11 lines]
>
> carla
carla - 29 Feb 2004 15:12 GMT
> That could very well be. I am still researching that issue (yet to find
> anything conclusive. got any good links ?)
>
> Until then though I will retain my current interpritation. (no offense)

There you go, Chris.  That's so much better.  It wasn't that hard to be
civil, was it?

I don't know of any links, because my understanding of copyright law came
from casebooks, lectures, and practical experience, not from a website.  But
if I find something I'll be sure to let you know.

carla
carla - 29 Feb 2004 15:19 GMT
> > That could very well be. I am still researching that issue (yet to find
> > anything conclusive. got any good links ?)
[quoted text clipped - 7 lines]
> from casebooks, lectures, and practical experience, not from a website.  But
> if I find something I'll be sure to let you know.

Chris, here's a blurb from the U.S. Copyright office discussing the rule
that a contribution (such as a newspaper article) to a collective work (such
as a newspaper) is entitled to a separate copyright registration from the
registration of the collective work.
http://www.copyright.gov/fls/fl104.html

Note that under the current copyright law, registration is *not* required in
order to have a valid copyright.  Copyright subsists in the work the moment
it is fixed in a tangible medium.  Registration provides certain benefits
regarding enforcement and proof.  Nevertheless, if an article is entitled to
a separate registration it certainly follows that the article is the subject
of a separate copyright.

carla
Chris Taylor Jr - 02 Mar 2004 06:24 GMT
Thanks but I already knew that.

its not a question of whether the article is copyright. its printed therfore
its copyrighted.

I imagine that the nytimes has a copyright holding on it as well does the
actual author of the individual article.

the question is regardless of specific wording IS copying an article like I
did for the purpose of what I did it for "fair use"

IE what would a judge say if this was prosecuted.

I am confident he would tell the nytimes to get a life and pick on bigger
fish.

I am looking for any information (previous case law ??) that is related to
this kind of thing. I would imagine this issue would have gone in front of a
judge at some point. its so common I just figure their must be info
somewhere.

Still digging. my dad has a lawyer so I sent him the info. he is not overly
familiar with copyright law though but said he would let me know if he finds
someone who is and forward the question to him. hopefully something will
come of that.

Chris Taylor
http://www.nerys.com/

> Chris, here's a blurb from the U.S. Copyright office discussing the rule
> that a contribution (such as a newspaper article) to a collective work (such
[quoted text clipped - 10 lines]
>
> carla
Bob (this one) - 02 Mar 2004 08:50 GMT
> Thanks but I already knew that.
>
> its not a question of whether the article is copyright. its printed therfore
> its copyrighted.

It doesn't have to be printed to be copyrighted. It only needs to be
"created."

> I imagine that the nytimes has a copyright holding on it as well does the
> actual author of the individual article.

You "imagine" it...? You don't know and you're still arguing for a
position where you can violate it?

> the question is regardless of specific wording IS copying an article like I
> did for the purpose of what I did it for "fair use"

Fair Use says you can use excerpts. NOt the whole piece, as I've said
several times and which you haven't checked. I also suggested you call
the attorney of *any* newspaper (or magazine) and see how they react
to your action and justification. I note you haven't done that, either.

> IE what would a judge say if this was prosecuted.

The judge would tell you that copying the *complete* work is an
infringement on the owner's copyright.

> I am confident he would tell the nytimes to get a life and pick on bigger
> fish.

Based on what you "imagine" and your self-serving interpretation of a
subject that's very well studied and documented.

> I am looking for any information (previous case law ??) that is related to
> this kind of thing. I would imagine this issue would have gone in front of a
> judge at some point. its so common I just figure their must be info
> somewhere.

Carla posted case law references about it and you made several
comments that show you don't get what she was saying.

On the other hand, you haven't posted anything that said it's ok to
take a whole article from a newspaper for a fair use application.

> Still digging. my dad has a lawyer so I sent him the info. he is not overly
> familiar with copyright law though but said he would let me know if he finds
> someone who is and forward the question to him. hopefully something will
> come of that.

I'm sure everyone will hold their collective breath for you to *ever*
admit an error or misunderstanding.

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 28 lines]
>>
>>carla
Chris Taylor Jr - 02 Mar 2004 20:47 GMT
Below

> It doesn't have to be printed to be copyrighted. It only needs to be
> "created."

Negative I think therfore it is created. Thoughts can not be copyrights. it
has to be printed. (regardless of what media web site paper e-mail movie
etc..) it has to be made REAL.

> > I imagine that the nytimes has a copyright holding on it as well does the
> > actual author of the individual article.
>
> You "imagine" it...? You don't know and you're still arguing for a
> position where you can violate it?

I never said I did not violate it. I simple believe that I am ALLOWED to
violate it under the fair use law.

> Fair Use says you can use excerpts. NOt the whole piece, as I've said
> several times and which you haven't checked. I also suggested you call
> the attorney of *any* newspaper (or magazine) and see how they react
> to your action and justification. I note you haven't done that, either.

I contend that it would quality as a legitimate excerpt. calling their
attorneys would do nothing of course they will say no. thats their job.

> > IE what would a judge say if this was prosecuted.
>
> The judge would tell you that copying the *complete* work is an
> infringement on the owner's copyright.

you are limiting the variables. I believe in my case it would be fair use.

> Based on what you "imagine" and your self-serving interpretation of a
> subject that's very well studied and documented.

please by all means if its well studies and documented PLEASE cite such
studies and documentation.

> Carla posted case law references about it and you made several
> comments that show you don't get what she was saying.
>
> On the other hand, you haven't posted anything that said it's ok to
> take a whole article from a newspaper for a fair use application.

Her case law was not the same conditons as THIS circumstance. period. I have
already stated that.

I also said that I BELIEVE this to be correct and that I am also LOOKING for
relevant case law (it may very well be that none yet exists)

> > Still digging. my dad has a lawyer so I sent him the info. he is not overly
> > familiar with copyright law though but said he would let me know if he finds
[quoted text clipped - 3 lines]
> I'm sure everyone will hold their collective breath for you to *ever*
> admit an error or misunderstanding.

only if I can prove that I am in error. taking YOUR say so on the issue is
simply not an option.

I say the sky is purple. are you going to take my word for it or are you
going to first LOOK at the sky ?

Chris Taylor
http://www.nerys.com/
Bob (this one) - 03 Mar 2004 01:07 GMT
> Below
>
[quoted text clipped - 4 lines]
> has to be printed. (regardless of what media web site paper e-mail movie
> etc..) it has to be made REAL.

It has to be in a permanent medium. It can be written with a pencil,
it can be spoken into a recording device, it can be scratched into the
plaster of a wall...

>>>I imagine that the nytimes has a copyright holding on it as well does
>> the actual author of the individual article.
[quoted text clipped - 11 lines]
>
> I contend that it would quality as a legitimate excerpt.

Excerpt, n. an extract; a passage selected or quoted from a  book,
article, etc.

Note that excerpts can only be *part* of an article. NOt the whole of it.

> calling their
> attorneys would do nothing of course they will say no. thats their job.

<LOL> Their job is to point out the law. Your job is to ask for
supporting documentation. So this means that you won't ask anyone
knowledgeable in the field. You're going to continue to guess and
scramble around still trying to justify your theft.

>>>IE what would a judge say if this was prosecuted.
>>
>>The judge would tell you that copying the *complete* work is an
>>infringement on the owner's copyright.
>
> you are limiting the variables. I believe in my case it would be fair use.

<LOL> It's not me that's "limiting the variables" (as though that
means anything!), it's what fair use says. Quotes of *excerpts* are
permissible in certain circumstances.

>>Based on what you "imagine" and your self-serving interpretation of a
>>subject that's very well studied and documented.
>
> please by all means if its well studies and documented PLEASE cite such
> studies and documentation.

How many times are you going to ignore what's been already cited?

>>Carla posted case law references about it and you made several
>>comments that show you don't get what she was saying.
[quoted text clipped - 4 lines]
> Her case law was not the same conditons as THIS circumstance. period. I have
> already stated that.

Your statements have been utterly wrong from the beginning. Your
knowledge is desperately lacking and your logic is even worse.

> I also said that I BELIEVE this to be correct and that I am also LOOKING for
> relevant case law (it may very well be that none yet exists)

Read this carefully: There *is* no case law that will support your
republishing the entirety of a work without permission.

>>>Still digging. my dad has a lawyer so I sent him the info. he is not
>  overly familiar with copyright law though but said he would let me know if he
> > finds someone who is and forward the question to him. hopefully something will
>>>come of that.

<LOL> Right. It's called "humor the wacko kid of the client so he'll
go away and leave the grownups to their work."

>>I'm sure everyone will hold their collective breath for you to *ever*
>>admit an error or misunderstanding.
>
> only if I can prove that I am in error.

Only if YOU can prove that you are in error? How hilarious is that?
<LOL> YOU can prove yourself in error...

> taking YOUR say so on the issue is
> simply not an option.
>
> I say the sky is purple. are you going to take my word for it or are you
> going to first LOOK at the sky ?

See how ridiculous you can get? You seem to think that only what you
can actually grasp with your senses is going to have merit. So any
sort of scholarship is out of the question? Anything that demands
secondary sources is out? Anything that relies of precedent and
historical records is out? <LOL> Look at the not-so-noble savage...

Pastorio
Chris Taylor Jr - 03 Mar 2004 07:02 GMT
Below

> > Negative I think therfore it is created. Thoughts can not be copyrights. it
> > has to be printed. (regardless of what media web site paper e-mail movie
[quoted text clipped - 3 lines]
> it can be spoken into a recording device, it can be scratched into the
> plaster of a wall...

symantics ? you just repeated exactly what I said. at that time its becomes
REAL. no longer just though why exactly did you feel the need to repeat what
I said with different words ?

> See how ridiculous you can get? You seem to think that only what you
> can actually grasp with your senses is going to have merit. So any
[quoted text clipped - 3 lines]
>
> Pastorio

But we are not taling about secondary sources or historical records. we are
talking about YOUR say so. that is commonly reffered as hearsay I believe or
something similar.

SHOW ME these secondary sources and historical records. tell me how to
access them.

like I said if I CAN indipendantly verify the for myself ....

I never said I would not accept them I only said I would not accept your
simple say so in the matter.

once again spinning things.

keep it up if you spin fast enough maybe you will fly apart and save us all
the grief.

Chris Taylor
http://www.nerys.com/
MereMale - 02 Mar 2004 12:30 GMT
>Still digging. my dad has a lawyer so I sent him the info. he is not overly
>familiar with copyright law though but said he would let me know if he finds
[quoted text clipped - 3 lines]
>Chris Taylor
>http://www.nerys.com/

you Still at it !
sheesh,, I am pharkun glad you were not around in 1972.
we would still be calling freedom fighters GOOKS !

seems to be standard protocol when the sh.t rises above
ankle depth in your part of the globe - call DAD !

keep hoping son, that call may well come :- ^
like the rest of the world we are hoping someone else will
call DAD and get us the Phark outa  Towel Town !

no response needed folks. just a troll on a TroLL.
carla - 02 Mar 2004 12:45 GMT
> Thanks but I already knew that.
>
> its not a question of whether the article is copyright. its printed therfore
> its copyrighted.

No - it is *written* therefore it is copyrighted.

> I imagine that the nytimes has a copyright holding on it as well does the
> actual author of the individual article.

Well, the New York Times probably owns the copyrights on the individual
articles, either under the "work for hire" doctrine or under contractual
arrangements with its authors.  The latter may vary.

> the question is regardless of specific wording IS copying an article like I
> did for the purpose of what I did it for "fair use"

No.  But that's what the rest of this thread is about.

At any rate, your original argument was that copying the article in toto was
fair use because it was only a tiny portion of the entire copyrighted work,
the newspaper.  You now seem to understand that this argument is not
correct, so that is some progress after all.

> IE what would a judge say if this was prosecuted.

"Prosecuted" is not precise language because we are talking about civil
rather than criminal penalties.  But that's really of no consequence.

> I am confident he would tell the nytimes to get a life and pick on bigger
> fish.

There is no "bigger fish" doctrine in copyright law.

> I am looking for any information (previous case law ??) that is related to
> this kind of thing. I would imagine this issue would have gone in front of a
> judge at some point. its so common I just figure their must be info
> somewhere.

I gave you one.  You attempted to distinguish it, and in my opinion your
distinctions were not persuasive.  See Bob's excellent reply to your post,
to which I saw no need to add my own comments.

> Still digging. my dad has a lawyer so I sent him the info. he is not overly
> familiar with copyright law though but said he would let me know if he finds
> someone who is and forward the question to him. hopefully something will
> come of that.

Do let us know.  I am a lawyer and I *do* practice in the intellectual
property field.  As I said elsewhere in the thread, if you were my client -
which you are not - I would strongly advise you against the course of
conduct you propose.  Of course, you would be free to do whatever you like
with that advice.

carla
Chris Taylor Jr - 02 Mar 2004 06:20 GMT
I did not start off with the insulting. you guys did.

when attacked I get defensive. its human nature. hell is anything nature.
and not only that but I see no need to impeded it.

if I am attacked I am going to rebuff the attack. if you (or anyone else if
it was not you) had responded like this in the first place none of this
would have occured. alas trolls will be trolls (not saying you are since I
do not recall who starting the crap flinging and am too lazy to look it up)

like I said. if it can be shown to me that I am wrong and I can verify it
for myself I will accept it and shut up. that is the only logical way to
handle it to me.

until then when attacked I will fight back. I don't take abuse from anyone
without dishing some back.

by all means if you find some links please forward them to me it would be
much appreciated. if I find anything (good or bad for my cause) I will also
post them for all.

if I discover that i am wrong I will admit it publically and then proceed to
fight to get it changed (agreeing that I am wrong does not mean I will
accept that that is how it should be)

Chris Taylor
http://www.nerys.com/

> There you go, Chris.  That's so much better.  It wasn't that hard to be
> civil, was it?
>
> I don't know of any links, because my understanding of copyright law came
> from casebooks, lectures, and practical experience, not from a website.  But
> if I find something I'll be sure to let you know.
The Queen of Cans and Jars - 02 Mar 2004 14:21 GMT
> if I discover that i am wrong I will admit it publically and then proceed to
> fight to get it changed (agreeing that I am wrong does not mean I will
> accept that that is how it should be)

riiiiiiiiiight.  you're going to single-handedly change the world of
copyright law?  so that you can post newspaper articles in newsgroups?

do you have any idea how truly stupid you are?
Chris Taylor Jr - 02 Mar 2004 21:06 GMT
Never said that I will. I said that I would try. if I percieve something as
being wrong I consider it my DUTY to correct it. simple as that.

does not mean I will succeed.

Chris Taylor
http://www.nerys.com/

> riiiiiiiiiight.  you're going to single-handedly change the world of
> copyright law?  so that you can post newspaper articles in newsgroups?
>
> do you have any idea how truly stupid you are?
Dawn Taylor - 02 Mar 2004 18:54 GMT
>I did not start off with the insulting. you guys did.

Yes, and everybody else starts every fight you get into and you're
always right and everyone else is wrong and you are SUCH a sad, sad
victim.

Thread after thread of yours devolves to this level, but it's never
your fault. You poor, put-upon, misunderstood baby.

Dawn
Chris Taylor Jr - 02 Mar 2004 21:09 GMT
Only you brought fault into the issue

I never did. YOU devolve the discussion (and the others like you) to
pathetic levels.

its called trolling and troll tactics. the object of the troll (you) is to
break the discussion OFF the primary issue and continue to "devolve" it till
it has no relation to the original discussion and is something you can
nitpick on and bicker about till the primary issue is forgotten.

canon fodder that you generate for yourself. classic troll tactics.

Chris Taylor
http://www.nerys.com/

> >I did not start off with the insulting. you guys did.
>
[quoted text clipped - 6 lines]
>
> Dawn
Dawn Taylor - 02 Mar 2004 21:37 GMT
Dawn Taylor wrote:

>> Yes, and everybody else starts every fight you get into and you're
>> always right and everyone else is wrong and you are SUCH a sad, sad
>> victim.
>>
>> Thread after thread of yours devolves to this level, but it's never
>> your fault. You poor, put-upon, misunderstood baby.

>Only you brought fault into the issue
>
>I never did. YOU devolve the discussion (and the others like you) to
>pathetic levels.

As I said. It's never, ever your fault. Even though it happens to you
over and over and over ... and yet, oddly, doesn;t seem to happen to
99% of the other posters.

Poor, poor baby. So victimized. Never your fault.

>its called trolling and troll tactics. the object of the troll (you) is to
>break the discussion OFF the primary issue and continue to "devolve" it till
>it has no relation to the original discussion and is something you can
>nitpick on and bicker about till the primary issue is forgotten.

Again -- you still have no idea what "troll" means, do you?

Here's another hint: What _you_ do -- the endless threads in which you
all but paste a "KICK ME" sign on your a.s and keep offering it up to
the boot -- is closer to trolling than the responses by people telling
you over and over that your facts are wrong.

>canon fodder that you generate for yourself. classic troll tactics.

"Look at me lookatmelookatmelookatme!  Argue with me endlessly! If you
don't pay attention to me for a week, I'll come up with something new
to argue about -- but it's never my fault! Everyone's out to get me!"

Never-satisfied need for negative attention combined with a
persecution complex. Classic troll profile.

Dawn
Chris Taylor Jr - 03 Mar 2004 06:58 GMT
No I just stick up for my beliefs and what I think is right.

THAT is "NOT" common on these forums. most people would never even bother to
object to what they consider to be wrong and unjust. they either simply do
not care or are not itching for any kind of conflict.

I never give up if I think I am right. its as simple as that.

You say I go on endlessly yet once again one more post by you. sorry kiddo
but arguments are 2 way streets. what you are trying to describe is a rant
but alas this is two way. IE you keep replying.

so if you do not like endless arguments STOP endlessly arguing.

A victum ? me ? never. I do not accept that I can be a victum. I firmly
believe that I am in control of me and my life. if taking that control
results in my death so be it but it will be on my terms.

Chris Taylor
http://www.nerys.com/

> As I said. It's never, ever your fault. Even though it happens to you
> over and over and over ... and yet, oddly, doesn;t seem to happen to
[quoted text clipped - 4 lines]
> the boot -- is closer to trolling than the responses by people telling
> you over and over that your facts are wrong.
Dawn Taylor - 03 Mar 2004 16:14 GMT
>A victum ? me ? never. I do not accept that I can be a victum. I firmly
>believe that I am in control of me and my life.

Then maybe you might want to start taking responsibility for the
rancor you create in this newsgroup, over and over again. Perhaps you
could start acknowledging that *you're* the one who creates these
fights and carries them ever forward because you get off on the
negative attention.

Stop saying that everyone else is wrong and against you and admit a
few mistakes ... then I'll believe that you don't see yourself as a
victim.

>if taking that control
>results in my death so be it but it will be on my terms.

Dramatic much?

Dawn
Chris Taylor Jr - 03 Mar 2004 20:49 GMT
I am sorry but it was not me. All I did was post an article. nothing more.
then I get an e-mail that someon snitched on me.

sorry bub I did not start this fight. but I sure as hell will try to end it.

I never said everyone else is wrong. I just said I believe that I am right.

I never admit to a mistake until I can prove that I was mistaken. so again
sorry bub not going to happen till you can prove it.

Chris Taylor
http://www.nerys.com/

> Then maybe you might want to start taking responsibility for the
> rancor you create in this newsgroup, over and over again. Perhaps you
[quoted text clipped - 12 lines]
>
> Dawn
Dawn Taylor - 03 Mar 2004 21:23 GMT
>I am sorry but it was not me. All I did was post an article. nothing more.
>then I get an e-mail that someon snitched on me.
[quoted text clipped - 5 lines]
>I never admit to a mistake until I can prove that I was mistaken. so again
>sorry bub not going to happen till you can prove it.

You have a long, very painful road to maturity ahead of you, Chris.
Someday, when you're all grown up, I hope you get the chance to look
back on these days and see what a fool you were. But I have a feeling
that a lot of seriously painful slap-downs that'll have to happen
before you finally reach that point.

As irritating and ignorant as you are, I have to admit ... I pity you.

Dawn
Chris Taylor Jr - 04 Mar 2004 01:24 GMT
I very much pity you and your kind.

As hard as this may be to believe I really DO HOPE you are proven right.

you see if what you say comes to be that will mean that freedom has WON.
that will mean we are a stronger free society.

sadly I do not see it happening. I see the noose and its getting tighter and
tighter and tighter. I think VERY dark days are coming.

examples. drm is being written to restrict your use of what you buy. devices
are being made to play that drm protected material.

how long before they will ONLY play those drm protected files.

how long before its illegal to make ANYTHING that does not FORCE some kind
of DRM.

thats just for electronic mediums.

Very dark indeed.

Chris Taylor
http://www.nerys.com/

> You have a long, very painful road to maturity ahead of you, Chris.
> Someday, when you're all grown up, I hope you get the chance to look
[quoted text clipped - 5 lines]
>
> Dawn
Carmen - 04 Mar 2004 01:41 GMT
> I very much pity you and your kind.
<Snip>
> sadly I do not see it happening. I see the noose and its getting
> tighter and tighter and tighter. I think VERY dark days are coming.

Pity is the right word.  Misplaced though.  The pity is for you
because you *don't* see anything.  You *don't* see that you've been
walking around with your figurative zipper down and your Spiderman
underoos showing.  Have some *self*pity and a modicum of self respect
while you're at it child.
It doesn't seem to make any difference whether someone is nice to you
or nasty while they explain what a spectacle you're making of
yourself.  You just don't get it.  Time to pull the curtain down on
this act.

Carmen
Chris Taylor Jr - 04 Mar 2004 05:12 GMT
So pull it down. My statement stands.

I pity you and hope you do end up being able to laugh about this in 30
years.

I do not think you will be though.

Chris Taylor
http://www.nerys.com/

> > I very much pity you and your kind.
> <Snip>
[quoted text clipped - 12 lines]
>
> Carmen
Dawn Taylor - 04 Mar 2004 01:46 GMT
>I very much pity you and your kind.

Ah, yes. "My kind." I guess that would be people who aren't
delusional, self-absorbed and obsessed with making others dislike
them.

At least I pity you for being pathetic. You had to manufacture some
sort of disjointed, paranoid nonsensical rant to justify pitying me
back.

Idiot.

Dawn
Chris Taylor Jr - 04 Mar 2004 05:13 GMT
Call it what you want. we will see who has the last laugh in 30 years.

then again if I am right no one will be laughing.

you can call it anything you want does not change the facts does not change
reality.

you guys think you can just post words and have it mean something other than
what it is.

you think you can spin and twist things any way you want and have it become
reality.

I really do pity you.

Chris Taylor
http://www.nerys.com/

> >I very much pity you and your kind.
>
[quoted text clipped - 9 lines]
>
> Dawn
marengo - 04 Mar 2004 05:05 GMT
| Call it what you want. we will see who has the last laugh in 30 years.
|
| then again if I am right no one will be laughing.

|| Idiot.
||
|| Dawn

Are you two married?  You sound like it!  ;)
Signature

Peter
website:  http://users.thelink.net/marengo

Dawn Taylor - 04 Mar 2004 17:41 GMT
>Are you two married?  You sound like it!  ;)

Nah. My husband's not an idiot.

He also understands the basics of copyright law.** And knows when to
admit that he's wrong.

Dawn

** Of course, the "basics" we're talking about in this thread would be
obvious to a retarded chimp.
Dawn Taylor - 04 Mar 2004 17:53 GMT
>Call it what you want. we will see who has the last laugh in 30 years.
>
>then again if I am right no one will be laughing.

Y'know, you've become a lot more entertaining ever since I started
imagining Milton from "Office Space" whenever I read your posts:

"... but then they switched from the Swingline to the Boston stapler,
but I kept my Swingline stapler because it didn't bind up as much, and
I kept the staples for the Swingline stapler and it's not okay because
if they take my stapler then I'll set the building on fire."

Dawn
Chris Taylor Jr - 05 Mar 2004 06:08 GMT
I guess I will have to go rent that one to see the connection.

Chris Taylor
http://www.nerys.com/

> Y'know, you've become a lot more entertaining ever since I started
> imagining Milton from "Office Space" whenever I read your posts:
[quoted text clipped - 5 lines]
>
> Dawn
Dawn Taylor - 28 Feb 2004 21:19 GMT
>> Don't you ever get just a teensy bit weary of being a complete horse's
>> a.s?
>>
>> Dawn

>We live in what is supposed to be a free country. people DIED so that I
>could "enjoy" the benifit they died for.
>
>I WILL do my duty to do what I can to uphold that tradition. I can not serve

<sixty or so lines of rant snipped>

I'll take that as a "no."

Dawn
The Queen of Cans and Jars - 28 Feb 2004 04:49 GMT
> >Looks like someone snitched on me to my ISP about me posting the article
> >from ny times.
[quoted text clipped - 4 lines]
> Don't you ever get just a teensy bit weary of being a complete horse's
> a.s?

is that a rhetorical question?
Bob (this one) - 28 Feb 2004 05:26 GMT
>>>Looks like someone snitched on me to my ISP about me posting the article
>>>from ny times
[quoted text clipped - 5 lines]
>
> is that a rhetorical question?

I don't think so. It looks more like an equestrian question. I could
be wrong.

Pastorio
The Queen of Cans and Jars - 28 Feb 2004 07:21 GMT
> >>>Looks like someone snitched on me to my ISP about me posting the
> >>>article from ny times note I am still here. in fact he (the voicenet
[quoted text clipped - 7 lines]
> I don't think so. It looks more like an equestrian question. I could
> be wrong.

i think you mean "rhombus equation."

hth.
Bob (this one) - 27 Feb 2004 23:47 GMT
> Looks like someone snitched on me to my ISP about me posting the article
> from ny times.

You know, Chris you've managed to remain the considerable bonehead and
amateur-level troll you started out as here. A major accomplishment
considering the huge amount of good information available that you've
managed to somehow totally avoid absorbing. Stands to reason that
these blatantly wrong posts about copyright law would come from
someone like you, not too bright and very badly informed.

> note I am still here. in fact he (the voicenet employee responding) found NO
> issue to take action on.
>
> I also sent THIS in reply. the trolls waisting voicenet's should take head
> and read this

Notice that whole "sentence" concept still eludes you. Grammar,
spelling, punctuation, among others. Obviously, you've never taken
head. <LOL>

> Hey Hi Mr (do not want to publically post his name that is not appropiate)
>
[quoted text clipped - 5 lines]
>>environment for the purpose of discussion is permitted only if it is not
>>possible to link to the article on www.nytimes.com.

You *can* link to specific articles in the NYTimes. Like this:
<http://www.nytimes.com/2004/02/27/national/nationalspecial2/27COW.html?ex=107891
7574&ei=1&en=aa99b9dafcaf8ffe
>

----------- begin quoted excerpt ------------
"One Producer of U.S. Beef Wants to Test All Its Cattle
By SANDRA BLAKESLEE

Published: February 27, 2004

beef producer in Kansas has proposed testing all its cattle for mad
cow disease so it can resume exports to Japan, but it is encountering
resistance from the Agriculture Department and other beef producers."
------------- end quoted excerpt --------------

This demonstrates that links can be posted to articles and it
demolishes your rather blatant blunder. And, technically, it's a
violation of the NYTimes copyright to post the entire article without
their permission even for fair use applications, which this isn't. Period.

Here's a good source of what Fair Use is about:
<http://fairuse.stanford.edu/stanford_notices/rice.html>

Here's a practical application of the concept:
<http://www.forumsforjustice.org/fairuse.html>

An indexed site for more information with many links:
<http://www.cetus.org/fairindex.html>

And here's a piece of the final report of a commission specifically
considering fair use (U.S. government publications are not copyrighted
and may be freely quoted):
<http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf>

------------ begin quoted excerpt ---------------
Media:
-New Guidelines must distinguish among different types of copyrighted
materials.
-Fair use must apply equally to all media.
-Digital media are different and cannot be governed by simple
evolution of older mechanisms.
-Fair use should be independent of the form of publication or
distribution.

Policy:
-Congressional determination in 1976, that no broad
educational/scholarly exemption from copyright was justified, still
applies.
-Digital fair use must be defined as part of an explicit recognition
as that information that must be in the public domain.
-Copyright law, not contract law, should be applied to electronic
libraries and campuses.
-Materials for which fees are charged should be reasonably priced to
permit use in nonprofit educational setting.
-It would be dangerous to undertake legislative amendments on the
basis of speculation.
-Unauthorized alterations of works, particularly pictorial and graphic
works, should be impermissible.
-The burden of determining copyright status, identity of owners, and
duration of protection should be ameliorated.

Fair Use in General:
-The definition of fair use need not change.
-Fair use needs to be broadened.
-Library privileges -- particularly with respect to preservation --
should be enhanced.
-This Conference should address fair use in all contexts, not just
education and libraries.
-Fair use should not be enlarged, particularly because digitally
disseminated works are more vulnerable to infringement.
-Fair use should not be invoked with respect to activities that
displace actual or potential sales or licenses.
-Building collections of images without permission is not fair use.

"Browsing" as Fair Use:
-Fair use encompasses more than the right to browse through
copyrighted works.
-There is no need to establish blanket browsing rights for digital
materials.
-Users must have the right to browse, quote, extract, and reproduce
information.
-Copyright owners should not be required to donate access time to
their works on-line.
SEPTEMBER 21, 1994
--------- end quote ---------------

"Fair Use" is almost never implied permission to quote a work in its
entirety. Note the point above, "Users must have the right to browse,
quote, extract, and reproduce information." See "quote, extract...
information"? The right to "reproduce information" is the right to
reproduce the quoted and extracted material, not the whole work. The
single article is copyrighted and is the whole work. The entire
newspaper is a collection of individual whole works and is *also*
copyrighted, but as a compendium, not as a single work.

>>It is not permitted,
>>even in a newsgroup environment, to create an archive of New York Times
>>articles. New York Times articles posted in compliance with this policy
>>must be removed within 30 days, and include the following copyright notice

This is the only part of ISP policy that's even remotely correct.
Newsgroups aren't educational environments as classes, libraries and
scholarly pursuits are and, as such, are merely public fora with no
special dispensations for Fair Use.

> I also quote Fair Use law. just in case it comes up.

But, sadly and not surprisingly, you don't really understand what Fair
Use really means. Your announcing that it was fair use doesn't make it so.

> first the posting was fair use. Second it complied with the NYtimes
> conditions above since you CAN NOT link to the article on nytimes.com "and"
> I am not "archiving" since the newsgroup time to death is likely under 30
> days.

Perhaps you've heard of Google where things remain for considerably
longer than 30 days...? As for your "likely under 30 days" guess, it's
wrong, too. It varies with the ISP and the newsreading consumer.

> IE I am in full compliance with both the fair use laws of the united states
> of american (which by the way supercede and override any nytimes
> "conditions") but as a bonus I am also in comliance with the nytimes
> conditions.

So your entire case rests on two "facts."
1) That you can't post links to NYTimes articles. I showed that to be
flat out untrue. That, alone, destroys your position.
2) That it's Fair Use to reproduce the entire article which,
demonstrably, it isn't.

These two material misstatements show your rationale to be spurious
and your reasoning to be mere self-excusing trollery. Fool-child.
There are no "fair use laws of the united states of american [sic]" to
apply. There are merely exclusions of copyright restriction; "unlaws"
if you will.

> Just wanted to clarify.

The only clear thing here is the space between your ears.

> Trolls like to have fun on newsgroups.

How cute the fool is. The blowhard fool who deal with English as a
second language. And who deal with facts as though they were so many
bits and pieces to be used capriciously, without regard to
applicability. Where are the big red nose and floppy shoes...?

Pastorio
Chris Taylor Jr - 28 Feb 2004 04:34 GMT
Below

> You know, Chris you've managed to remain the considerable bonehead and
> amateur-level troll you started out as here. A major accomplishment
> considering the huge amount of good information available that you've
> managed to somehow totally avoid absorbing. Stands to reason that
> these blatantly wrong posts about copyright law would come from
> someone like you, not too bright and very badly informed.

Irrelevant to this discussion but that is classic trolldom for you.

> Notice that whole "sentence" concept still eludes you. Grammar,
> spelling, punctuation, among others. Obviously, you've never taken
> head. <LOL>

More irrelevant trolling.

> You *can* link to specific articles in the NYTimes. Like this:

<http://www.nytimes.com/2004/02/27/national/nationalspecial2/27COW.html?ex=1
078917574&ei=1&en=aa99b9dafcaf8ffe>

> How cute the fool is. The blowhard fool who deal with English as a
> second language. And who deal with facts as though they were so many
> bits and pieces to be used capriciously, without regard to
> applicability. Where are the big red nose and floppy shoes...?
>
> Pastorio

On the linking issue (IF this works with any article but when I clicked on
the atkins article link I was forced to log in. I COULD NOT link directly to
the article.

IF their is a way to do it without a login IE a direct link like the one you
provided then I stand corrected BUT that does not change the FACT that what
I did was LEGAL under fair use law.

Please by all means google is free and easy go research it.

Let me help you along

"freedom to quote a portion of the novelist's work without asking
permission"

I quoted a very small portion of that issue of the ny times. ONE single
article in fact.

I am well withing my fair use rights.

nytimes rules CAN NOT legally supercede fair use rights.

Chris Taylor
http://www.nerys.com/
Bob (this one) - 28 Feb 2004 05:07 GMT
> Below
>
[quoted text clipped - 6 lines]
>
> Irrelevant to this discussion but that is classic trolldom for you.

Not trolling at all. It's a dazzlingly perceptive characterization
that neatly skewers you to the dissection tray. I wasn't looking for a
protracted debate since there aren't any real countering points to be
made.

>>Notice that whole "sentence" concept still eludes you. Grammar,
>>spelling, punctuation, among others. Obviously, you've never taken
>>head. <LOL>
>
> More irrelevant trolling.

Perhaps a continuation of the perceptive notations above.

>>You *can* link to specific articles in the NYTimes. Like this:
>>
[quoted text clipped - 11 lines]
> the atkins article link I was forced to log in. I COULD NOT link directly to
> the article.

Directly or indirectly, you *could* link to the article. That removes
your right to bitch about it. Register and link. Very simple.

> IF their is a way to do it without a login IE a direct link like the one you
> provided then I stand corrected BUT that does not change the FACT that what
> I did was LEGAL under fair use law.

Bullshit and I already told you why. The parts of the post to which
you're replying explained it loud and clear. You cut it out so you
could continue to play your ignorant games and excuse yourself for the
terrific blunder you've made.

> Please by all means google is free and easy go research it.

Hey, shitwit. I already did that and offered you citations that
explain it *fully* and *clearly* so that even you might understand it.
Not some little quote that serves your unlettered purposes.

> Let me help you along
>
[quoted text clipped - 3 lines]
> I quoted a very small portion of that issue of the ny times. ONE single
> article in fact.

Poor fuckwit Chris. Each article is copyrighted as a "work." AND the
entire issue is copyrighted as a *collection* of individually
copyrighted works.

A novel is a single work. A single "literary expression" from
beginning to end. A newspaper contains many "literary expressions."

> I am well withing my fair use rights.
>
> nytimes rules CAN NOT legally supercede fair use rights.

No one says they do.

And because you're obviously still trying to navigate the real world
with that stunted attention span and trivial intelligence, here's the
real skinny on Fair Use.

Here's a good source of what Fair Use is about:
<http://fairuse.stanford.edu/stanford_notices/rice.html>

Here's a practical application of the concept:
<http://www.forumsforjustice.org/fairuse.html>

An indexed site for more information with many links:
<http://www.cetus.org/fairindex.html>

And here's a piece of the final report of a commission specifically
considering fair use (U.S. government publications are not copyrighted
and may be freely quoted):
<http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf>

------------ begin quoted excerpt ---------------
Media:
-New Guidelines must distinguish among different types of copyrighted
materials.
-Fair use must apply equally to all media.
-Digital media are different and cannot be governed by simple
evolution of older mechanisms.
-Fair use should be independent of the form of publication or
distribution.

Policy:
-Congressional determination in 1976, that no broad
educational/scholarly exemption from copyright was justified, still
applies.
-Digital fair use must be defined as part of an explicit recognition
as that information that must be in the public domain.
-Copyright law, not contract law, should be applied to electronic
libraries and campuses.
-Materials for which fees are charged should be reasonably priced to
permit use in nonprofit educational setting.
-It would be dangerous to undertake legislative amendments on the
basis of speculation.
-Unauthorized alterations of works, particularly pictorial and graphic
works, should be impermissible.
-The burden of determining copyright status, identity of owners, and
duration of protection should be ameliorated.

Fair Use in General:
-The definition of fair use need not change.
-Fair use needs to be broadened.
-Library privileges -- particularly with respect to preservation --
should be enhanced.
-This Conference should address fair use in all contexts, not just
education and libraries.
-Fair use should not be enlarged, particularly because digitally
disseminated works are more vulnerable to infringement.
-Fair use should not be invoked with respect to activities that
displace actual or potential sales or licenses.
-Building collections of images without permission is not fair use.

"Browsing" as Fair Use:
-Fair use encompasses more than the right to browse through
copyrighted works.
-There is no need to establish blanket browsing rights for digital
materials.
-Users must have the right to browse, quote, extract, and reproduce
information.
-Copyright owners should not be required to donate access time to
their works on-line.
SEPTEMBER 21, 1994
--------- end quote ---------------

"Fair Use" is almost never implied permission to quote a work in its
entirety. Note the point above, "Users must have the right to browse,
quote, extract, and reproduce information." See "quote, extract...
information"? The right to "reproduce information" is the right to
reproduce the quoted and extracted material, not the whole work. The
single article is copyrighted and is the whole work. The entire
newspaper is a collection of individual whole works and is *also*
copyrighted, but as a compendium, not as a single work.

Newsgroups aren't educational environments as classes, libraries and
scholarly pursuits are and, as such, are merely public fora with no
special dispensations for Fair Use.

So your entire case rests on two "facts."
1) That you can't post links to NYTimes articles. I showed that to be
flat out untrue. That, alone, destroys your position.
2) That it's Fair Use to reproduce the entire article which,
demonstrably, it isn't.

These two material misstatements show your rationale to be spurious
and your reasoning to be mere self-excusing trollery. Fool-child.
There are no "fair use laws of the united states of american [sic]" to
apply. There are merely exclusions of copyright restriction; "unlaws"
if you will.

Pastorio
Chris Taylor Jr - 28 Feb 2004 10:43 GMT
Below

> Not trolling at all. It's a dazzlingly perceptive characterization
> that neatly skewers you to the dissection tray. I wasn't looking for a
> protracted debate since there aren't any real countering points to be
> made.

I do not recall asking you what you wanted. and your right. their is only
one point to be made. your a troll. or a troglodite. either or.

> > More irrelevant trolling.
>
> Perhaps a continuation of the perceptive notations above.

Still irrelevant to the discussion at hand.

> Directly or indirectly, you *could* link to the article. That removes
> your right to bitch about it. Register and link. Very simple.

Incorrect. when you click the link you do not get the article therfore you
can not link to the article for everyone. but thats a side point anyway. ie
not primary to this discussion.

> Bullshit and I already told you why. The parts of the post to which
> you're replying explained it loud and clear. You cut it out so you
> could continue to play your ignorant games and excuse yourself for the
> terrific blunder you've made.

Actually I responded to EVERY single point in your post. I skipped
absolutely nothing. more trolling ? please show me which part exactly that I
skipped.

> > Please by all means google is free and easy go research it.
>
> Hey, shitwit. I already did that and offered you citations that
> explain it *fully* and *clearly* so that even you might understand it.
> Not some little quote that serves your unlettered purposes.

You offered nothing of the sort. if you did it was NOT contained in the post
that I replied to. thats your problem. not mine.

> Poor fuckwit Chris. Each article is copyrighted as a "work." AND the
> entire issue is copyrighted as a *collection* of individually
> copyrighted works.

Relevance ?

> A novel is a single work. A single "literary expression" from
> beginning to end. A newspaper contains many "literary expressions."

copyrighted as a whole by the NY Times is it not ?

> No one says they do.

sure they do. ny times does. they say no quoting only linking. that is
contrary to fair use rights.

> And because you're obviously still trying to navigate the real world
> with that stunted attention span and trivial intelligence, here's the
> real skinny on Fair Use.
>
> Here's a good source of what Fair Use is about:
> <http://fairuse.stanford.edu/stanford_notices/rice.html>

Except POSSIBLY the above issue of what is the whole work and how much would
my quoted part of it be considered (I consider that a to be yet determined
answer) I see no conflict with what I did and what this above link states.

> Here's a practical application of the concept:
> <http://www.forumsforjustice.org/fairuse.html>

Not much different than the above link. and again almost NO conflict with
what I did except for that to be determined part (what constitues the whole
work) I could be wrong on that but I am doubtful until I get more
information.

> An indexed site for more information with many links:
> <http://www.cetus.org/fairindex.html>

Again not much conflict (most of these links focus heavily on educational
classroom use I will have to try and dig up some "end user consumer"
relavant sites if any exist.)

The gist is this

a.. the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;

Personal not for profit under any conditions (I am ok here)

a.. the nature of the copyrighted work;

Not sure what this means in reference to my use but I doubt I conflict so I
will say OK here too.

a.. the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and

This is the stickler. I say its small. just one article out of the whole
newspaper. you say its large since each article is seen as a sepearte entity
even though printed as a single issue of the newspaper. I will have to
research this more but I still consider it minor at worst.

a.. the effect of the use upon the potential market for or value of the
copyrighted work.

Effect. None whatsoever. no impact would occur on their market at all under
any conditions that I can fathom. No ones gonna go "buy" the issue (if they
can even find it) and now won't because I quoted it and secondly they are
already offering it at no monetary charge (they DO charge however in the
form of you personal information etc..) to the end user. so no "monetary"
loses are possible.

I doubt I would have ANY trouble whatsoever if taken to court on this. in
fact I do not think it would eve get past discovery (or whatever its called
when they have the initial hearing to determine the merit of the claim)

> And here's a piece of the final report of a commission specifically
> considering fair use (U.S. government publications are not copyrighted
> and may be freely quoted):
> <http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf>

Nothing here really sticks out as different from the other sources.

> "Fair Use" is almost never implied permission to quote a work in its
> entirety. Note the point above, "Users must have the right to browse,
[quoted text clipped - 4 lines]
> newspaper is a collection of individual whole works and is *also*
> copyrighted, but as a compendium, not as a single work.

This is what I need to determine. as stated I could be mistaken on this but
I surely am not simply going to take your say so on it.

> Newsgroups aren't educational environments as classes, libraries and
> scholarly pursuits are and, as such, are merely public fora with no
> special dispensations for Fair Use.

Fair use does not SPECIFY educational as its soul focus. only your cited
links do because that is what THOSE pages are discussing. hence why your
links were not Overly relevant to this discussion.

No where in the fair use laws does it state that fair use is restricted to
official education channels. that is simply a very small portion of it and
you know it.

> So your entire case rests on two "facts."
> 1) That you can't post links to NYTimes articles. I showed that to be
> flat out untrue. That, alone, destroys your position.

Negative. that has nothing to do with my case (fair use) do you even READ
the posts you reply to ? whether I can link to the article is irrelevant to
fair use. THAT point was only relevant to the NYTIMES rules governing
quoting etc.. and is SEPERATE from fair use. I made that very clear.

so what position is destroyed again ?

> 2) That it's Fair Use to reproduce the entire article which,
> demonstrably, it isn't.

THAT is to be determined. I agree that fair use covers a small quote. I
CONSIDERED what I did a small quote as I see the entire work as being the
newspaper and the quote as being that comparitively VERY small article.

you have yet to show me PROOF to think otherwise. your say so or
interpritation is ot sufficient.

> These two material misstatements show your rationale to be spurious
> and your reasoning to be mere self-excusing trollery. Fool-child.
> There are no "fair use laws of the united states of american [sic]" to
> apply. There are merely exclusions of copyright restriction; "unlaws"
> if you will.

IF they are on the books they are laws. why would you even make such a silly
statement.

YOUR entire argument relies on your whimsical interpritation of what you
read. why it is that I can not come to those same conclusions. NO WHERE does
it specifically say what you are saying. NONE of your quoted links back you
up specifically.

you have misinterprited BOTH (intentionally I might add as I was very clear
on what I said on the 1st point (linking))

Please try again.

Chris Taylor
http://www.nerys.com/
Bob (this one) - 29 Feb 2004 02:37 GMT
>>Directly or indirectly, you *could* link to the article. That removes
>>your right to bitch about it. Register and link. Very simple.
>
> Incorrect. when you click the link you do not get the article therfore you
> can not link to the article for everyone. but thats a side point anyway. ie
> not primary to this discussion.

If you register *once* you'll be taken directly to the linked article
from then on.

But it is primary to the discussion. You've said that *because you
can't link directly* it excuses you from only posting the link.

>>Poor fuckwit Chris. Each article is copyrighted as a "work." AND the
>>entire issue is copyrighted as a *collection* of individually
>>copyrighted works.
>
> Relevance ?

You can't consider it a small part of a newspaper. You must consider
it as an independent entity subject to copyright. Quoting it in its
entirety is not Fair Use. Period.

>>A novel is a single work. A single "literary expression" from
>>beginning to end. A newspaper contains many "literary expressions."
>
> copyrighted as a whole by the NY Times is it not ?

As I've told you before, it's subject to two separate copyrights. The
individual articles separately and the newspaper as a whole as a
collection.

Do you think the advertisements created by agencies and paid for by
clients are also copyrighted by the NYTimes?

>>No one says they do.
>
> sure they do. ny times does. they say no quoting only linking. that is
> contrary to fair use rights.

Nah. It's contrary to your ignorant, uninformed self-forgiving notion.

>>And because you're obviously still trying to navigate the real world
>>with that stunted attention span and trivial intelligence, here's the
[quoted text clipped - 6 lines]
> my quoted part of it be considered (I consider that a to be yet determined
> answer) I see no conflict with what I did and what this above link states.

Sorry, Chris. Your continued insistence that only the entire paper
counts is wrong. The disparate pieces that make up the paper are
separate entities and subject to their respective copyrights as
"works." All the bits and pieces created by different people are
automatically copyrighted at their creation. Copyright protects
expression and each separate piece is a separate expression.

That's the law. That the same organization also copyrighted the entire
assemblage is irrelevant to the fact that you copied and distributed
an entire work without permission.

>>Here's a practical application of the concept:
>><http://www.forumsforjustice.org/fairuse.html>
[quoted text clipped - 3 lines]
> work) I could be wrong on that but I am doubtful until I get more
> information.

"...almost NO conflict..." That means *some* conflict, huh?

>>An indexed site for more information with many links:
>><http://www.cetus.org/fairindex.html>
[quoted text clipped - 22 lines]
> even though printed as a single issue of the newspaper. I will have to
> research this more but I still consider it minor at worst.

There are several people here who are knowledgeable about copyright
law who all say you're wrong. I know about it because I write for
money and need to know what my rights are and what my obligations are.

You used the entire piece. You can't. It's that simple.

> a.. the effect of the use upon the potential market for or value of the
> copyrighted work.
[quoted text clipped - 5 lines]
> form of you personal information etc..) to the end user. so no "monetary"
> loses are possible.

They ask you to register. They don't ask for a lot of personal
information. It's a reasonable exchange. They find out who's asking;
you get stuff for free.

> I doubt I would have ANY trouble whatsoever if taken to court on this. in
> fact I do not think it would eve get past discovery (or whatever its called
> when they have the initial hearing to determine the merit of the claim)

<LOL> You don't even know the names of the processes you're so sure
are no problem.

>>And here's a piece of the final report of a commission specifically
>>considering fair use (U.S. government publications are not copyrighted
[quoted text clipped - 14 lines]
> This is what I need to determine. as stated I could be mistaken on this but
> I surely am not simply going to take your say so on it.

You don't have to. It's right there in the part right above. "Users
must have the right to browse, quote, extract, and reproduce information."

You can "browse, quote, extract" information and having done so,
"reproduce information." It says you can't reproduce the work in its
entirety. The article was written by one person or a team of people
and is a completed piece. It obtains copyright upon completion
irrespective of what happens to it after that. If it weren't published
in the paper that day, it's still copyrighted automatically just
because it exists.

>>Newsgroups aren't educational environments as classes, libraries and
>>scholarly pursuits are and, as such, are merely public fora with no
[quoted text clipped - 7 lines]
> official education channels. that is simply a very small portion of it and
> you know it.

But nowhere does it say you can use the entire piece if it isn't
educational. The whole point of Fair Use is for scholarly or review
pieces. That presumes discussion of the points raised, not to display
the entire piece.

>>So your entire case rests on two "facts."
>>1) That you can't post links to NYTimes articles. I showed that to be
[quoted text clipped - 4 lines]
> fair use. THAT point was only relevant to the NYTIMES rules governing
> quoting etc.. and is SEPERATE from fair use. I made that very clear.

Clear as the rest of your opaque diatribes.

Poor sappy Chris can't even recall what he wrote. I bet you don't
remember saying that because people can't link directly, it was ok to
reproduce the article. And *later* saying that you raised the issue of
fair use?

You have no inherent right to use the NYTimes material any way you
want. You have no inherent right to use their information to any end
you want.

> so what position is destroyed again ?
>
>>2) That it's Fair Use to reproduce the entire article which,
>>demonstrably, it isn't.
>
> THAT is to be determined.

No. That is for you to begin to understand. Your guesswork involving a
 subject with some particularly clear guidelines and laws leaves you
looking foolish. Go to the US Copyright Office web site and read about
copyright law. See about collections.

> I agree that fair use covers a small quote. I
> CONSIDERED what I did a small quote as I see the entire work as being the
[quoted text clipped - 11 lines]
> IF they are on the books they are laws. why would you even make such a silly
> statement.

What books would that be, Chris? Fair Use is a doctrine of rights
rather than any sort of law. Why would you not know that if you keep
throwing around the term?

> YOUR entire argument relies on your whimsical interpritation of what you
> read. why it is that I can not come to those same conclusions.

Because you're a trolling dope with no background in the subject and
an apparent inability to learn much about it.

> NO WHERE does
> it specifically say what you are saying. NONE of your quoted links back you
> up specifically.

Not one link says the NYTimes is functioning under two kinds of
copyrights. Try this, research-boy. Call a newspaper, any newspaper
and ask to speak to the legal department and pose the question to
them. See what they tell you. Then post the name of the person and
what they said.

> you have misinterprited BOTH (intentionally I might add as I was very clear
> on what I said on the 1st point (linking))

Three parentheses. How clever. Most people are limited to only two.
Creative...

> Please try again.

Nah. You aren't worth it.

Pastorio
Chris Taylor Jr - 29 Feb 2004 06:10 GMT
Negative. what you describe is NOT a direct link.

second it is still irrelevant and not the primary issue.

I could care less about the rules the nytimes thinks they can impose. I DO
care about the law and "so far" my intepritation of it says I was legal in
what I did.

since nytimes rules can not trump federal law IF my interpritation is
correct then I am legal irregardless of any "rules" such as direct linking
(proven not possible in this case) are irrelevant and of no importance to
this discussion.

you say I can't use the peice. Off course that is wrong the moment you spoke
it. off course I can I can prove this by the fact that I infact DID it.

the question is not whether I can or not but whether it is legal for me to
do so.

Chris Taylor
http://www.nerys.com/

> If you register *once* you'll be taken directly to the linked article
> from then on.
>
> But it is primary to the discussion. You've said that *because you
> can't link directly* it excuses you from only posting the link.
Bob (this one) - 29 Feb 2004 08:36 GMT
> Negative. what you describe is NOT a direct link.
>
> second it is still irrelevant and not the primary issue.

Thanks, so don't mention it again. Even though you tried to use it as
an excuse for posting the whole article. Looks like you're backing off
that now. What a surprise. When you get a bat in the nuts like that,
it's probably wise to try to dissociate yourself from your own foolish
words.

> I could care less about the rules the nytimes thinks they can impose. I DO
> care about the law and "so far" my intepritation of it says I was legal in
> what I did.

The NYTimes is the lawful owner of the article. They do very much have
a say in what gets done with their property. The law supports them,
not people who infringe the copyrights of others.

> since nytimes rules can not trump federal law IF my interpritation is
> correct

It has been demonstrated that you cannot take a whole copyrighted
article and republish it without permission. You even admitted that
taking a song from an album is infringement. An article is precisely,
exactly absolutely the same issue. Part of a whole that itself is
copyrighted.

> then I am legal irregardless

There's no such word as "irregardless."

> of any "rules" such as direct linking
> (proven not possible in this case) are irrelevant and of no importance to
> this discussion.

And yet, you keep mentioning it as though it were.

> you say I can't use the peice. Off course that is wrong the moment you spoke
> it. off course I can I can prove this by the fact that I infact DID it.

What a shithead you are, Chris. I said you can't use it *legally* but
you knew that and are trying again to forge a "win" for yourself.
Trying to weasel yourself into some sort of victorious posture. What a
hoot you are, twisting while going down in flames you bring on yourself.

> the question is not whether I can or not but whether it is legal for me to
> do so.

It looks like you're the only one who didn't know that it was the
central issue.

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 4 lines]
>>But it is primary to the discussion. You've said that *because you
>>can't link directly* it excuses you from only posting the link.
Chris Taylor Jr - 02 Mar 2004 06:02 GMT
Below

> Thanks, so don't mention it again. Even though you tried to use it as
> an excuse for posting the whole article. Looks like you're backing off
> that now. What a surprise. When you get a bat in the nuts like that,
> it's probably wise to try to dissociate yourself from your own foolish
> words.

Negative. I used it as an example of being in compliance of part of the
NYTIMES rules not federal fair use rules.

ny times says I can not repost if their is a direct link (their words)

their was no way to DIRECT link at that time and I assume still not today.

> The NYTimes is the lawful owner of the article. They do very much have
> a say in what gets done with their property. The law supports them,
> not people who infringe the copyrights of others.

No they do not. Copyright is a rights GRANTED to the owners of said rights
by the government. at one time their was no copy RIGHTS of any kind.

> It has been demonstrated that you cannot take a whole copyrighted
> article and republish it without permission. You even admitted that
> taking a song from an album is infringement. An article is precisely,
> exactly absolutely the same issue. Part of a whole that itself is
> copyrighted.

a song is not an album. their is not much educational or meaningful
discussion discourse or criticism etc.. possible of a song. a song is
entertainment.

an article is NEWS its INFORMATION. IT is what fair use wzs designed for. as
court cases show and lawyers will tell you "entertainment media" get far
less FAIR USE exceptions as does for example news media.

that is expected and proper. one is entertainment the other is news.

so comparing the two is not a good analogy and you know it.

I still dispute the whole article verse part of the issue aspect until I get
independant clarification.

> There's no such word as "irregardless."

yes there is. its in the dictionary as a slang term adopted from regardless.

> And yet, you keep mentioning it as though it were.

Negative. I mentioned is ONCE in reply to nytimes rules posting. after that
I never brought it up again except in reply to people like you trying to use
it as a focus point.

> What a shithead you are, Chris. I said you can't use it *legally* but
> you knew that and are trying again to forge a "win" for yourself.
> Trying to weasel yourself into some sort of victorious posture. What a
> hoot you are, twisting while going down in flames you bring on yourself.

You did not. reread your own words moron.

not trying to force anything. just trying to waste a trolls time (that would
be you btw just in case your to dense to realise that)

> It looks like you're the only one who didn't know that it was the
> central issue.

The central issue is that I believe I was legal in what I did.

the central issue is that only federal laws matter in this instance.

other issues are that I was also by coincidence INLINE with some if not all
of the nytimes rules as well. (direct linking since you kee bring that up)

but if I am LEGAL based on fair use then it does not MATTER if I could
direct link or not since fair use law trumps nytimes rules.

I KNOW I can photocopy a news paper article (the whole thing) and take that
into class and be covered under fair use.

I can take it to club meeting to hand out and discuss (article related to
rocketry for example to a rocketry club meeting) and be covered under fair
use.

THAT is what I did here. I took an article copied it and brought it to a
club meeting (this forum) because it was relevant to this clubs focus (low
carbing)

I BELIEVE that incourt I would be found legal under fair use for this even
if not legal to the letter of the law (the law IS up to interpritation from
situation to situation otherwise we would not need courts)

I am still researching this. if I find out I am wrong I will even publicly
admit as such right here to everyone.

until then I hold to my belief that what I didnot only SHOULD be right (and
I will never change that belief) but also legal. something I will change
belief on if I find independat verifiable proof of it.

until then I hold to my claim that was I did was right and legal.

Chris Taylor
http://www.zodiacreview.com/
Dawn Taylor - 29 Feb 2004 19:14 GMT
>Negative. what you describe is NOT a direct link.

Actually, it's as direct as you're gonna get. And that's ALL you --
legally -- get, aside from posting a quote or a very short excerpt.
Which is, by the way, "fair use."

If you wanna point someone at a column in Salon that's part of their
premium service, for example, you post the link. If the reader's a
subscriber then they won't have to click through ads because they'll
have a cookie in their browser. But all others will have to click
through a couple of ad pages. Big whoop.

So when you post the link, you say, "You may have to click through a
few ads," just like when you post a link to a story on the NYT (or any
of a number of other publications) you say, "You may have to register,
but it's free."

You DON'T say, "Durrr, gosh, there's a five-second registration
process so I'm just gonna disregard copyright laws and cut-n-paste the
whole article. Oh, and if I get called on it I'll just doggedly argue
that it's okay regardless of the facts."

>second it is still irrelevant and not the primary issue.

No, the primary issue is that you're a contentious dumbass who thrives
on negative attention, so you repeatedly create situations where you
get to show off what a contentious dumbass you are. Because it's
probably the only way you know how to get people to talk to you.

Dawn
Chris Taylor Jr - 02 Mar 2004 06:14 GMT
Below

> >Negative. what you describe is NOT a direct link.
>
> Actually, it's as direct as you're gonna get. And that's ALL you --
> legally -- get, aside from posting a quote or a very short excerpt.
> Which is, by the way, "fair use."

negative ONE of the requirements for nytimes to be ok with a repost (their
are likely other requirements) is that there be no direct link.

direct link are 2 words defined. NYTIMES does not get to create its own
definitions for them.

accordingly since they is NO direct link to that article possible at the
time that I posted it I WAS IN compliance with at least some of nytimes
rules.

> If you wanna point someone at a column in Salon that's part of their
> premium service, for example, you post the link. If the reader's a
> subscriber then they won't have to click through ads because they'll
> have a cookie in their browser. But all others will have to click
> through a couple of ad pages. Big whoop.

your assuming people allow cookies. I never do. I manually  log into
everything. and just because the INDIRECT linking is not visible does not
mean its a direct link. come now your intelligent enough to realize this.

they are still getting a login in screen they just do not see it as there
browser does it for them.

thats like having your friend log you in and then you claim its a direct
link. Strawman issue arrise :-)

its not a direct link. literally or otherwise.

> So when you post the link, you say, "You may have to click through a
> few ads," just like when you post a link to a story on the NYT (or any
> of a number of other publications) you say, "You may have to register,
> but it's free."

but nytimes says otherwise. they say one condition of being able to post an
article is if their is no direct link (as I said but to fend off the trolls
I will keep saying it their are likely OTHER conditions as well but no
direct link is one of them)

since their is NO DIRECT LINK technically or otherwise I was at least
partially in compliance with nytimes rules.

> You DON'T say, "Durrr, gosh, there's a five-second registration
> process so I'm just gonna disregard copyright laws and cut-n-paste the
> whole article. Oh, and if I get called on it I'll just doggedly argue
> that it's okay regardless of the facts."

5second registration process where I have to give personal information etc..

irelevant anyway. it does not matter if it was simple an add that says click
here to continue to the article with no log in at all. its still NOT A
DIRECT LINK.

> >second it is still irrelevant and not the primary issue.
>
> No, the primary issue is that you're a contentious dumbass who thrives
> on negative attention, so you repeatedly create situations where you
> get to show off what a contentious dumbass you are. Because it's
> probably the only way you know how to get people to talk to you.

so easy to troll is it not.

I fight for my rights at all costs. I believe this IS and SHOULD BE my right
to do so I did it.

I will fight for that right or wrong.

Chris Taylor
http://www.nerys.com/
Pat Paris - 28 Feb 2004 01:09 GMT
>first the posting was fair use. Second it complied with the NYtimes
>conditions above since you CAN NOT link to the article on nytimes.com "and"
[quoted text clipped - 7 lines]
>
>Just wanted to clarify.

Good for you!  

Hey, let's play a little game.  Every day I'll post a link to a NY
Times article and every day you post the full article.  Last one
posting wins.  Ready?  Here's the first one:

http://www.nytimes.com/2004/02/22/weekinreview/22kola.html
Vegetarians vs. Atkins: Diet Wars Are Almost Religious

Great article.  I'm sure everyone here would love to read it.

OK.  Your turn.
Chris Taylor Jr - 28 Feb 2004 04:36 GMT
But now I would be exceeding my fair use rights. fair use rights allow for
limited use for the purpose of commentary and criticism etc..

THIS would not qualify under that and would in fact be legitimate
infringement.

sorry try again.

BUT when ever an atkins article appears if you can not link directly to it I
MAY very well post it again. and I would be LEGALLY permited to do so.

Chris Taylor
http://www.nerys.com/

> Good for you!
>
[quoted text clipped - 8 lines]
>
> OK.  Your turn.
Bob (this one) - 28 Feb 2004 05:09 GMT
> But now I would be exceeding my fair use rights. fair use rights allow for
> limited use for the purpose of commentary and criticism etc..
[quoted text clipped - 6 lines]
> BUT when ever an atkins article appears if you can not link directly to it I
> MAY very well post it again. and I would be LEGALLY permited to do so.

Do read the citations I posted, Chris. You'll be embarrassed, but
what's new about that?

Been watching TV lawyer shows...?

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 11 lines]
>>
>>OK.  Your turn.
Chris Taylor Jr - 28 Feb 2004 10:46 GMT
I did So far none conflict with what I am doing as I have interprited them.

lawyer shows are boring. I do not watch them. I did catch an episode of the
practice last week and might start watching it. it was entertaining.

Chris Taylor
http://www.nerys.com/

> Do read the citations I posted, Chris. You'll be embarrassed, but
> what's new about that?
>
> Been watching TV lawyer shows...?
Pat Paris - 28 Feb 2004 15:08 GMT
>But now I would be exceeding my fair use rights. fair use rights allow for
>limited use for the purpose of commentary and criticism etc..

What do you mean exceeding your fair use rights?  You're the one who
claims it's fair use to copy an article and that the copyright only
protects the entire issue of the NY Times.  Come on big mouth, back up
your words and post the article.  

>THIS would not qualify under that and would in fact be legitimate
>infringement.

You pitiful twerp, you got your little peepee whacked and you know it.

>sorry try again.

You're not worth the effort.

>BUT when ever an atkins article appears if you can not link directly to it I
>MAY very well post it again. and I would be LEGALLY permited to do so.

No sh.t, sherlock?  That's exactly what the NY Times says you can do,
moron.
Dawn Taylor - 28 Feb 2004 21:21 GMT
On Sat, 28 Feb 2004 15:08:40 GMT, Pat Paris
<patnparis@NOSPAMyahoo.NOWAYcom> announced in front of God and
everybody:

>What do you mean exceeding your fair use rights?  You're the one who
>claims it's fair use to copy an article and that the copyright only
>protects the entire issue of the NY Times.  

And he's wrong. It's not the first time, nor will it be the last.

But oh, it's getting him oodles of negative attention and he sure
seems to thrive on that.

Dawn
Chris Taylor Jr - 29 Feb 2004 05:59 GMT
I never said it protects ONLY the entire paper. it protects all parts of it.

but fair use EXCEMPTS parts of the copyright law for "fair use" purposes.

that and only that is what I am claiming.

Chris Taylor
http://www.nerys.com/

> What do you mean exceeding your fair use rights?  You're the one who
> claims it's fair use to copy an article and that the copyright only
> protects the entire issue of the NY Times.  Come on big mouth, back up
> your words and post the article.
Bob (this one) - 29 Feb 2004 08:21 GMT
> I never said it protects ONLY the entire paper. it protects all parts of it.
>
> but fair use EXCEMPTS parts of the copyright law for "fair use" purposes.
>
> that and only that is what I am claiming.

Suddenly the wizard Chris needs to lie his way out of the hole he dug
for himself. You said the individual articles aren't separately
subject to copyright and that you could take a whole article because
it was just a small part of the whole paper. Now you're saying that
the individual parts *are* subject to copyright. In that case, you
violated the NYTimes copyright by republishing (yes, that's what you
did) an entire article.

Took you long enough.

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 3 lines]
>>protects the entire issue of the NY Times.  Come on big mouth, back up
>>your words and post the article.
Chris Taylor Jr - 02 Mar 2004 06:27 GMT
I most certaintly did not.

please put up or shut up.

PROVIDE A QUOTE PLEASE. note I keep every single post I have ever made back
to 1995 or so.

PLEASE show me all knowing one where I Have EVER even HINTED as such a
thing.

ALL printed works are copyright the moment they are created. THIS post is
copyright. YOUR post is copyright. that is NOT up for discussion here.

the discussion is WAS My use fair use.

I said it being a small part of the paper qualified it for fair use.

YOU sir are the ONLY one to say that individual articles are not subject to
copyright (well ok I just did not (2nd after you) in quoting you.

please show me your proof.

Chris Taylor
http://www.nerys.com/

> Suddenly the wizard Chris needs to lie his way out of the hole he dug
> for himself. You said the individual articles aren't separately
[quoted text clipped - 15 lines]
> >>protects the entire issue of the NY Times.  Come on big mouth, back up
> >>your words and post the article.
Bob (this one) - 02 Mar 2004 08:56 GMT
> I most certaintly did not.
>
[quoted text clipped - 8 lines]
> ALL printed works are copyright the moment they are created. THIS post is
> copyright. YOUR post is copyright. that is NOT up for discussion here.

Oh, look. Panicky Chris is changing his tune again. In another post
*today* he said the article was copyrighted because it was printed. NO
words about "created."

> the discussion is WAS My use fair use.
>
> I said it being a small part of the paper qualified it for fair use.

Yes, you did. But you also acknowledged *today* in another post that
it was probably copyrighted in its own right as well. That means, by
your own criteria, you infringed on a copyright by quoting AN ENTIRE
WORK, which fair use specifically says can't be done.

> YOU sir are the ONLY one to say that individual articles are not subject to
> copyright (well ok I just did not (2nd after you) in quoting you.

<LOL> Poor sappy Chris. I believe that I told you about the separate
copyrights accruing in a collection. <LOL> Now you try to make it
sound like you introduced the idea. That's utterly hilarious since it
completely destroys any justification you have for quoting AN ENTIRE
WORK as fair use.

> please show me your proof.

As if it has ever mattered before. You routinely ignore, avoid and try
to cancel proofs. Poor sappy Chris... <LOL>

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 18 lines]
>>>>protects the entire issue of the NY Times.  Come on big mouth, back up
>>>>your words and post the article.
Chris Taylor Jr - 02 Mar 2004 20:54 GMT
symantics. printing is creation. creation is not printed. it only works one
way. you are just trying to play on words.

a work MUST be printed (printing is NOT limited to paper you moron) for it
to have a copyright.

the thoughts in your HEAD can not be copyrighted YET they are created the
moment you think of them.

NONE of my tunes are changing. I am just trying to respond to all the "sh.t"
flowing out of your mouth.

So lets get the wording out of the way so you can not troll on them.

a work must be created or printed on a physical medium IE something I can
tangibly hold (holding your BRAIN in my hands does not count sorry)

that means a newspaper. a book. a movie. a song. a poem. a letter an e-mail
a web site a news post. whatever. something "real" in the physical world
etc.. etc..

you know this. you are just trying to troll on symantics.

any use of any part of a identifyable copyrighted work is in an
infringement. fair use does not make it NOT an infringement it simple give
you a waiver.

when I get an FAA waiver to fly my H powered rockets to 10,000 AGL it is
still against the LAW for me to do that. the waiver simply "permits" me to
break the law with the governing body that enforces ie IE the FAA. basically
the FAA is saying we are giving you permission to break the law with this
waiver.

fair use is the same thing. it gives PERMISSION to infringe if certain
conditions are met. I contest that I MET conditions that would permit fair
use to apply if this were ever taken to court.

Get a life

I never tried to make it sound like I created the idea of seperate and
collection. I never contested it. but YOU tried to make it sound like I DID
contest it.

you did that not me. you can try to spin this anyway you want but this is
reality so get used to it.

the posts speak for themselves. YOU introduced the idea of a seperate peice
of a collection as not being copyright when you accused me of saying it. (I
never did)

that is fact. get over it.

Chris Taylor
http://www.nerys.com/

> Oh, look. Panicky Chris is changing his tune again. In another post
> *today* he said the article was copyrighted because it was printed. NO
[quoted text clipped - 47 lines]
> >>>>protects the entire issue of the NY Times.  Come on big mouth, back up
> >>>>your words and post the article.
Dawn Taylor - 02 Mar 2004 21:03 GMT
>NONE of my tunes are changing. I am just trying to respond to all the "sh.t"
>flowing out of your mouth.
>
>So lets get the wording out of the way so you can not troll on them.

Still haven't figured out what the word "troll" means, have you?

HINT: Having your mistakes and inaccuracies pointed out again and
again by people who are smarter, more articulate and less mentally
unstable than you is *not* trolling.

Dawn
carla - 02 Mar 2004 12:53 GMT
[Bob points out that you previously and erroneously claimed your use was
fair use because you only used a tiny portion - one article - from an entire
copyrighted work - a newspaper]

> I most certaintly did not.
>
[quoted text clipped - 5 lines]
> PLEASE show me all knowing one where I Have EVER even HINTED as such a
> thing.

Are you joking?  Have you really forgetten arguments you made forcefully and
repeatedly just days ago?

http://groups.google.com/groups?q=chris+taylor+fair+use+portion++group:alt.suppo
rt.diet.low-carb&hl=en&lr=&ie=UTF-8&group=alt.support.diet.low-carb&c2coff=1&sel
m=6dc51%2440401a42%244456f817%2428744%40allthenewsgroups.com&rnum=1


or

http://tinyurl.com/2kj5k

You said:

> Let me help you along
>
[quoted text clipped - 5 lines]
>
> I am well withing my fair use rights.

Chris, you have made progress by acknowledging the fallacy of this argument.
Please don't undo it by pretending you never made this argument - you must
have an idea of how that makes you appear.

carla
Chris Taylor Jr - 02 Mar 2004 21:06 GMT
negative carla you are utterly incorrect.

he did not claim that. he claimed that I stated that an individual article
of a collection is NOT bound by copyright.

I have NEVER claimed this. please show me ONE TIME where I even hinted at
it.

Chris Taylor
http://www.nerys.com/

> [Bob points out that you previously and erroneously claimed your use was
> fair use because you only used a tiny portion - one article - from an entire
[quoted text clipped - 13 lines]
> Are you joking?  Have you really forgetten arguments you made forcefully and
> repeatedly just days ago?

http://groups.google.com/groups?q=chris+taylor+fair+use+portion++group:alt.s
upport.diet.low-carb&hl=en&lr=&ie=UTF-8&group=alt.support.diet.low-carb&c2co
ff=1&selm=6dc51%2440401a42%244456f817%2428744%40allthenewsgroups.com&rnum=1

> or
>
[quoted text clipped - 17 lines]
>
> carla
Bob (this one) - 03 Mar 2004 01:13 GMT
> negative carla you are utterly incorrect.
>
> he did not claim that. he claimed that I stated that an individual article
> of a collection is NOT bound by copyright.

Hey, shitwit. Get your own facts straight. You said that it was ok to
post the whole article because it was a small part of the entire
newspaper and it would be ok under fair use. I told *you* that each
article was a separate entity.

That does seem to imply that you thought that fair use was permissible
if only a part of a whole were quoted. So you were saying all along
that fair use only permits small sections of whole works. Pity that
you didn't understand that each article, each ad, each picture is a
separate work. Or you lied about it to try to weasel your way out of
the blunder you did.

Pastorio

> I have NEVER claimed this. please show me ONE TIME where I even hinted at
> it.
[quoted text clipped - 56 lines]
>>
>>carla
Chris Taylor Jr - 03 Mar 2004 06:55 GMT
No you get your facts straight.

the claim was made that I said that because the article was a small part
that it did not have copyright protection.

I NEVER SAID such a thing. PERIOD.

I said that it was covered under fair use. NOTHING more Nothing Less.

You can spin and twist all you want but those are the facts.

Chris Taylor
http://www.nerys.com/

> Hey, shitwit. Get your own facts straight. You said that it was ok to
> post the whole article because it was a small part of the entire
[quoted text clipped - 41 lines]
> >
> >>repeatedly just days ago?

http://groups.google.com/groups?q=chris+taylor+fair+use+portion++group:alt.s

upport.diet.low-carb&hl=en&lr=&ie=UTF-8&group=alt.support.diet.low-carb&c2co

ff=1&selm=6dc51%2440401a42%244456f817%2428744%40allthenewsgroups.com&rnum=1

> >>or
> >>
[quoted text clipped - 20 lines]
> >>
> >>carla
The Queen of Cans and Jars - 03 Mar 2004 14:37 GMT
> the claim was made that I said that because the article was a small part
> that it did not have copyright protection.
>
> I NEVER SAID such a thing. PERIOD.
>
> I said that it was covered under fair use. NOTHING more Nothing Less.

yes.  and you've been told, over and over and over again, that YOU'RE
WRONG, YOU BIG DUMBFUCK.  

the sooner you accept that fact, the sooner you can shut up about this
and get on with what passes for your life.
Bob (this one) - 03 Mar 2004 14:44 GMT
>>the claim was made that I said that because the article was a small part
>>that it did not have copyright protection.
[quoted text clipped - 8 lines]
> the sooner you accept that fact, the sooner you can shut up about this
> and get on with what passes for your life.

What are the odds...?

<LOL>

Bob
Chris Taylor Jr - 03 Mar 2004 20:51 GMT
On nothing more than your guys say so ??

thats easy. 0% probability. period

Chris Taylor
http://www.zodiacreview.com/

> What are the odds...?
>
> <LOL>
>
> Bob
The Queen of Cans and Jars - 03 Mar 2004 21:16 GMT
> >>the claim was made that I said that because the article was a small part
> >>that it did not have copyright protection.
[quoted text clipped - 10 lines]
>
> What are the odds...?

slim to none, i know, but i needed to vent!

;)
Chris Taylor Jr - 03 Mar 2004 20:50 GMT
Then you acknowledge that the claim was false

yes or no

do you acknowledge that I NEVER said the copyright does not exist on the
individual article (THAT is the claim that was made)

again yes or no. if no PROVE IT. show me where I said it.

Chris Taylor
http://www.nerys.com/

> > the claim was made that I said that because the article was a small part
> > that it did not have copyright protection.
[quoted text clipped - 8 lines]
> the sooner you accept that fact, the sooner you can shut up about this
> and get on with what passes for your life.
The Queen of Cans and Jars - 03 Mar 2004 21:18 GMT
> Then you acknowledge that the claim was false
>
[quoted text clipped - 4 lines]
>
> again yes or no. if no PROVE IT. show me where I said it.

i can't be arsed, since i don't read much of what you write.
Julia - 28 Feb 2004 18:50 GMT
I tried linking to your article, Pat, and all I got was the sign-in page.

Julia

> >first the posting was fair use. Second it complied with the NYtimes
> >conditions above since you CAN NOT link to the article on nytimes.com "and"
[quoted text clipped - 20 lines]
>
> OK.  Your turn.
Pat Paris - 28 Feb 2004 19:33 GMT
>I tried linking to your article, Pat, and all I got was the sign-in page.

So sign in and it will take you to the article.  Click on the
"Remember my Member ID and password on this computer" box and you will
not need to log in next time.  It's pretty simple.
Chris Taylor Jr - 29 Feb 2004 06:00 GMT
the point you dingle berry was that as nytimes tried to claim you could NOT
link directly to teh article.

even if you do what you suggest it STILL not a direct link you just do not
see the "intermediate steps" if the browser and system auto logging you in.

its an INDIRECT link. NOT a direct link.

this is fact. you have no basis on which to refute it.

Chris Taylor
http://www.nerys.com/

> >I tried linking to your article, Pat, and all I got was the sign-in page.
> >
> So sign in and it will take you to the article.  Click on the
> "Remember my Member ID and password on this computer" box and you will
> not need to log in next time.  It's pretty simple.
Bob (this one) - 29 Feb 2004 08:24 GMT
> the point you dingle berry was that as nytimes tried to claim you could NOT
> link directly to teh article.

Stupid boy. The times lets people link directly to the article if
they're registered.

> even if you do what you suggest it STILL not a direct link you just do not
> see the "intermediate steps" if the browser and system auto logging you in.
>
> its an INDIRECT link. NOT a direct link.

But that doesn't matter. The intricacies of the process are irrelevant
if you can click on a URL and find yourself at the article.

> this is fact. you have no basis on which to refute it.

There's no need to refute it. It's irrelevant to your copying a whole
copyrighted article and republishing it and trying to scam your way
through it by claiming fair use.

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 4 lines]
>>"Remember my Member ID and password on this computer" box and you will
>>not need to log in next time.  It's pretty simple.
Chris Taylor Jr - 02 Mar 2004 06:29 GMT
That stipulation is not in their wording.

and it is also still not correct. if a user does not allow or is not able to
allow cookies it will NOT direct link even if your are registered. for
example I DO have a nytimes account it did NOT autolog me in. it gave me a
signup page.

and just because a log in page is transparent to the user does not qualify
it as a direct link.

they did not say if you can LINK to the article. they said if you can DIRECT
LINK to the article. direct is their wording not mine.

Chris Taylor
http://www.nerys.com/

> Stupid boy. The times lets people link directly to the article if
> they're registered.
[quoted text clipped - 23 lines]
> >>"Remember my Member ID and password on this computer" box and you will
> >>not need to log in next time.  It's pretty simple.
Pat Paris - 29 Feb 2004 18:17 GMT
>the point you dingle berry was that as nytimes tried to claim you could NOT
>link directly to teh article.
[quoted text clipped - 3 lines]
>
>its an INDIRECT link. NOT a direct link.

Great.  So you are saying that posting the following article would not
be a violation of the NY Times copyright.  Well, let's see you post
the entire article, big mouth.  I'm guessing you don't have the balls
to back up your words because even you know you're full of sh.t.  

http://www.nytimes.com/2004/02/22/weekinreview/22kola.html
Vegetarians vs. Atkins: Diet Wars Are Almost Religious

Let's see the whole article.
Chris Taylor Jr - 02 Mar 2004 06:31 GMT
I am saying it would be a PERMITTED violation IE covered under fair use.

fair use is like a waiver. it allows you to break the rules (if it qualified
for fair use)

by the way I again got a registration log in page when I tried to get to
this page.

and for your eyes to behold from www.nytimes.com via an indirect link

Vegetarians vs. Atkins: Diet Wars Are Almost Religious
By GINA KOLATA

Published: February 22, 2004

HE charges that his group is like the Taliban. He claims that her group's
dangerous message has "spread like a virus across North America, Europe and
elsewhere."

The issue inspiring such invectives? Not religion, but diets.

The latest spat is between Veronica Atkins, widow of Robert Atkins, the
doctor who promoted a low-carbohydrate diet, heavy on the meats, and the
Physicians Committee for Responsible Medicine, a group that advocates
vegetarianism.

After Dr. Atkins died last April, the vegetarian group obtained his medical
records and gave them to The Wall Street Journal, which reported this month
that he weighed 258 pounds and had signs of congestive heart failure. (Mrs.
Atkins has said her husband's high weight was the result of fluid buildup
from the accidental fall that killed him.)

The vegetarians had already formed their conclusions. "Many health
authorities have been shocked and greatly troubled by the spread of the
Atkins phenomenon," the group proclaimed on its Web site.

Obesity researchers say they know the phenomenon all too well. Weight loss
can be like a religious epiphany. Someone loses weight on a diet. They are
ecstatic and want to share the good news. "These people are believers," says
Dr. Gary D. Foster, director of the weight and eating disorders program at
the University of Pennsylvania. Diet books are written in the same spirit.
"Evangelism creeps in,'' he said. "It's a way of marketing why this diet is
different."

The arguments over diet go way back, said Dr. Rudolph L. Leibel, an obesity
researcher at Columbia University's College of Physicians and Surgeons.
"They are in fact an echo of the discredited scientific notion of vitalism,"
he said of the idea that living things are not governed by the laws of
chemistry and physics.

Although vitalism was disproved 200 years ago, he said, it is behind the
fevered search for a magic way of eating that can override the rigid
scientific formula: calories in minus calories out govern weight gain and
weight loss. Discovering a diet, Dr. Leibel says, "is almost like a
revelation."

The 19th century saw, for example, the emergence of the Rev. Sylvester
Graham, a promoter of vegetarianism for whom the Graham cracker was named.
Graham insisted that people could rise above hunger and cravings if they
would just stop being slaves to their stomachs. His followers favored fresh
fruits and vegetables, grown without fertilizers, and made bran bread. They
established "physiological boardinghouses" where people could live the
Graham way. Skeptics were scathing. Dinner at a Graham house, they said,
featured delicacies like "straggling radishes," "a soggy bunch of asparagus"
and "corpses of potatoes," washed down with "a tumbler of cold water."

Low-carbohydrate diets emerged in 1825 in "The Physiology of Taste," a book
by a French lawyer, Jean Anthelme Brillat-Savarin, that was a sensation
across the Atlantic. He knew some would object to his prescription but, he
warned, they would suffer the consequences:

" 'Oh Heavens!' all you readers of both sexes will cry out, 'Oh Heavens
above! But what a wretch the Professor is! Here in a single word he forbids
us everything we must love, those little white rolls from Limet, and
Achard's cakes, and those cookies. He doesn't even leave us potatoes or
macaroni! Who would have thought this of a lover of good food who seemed so
pleasant?'

" 'What's this I hear?' I exclaim, putting on my severest face, which I do
perhaps once a year. 'Very well then; eat! Get fat! Become ugly and thick,
and asthmatic, finally die in your own melted grease. ' "

In 1863, the low-carbohydrate diet returned after the publication of "Letter
on Corpulence'' by a London undertaker, William Banting. At 5 feet 5 and 202
pounds, he suffered, he said, "sneers and remarks of the cruel and
injudicious." But after a doctor told him to cut back on carbohydrates, he
lost 50 pounds. "I am most thankful to Almighty Providence for mercies
received, and determined still to press the case into public notice as a
token of gratitude," he wrote.

Vegetarians vs. Atkins: Diet Wars Are Almost Religious

Published: February 22, 2004

(Page 2 of 2)

So many were converted that for decades in the United States, the word for
dieting was "banting." The term is still used in Britain, says Dr. Hillel
Schwartz, a cultural historian and visiting scholar at the University of
California at San Diego.

By the turn of the century, another diet was all the rage. It was the work
of Horace Fletcher, who was inspired by the deplored American habit of
devouring food, barely taking time to chew it. Eat only when you are hungry,
he said, eat only those foods you crave, and chew every morsel of food until
no more taste can be extracted from it. As proof, Fletcher gleefully told
how his weight had plummeted. In June 1898, he weighed 205 pounds. Four
months later he weighed 163, losing seven inches from his waist.

He gained celebrity endorsements. Upton Sinclair chanced upon a magazine
article about Fletcher. It was "one of the great discoveries of my life," he
wrote. John D. Rockefeller Sr. was Fletcherizing. "Don't gobble your food,"
he wrote. "Fletcherize or chew very slowly when you eat."

But some became disillusioned. Henry James began with great enthusiasm,
giving Fletcher's book "The New Glutton" to his neighbors and claiming it
changed his life. He wrote to Edith Wharton about "the divine Fletcher" and
to his friend Mrs. Humphrey Ward: "Am I a convert, you ask? A fanatic." But
after five years, he was having stomach troubles his doctor attributed to
Fletcherism. James found himself "more and more sickishly loathing food."

Over the next century, diet evangelism continued, with diet books and gurus
extolling one program after another. Yet, notes Dr. Schwartz, "We keep
coming back to the same kinds of diets recycled under different names." With
the emergence of each new trend, he said, "there is a different explanation
of why it is effective."

Today, more than ever, those who want to lose weight find themselves pushed
and pulled by diet converts.

Jerry Gordon, a Philadelphia record producer, says that, at 5 feet 4 and 227
pounds, he is an obvious target for proselytizers, including his slender
wife, who lives on a low-calorie diet. "She has been trying to get me to eat
and behave like her for the last 22 years," he says.

On the other hand, it seems as if everywhere he looks, people are dropping
pounds and telling him they are doing it not by restricting calories, but
with a low-carbohydrate diet. Mr. Gordon enrolled in a research study,
conducted by Dr. Foster, that randomly assigns people to the Atkins diet or
a low-calorie one. He confesses that he was hoping for the Atkins diet. But
he got the low-calorie one. "My wife is real excited," he said.

Chris Taylor

http://www.nerys.com/

> Great.  So you are saying that posting the following article would not
> be a violation of the NY Times copyright.  Well, let's see you post
[quoted text clipped - 5 lines]
>
> Let's see the whole article.
Pat Paris - 02 Mar 2004 10:37 GMT
>and for your eyes to behold from www.nytimes.com via an indirect link

You really are a moron.  I hope the NY Times comes down on you with
both feet this time.
Chris Taylor Jr - 02 Mar 2004 20:54 GMT
I I will land both of my feet on them and tell them to screw off.

Like I said I fight for my rights.

Chris Taylor
http://www.nerys.com/

> >and for your eyes to behold from www.nytimes.com via an indirect link
> >
> You really are a moron.  I hope the NY Times comes down on you with
> both feet this time.
Carmen - 02 Mar 2004 22:05 GMT
Hi,

> > You really are a moron.  I hope the NY Times comes down on you
> > with both feet this time.

> I will land both of my feet on them and tell them to screw off.
> Like I said I fight for my rights.

Chris *please*.  It's sad to watch, and it's gone on so very long.
Right now you don't appear to recognize your immaturity level, but
someday you may.  For the sake of the 'mature Chris' that has yet to
be: let it go.

Take care,
Carmen
Chris Taylor Jr - 03 Mar 2004 06:54 GMT
I have told big corps to screw off before and survived.

if I think I am right I will fight. if that gets me burned so be it.

its as simple as that and its not negotiable.

Chris Taylor
http://www.nerys.com/

> Chris *please*.  It's sad to watch, and it's gone on so very long.
> Right now you don't appear to recognize your immaturity level, but
[quoted text clipped - 3 lines]
> Take care,
> Carmen
The Queen of Cans and Jars - 28 Feb 2004 01:32 GMT
> Trolls like to have fun on newsgroups.

nothing gets past you, does it?
Chris Taylor Jr - 28 Feb 2004 04:36 GMT
I wish you would get past me.

you at worst a pain in the butt.

Get over yourself.

Chris Taylor
http://www.nerys.com/

> > Trolls like to have fun on newsgroups.
>
> nothing gets past you, does it?
Bob (this one) - 28 Feb 2004 05:11 GMT
> I wish you would get past me.

She's so far past you, she's coming around again.

> you at worst a pain in the butt.

<LOL> Engrish she is a hardly langridge, either?

Pastorio

> Get over yourself.
>
[quoted text clipped - 4 lines]
>>
>>nothing gets past you, does it?
The Queen of Cans and Jars - 28 Feb 2004 07:21 GMT
> you at worst a pain in the butt.

boy, you sure told me!
Chris Taylor Jr - 28 Feb 2004 10:47 GMT
Telling you and having you "comprehend" are two seperate things.

alas I do not think you are capable of the latter.

Chris Taylor
http://www.nerys.com/

> > you at worst a pain in the butt.
>
> boy, you sure told me!
Stan Marks - 28 Feb 2004 01:37 GMT
> http://www.nerys.com/

Hey, Chris...

If you would be interested in having someone clean up the grammar,
spelling, punctuation, etc. on your web site to make it more legible -  
and to at least give you the "appearance" of being a
reasonably-educated, articulate person, I would be happy to offer my
services. My rates are affordable; however, judging from the number of
such errors I found through a cursory inspection of your web site, the
cost could amount to a considerable sum of money. ;)

Stan
PlacidBull - 28 Feb 2004 01:56 GMT
This is a very "cool" thread ... you guys just keep insulting each other
and I will keep adding you all to my block sender list ... in no time at all
I will only have nice messages to read ... keep up the good work!

Placid

> > http://www.nerys.com/
>
[quoted text clipped - 9 lines]
>
> Stan
Stan Marks - 28 Feb 2004 02:57 GMT
> This is a very "cool" thread ... you guys just keep insulting each other
> and I will keep adding you all to my block sender list ... in no time at all
> I will only have nice messages to read ... keep up the good work!
>
> Placid

LOL! Actually, if you do that, in no time at all, you won't have ANY
messages to read! ;)

Stan
Chris Taylor Jr - 28 Feb 2004 04:48 GMT
Sadly tiss the nature of newsgroups. sometimes I will drop out of a group
just because the stress level gets to the point of me realizing WHY BOTHER.
what is their to gain.

but one issue I tend to put a little more effort into and absorb a little
more stress over is my RIGHTS that thousands and thousands died to give to
me.

I DO NOT take kindly to them being taken from me.

Chris Taylor
http://www.nerys.com/

> This is a very "cool" thread ... you guys just keep insulting each other
> and I will keep adding you all to my block sender list ... in no time at all
> I will only have nice messages to read ... keep up the good work!
>
> Placid
JC Der Koenig - 28 Feb 2004 04:49 GMT
"tiss"?

> Sadly tiss the nature of newsgroups. sometimes I will drop out of a group
> just because the stress level gets to the point of me realizing WHY BOTHER.
[quoted text clipped - 15 lines]
> >
> > Placid
Bob (this one) - 28 Feb 2004 05:25 GMT
> but one issue I tend to put a little more effort into and absorb a little
> more stress over is my RIGHTS that thousands and thousands died to give to
> me.

Nobody died for you to violate another's copyright, whiny-boy. Nobody
died for you to excuse yourself from taking responsibility for a
careful look at the real issues of your behavior.

> I DO NOT take kindly to them being taken from me.

<LOL> Schoolboy justification for violating copyright laws. One more
hilarious gaffe in a long list of them.

Contacts the NYTimes to try to pull their chain and gets a reply.
Thinks it's a game. Here's a list of life rules, You don't tug on
Superman's Cape. You don't spit into the wind. You don't mess around
with the old Lone Ranger... I know. Already too complex.

Talk to the music downloaders. They only downloaded *one* song from
the CD's, so no violation, right, lawyer-boy? So how come the law has
stuck them? Got awful quiet here...

Pastorio
Chris Taylor Jr - 28 Feb 2004 10:53 GMT
Thats another issue all together.

I DOWNLOAD music. am I violating copyright. YES I have no problem admitting
that. the labels are SCREWING consumers (forcing us to buy cd site unseen
(unheard) with NO recourse if we get burned)

what else can we do but defy them legal or not. I sure can not take them to
court. the suit their lawyers wear probably cost more than my car.

Normally this would cause a company to reevaluate and learn to STOP SCREWING
the consumers. not the RIAA instead they try to bully everyone into
accepting their crap with lawsuits.

On another note I also BUY the music I keep. mp3's suck quality wise. I
could never accept listening to mp3's every day. I want the good stuff. the
CD's and since I can not return one that sucks I can and WILL find another
way to make sure what I am paying for is what I want.

intellectual property rights laws have swung WAY to far away from consumers
and into the hands of the sellers. this is wrong and needs to change.

When you create a work the laws should be created such that YOUR rights come
first. When you SELL your work the laws should be such that MY rights comes
first since its MY MONEY that is paying for it.

It used to be that this was how things worked (legally and in practice)
sadly that is changing.

Chris Taylor
http://www.nerys.com/

> Talk to the music downloaders. They only downloaded *one* song from
> the CD's, so no violation, right, lawyer-boy? So how come the law has
> stuck them? Got awful quiet here...
>
> Pastorio
Bob (this one) - 29 Feb 2004 02:15 GMT
Bob (this one) wrote:

>>Talk to the music downloaders. They only downloaded *one* song from
>>the CD's, so no violation, right, lawyer-boy? So how come the law
>>has stuck them? Got awful quiet here...
>>
>>Pastorio

> Thats another issue all together.
>
> I DOWNLOAD music. am I violating copyright. YES I have no problem admitting
> that. the labels are SCREWING consumers (forcing us to buy cd site unseen
> (unheard) with NO recourse if we get burned)

Forget the excuses, whiner. You violated copyright by copying *one*
song out of a collection. Each song is copyrighted separately and the
total performance (tape, CD, vinyl or whatever permanent medium) is
also copyrighted. You took one piece out of a whole and that's a
violation, just like you say. Same thing as a newspaper.

End of story.

> what else can we do but defy them legal or not. I sure can not take them to
> court. the suit their lawyers wear probably cost more than my car.
>
> Normally this would cause a company to reevaluate and learn to STOP SCREWING
> the consumers. not the RIAA instead they try to bully everyone into
> accepting their crap with lawsuits.

Written by someone who has created no works for sale. Only a fool who
has no stake in selling intellectual effort would say this.

> On another note I also BUY the music I keep. mp3's suck quality wise. I
> could never accept listening to mp3's every day. I want the good stuff. the
> CD's and since I can not return one that sucks I can and WILL find another
> way to make sure what I am paying for is what I want.

Copying for free...? Great way to make sure you get what you're paying
for.

> intellectual property rights laws have swung WAY to far away from consumers
> and into the hands of the sellers. this is wrong and needs to change.

Um, it *stays* in the hands of the copyright owner where it belongs.

> When you create a work the laws should be created such that YOUR rights come
> first. When you SELL your work the laws should be such that MY rights comes
> first since its MY MONEY that is paying for it.
>
> It used to be that this was how things worked (legally and in practice)
> sadly that is changing.

Chris, you're desperately over your head with this subject. When you
create a work, it is automatically copyrighted and the owners rights
are elaborated from that. When the artist sells the CD or the book or
whatever, you're not buying any rights to the work, you're merely
buying a copy of it. It has never been that ownership of copyright
passed with the purchase of a copy.

Your money has purchased a copy. Not the rights of ownership of the
work; only the ownership of that copy. You may sell, give away,
destroy or otherwise deal with *that copy* but you have no further
rights to it.

Pastorio
Chris Taylor Jr - 29 Feb 2004 05:51 GMT
Below ??

> > I DOWNLOAD music. am I violating copyright. YES I have no problem admitting
> > that. the labels are SCREWING consumers (forcing us to buy cd site unseen
> > (unheard) with NO recourse if we get burned)
>
> Forget the excuses, whiner. You violated copyright by copying *one*
> song out of a collection.

Are you dumb as well as blind ? let me quote the words of mine that you
yourself quoted.

"am I violating copyright. YES I have no problem admitting
> > that."

> Each song is copyrighted separately and the
> total performance (tape, CD, vinyl or whatever permanent medium) is
> also copyrighted. You took one piece out of a whole and that's a
> violation, just like you say. Same thing as a newspaper.

You are twisting things. fair use PERMITS taking one peice of a whole. thats
the point.

now for music 1 whole song although only a peice is STILL more than fair use
permits.

MY interpritation of fair use (that I have yet to have anyone successfully
prove to me otherwise) is that taking 1 small article of a paper to DO
exactly what fair use was INTENDED to allow is permitted under fair use.

IF I am "proven" wrong so be it. till then I will accept my interpritation
as the correct one.

> Written by someone who has created no works for sale. Only a fool who
> has no stake in selling intellectual effort would say this.

First I do have "works" for sale. I am a photographer. I even have works IN
national magazines (nov/dec 2000 issue of Extreme Rocketry IIRC)

I got a full cover shot and centerfold pull out.

where are your works ? thats just my most prominent so far.

and I have a far more important WORK that I DAMN WELL want to be compensated
for.

you probably have some of these too. its those little rectangles of green
and white paper in your pocket. its called money. you know the works you
give your LIFE's blood and sweat to aquire.

THOSE in our kind of society are the SINGLE most important works around.

I WANT TO BE COMPENSATED for them when I hand them over for a CD.

> Copying for free...? Great way to make sure you get what you're paying
> for.

They are taking my money for free. woopee ? and it is. if I like it I buy it
if I don't I do not buy it. simple as that. I have even ordered from as far
as hong kong and JAPAN to "pay" for the mp3's that I already posses.

I have NO problem living with  my morality. I have good morals and I will
live by them. I also have principles and will NOT tolerate anyone trampling
on my principles and rights.

if that lands me in jail SO BE IT. I will not tolerate it being done.
period.

> Um, it *stays* in the hands of the copyright owner where it belongs.

NEGATIVE. WAY off base. what about MY RIGHTS. you know MY WORK. the MONEY in
my pocket.

I will say this one more time. if it does not get through your skull then
you are hopeless.

when someone creates a work they can and should have absolute rights to that
work.

BUT when they go from creating a work to SELLING A WORK for MY HARD EARNED
MONEY. theyr damned well and usually are provisions in place to PROTECT ME
from being burned. to PREVENT a "copyright" owner from ABUSING the law in
order to SCAM me for my money.

THIS is the part of the equation that is swinging the wrong way.

PLEASE by all means go out and take a picture. get an 8x10 printed.

NOW try to get someone to buy it. their is a catch though. they are NOT
allowed to SEE it first. they are not allowed to even look at it from any
level. you must also alert them to the fact that they WILL NOT be able to
get any kind of refund or exchange short of another copy of the same thing
of the first is defective.

tell them if they want to go roaming the country they MIGHT be able to find
a copy somewhere where they can glance (good luck)

I would love to see you sell even ONE.

Good Luck

THIS is what the music industry is doing AND getting away with every day and
it is NOT right.

> Chris, you're desperately over your head with this subject. When you
> create a work, it is automatically copyrighted and the owners rights
> are elaborated from that. When the artist sells the CD or the book or
> whatever, you're not buying any rights to the work, you're merely
> buying a copy of it. It has never been that ownership of copyright
> passed with the purchase of a copy.

Since when did I ever give you an inclination to believe that I thought
otherwise ?

that does not change the fact that the money in my pocket is also MINE. and
their are SUPPOSED To be laws in place to keep people from SCAMMING it from
me.

and actually your wrong. ownership of copyright can and DOES pass with the
purchase of the current owner does so (it happens everyday) but I know what
you meant. it does NOT occur when a consumer buys a "copy" that was never in
question. so why did you bring it up ?

> Your money has purchased a copy. Not the rights of ownership of the
> work; only the ownership of that copy. You may sell, give away,
> destroy or otherwise deal with *that copy* but you have no further
> rights to it.

and what about the rights to MY MONEY. you keep ignoring that part.

Chris Taylor
http://www.zodiacreview.com/
Bob (this one) - 29 Feb 2004 09:01 GMT
> Below ??
>
[quoted text clipped - 10 lines]
> "am I violating copyright. YES I have no problem admitting
> that."

Poor Chris. Misses the point. Again. And again...

>>Each song is copyrighted separately and the
>>total performance (tape, CD, vinyl or whatever permanent medium) is
[quoted text clipped - 3 lines]
> You are twisting things. fair use PERMITS taking one peice of a whole. thats
> the point.

Time for you to put up or shut up, Sparky. Where does it say that?
Where does it say that "fair use PERMITS taking one peice of a whole"?
Not in any of the cites I offered. And since you haven't offered any,
it might be good for you to show where that comes from.

> now for music 1 whole song although only a peice is STILL more than fair use
> permits.

Why is that logic-boy? What's the sacred point of a song being
different than an article? They're both created apart for the whole.
That means they acquired copyright at a different time than the whole.
That means they have their own copyrights subject to all the laws and
exclusions. It means you can't have a song legally and you can't have
an article legally.

> MY interpritation of fair use (that I have yet to have anyone successfully
> prove to me otherwise) is that taking 1 small article of a paper to DO
> exactly what fair use was INTENDED to allow is permitted under fair use.
>
> IF I am "proven" wrong so be it. till then I will accept my interpritation
> as the correct one.

You have been proven wrong. This is one of those times you're so proud
of when you admit error. Remember how proud you are of your open mind
and receptive stance? Right.

You've offered not one single substantiating source for your
interpretation. NOwhere does it say you can take an article out of a
newspaper and claim it to be fair use.

>>Written by someone who has created no works for sale. Only a fool who
>>has no stake in selling intellectual effort would say this.
[quoted text clipped - 3 lines]
>
> I got a full cover shot and centerfold pull out.

So it would be ok with you if I took one of them and used it for my
packaged rocket motors that I'm about to sell worldwide? No prob,
right? It's just part of a whole so I can take it as fair use, right?

> where are your works ? thats just my most prominent so far.

Your google not connected?

> and I have a far more important WORK that I DAMN WELL want to be compensated
> for.

And when it's published in national magazines, anybody who wants to
can pick them up and use them for whatever they want to because it's
just part of a whole. And they can't link directly to the picture, so
it's ok.

> you probably have some of these too. its those little rectangles of green
> and white paper in your pocket. its called money. you know the works you
> give your LIFE's blood and sweat to aquire.

You can't imagine how many of them I've handled and how many I still
have.

> THOSE in our kind of society are the SINGLE most important works around.
>
> I WANT TO BE COMPENSATED for them when I hand them over for a CD.

The rule of caveat emptor is nothing new. "Buyer beware" is a guiding
force in any transaction. Always has been. Always will be. You get
what you pay for. A copy of a CD. There's no guarantee that you'll
like it. That's your problem.

But when you steal the work of others who also want to be paid, they
don't have that right? Is that about how it goes? That music you
download is somehow different? Those people don't deserve to be paid?

>>Copying for free...? Great way to make sure you get what you're paying
>>for.
>
> They are taking my money for free.

They are giving you a CD that no one forces you to buy. If you don't
think it's a good value, don't buy it. But you seem to think that it's
ok to steal it because it's not guaranteed to be what you like.

> woopee ? and it is. if I like it I buy it
> if I don't I do not buy it. simple as that. I have even ordered from as far
[quoted text clipped - 3 lines]
> live by them. I also have principles and will NOT tolerate anyone trampling
> on my principles and rights.

But you'll cheerfully trample other people's rights. What a hypocrite.

> if that lands me in jail SO BE IT. I will not tolerate it being done.
> period.
[quoted text clipped - 3 lines]
> NEGATIVE. WAY off base. what about MY RIGHTS. you know MY WORK. the MONEY in
> my pocket.

You have no rights in the ways you're trying to assert.

> I will say this one more time. if it does not get through your skull then
> you are hopeless.
[quoted text clipped - 6 lines]
> from being burned. to PREVENT a "copyright" owner from ABUSING the law in
> order to SCAM me for my money.

The merchandise in that jewel case is what you're buying. There's no
guarantee beyond it's merchantability. There's no guarantee beyond
that it'll play on your CD player. The copyright laws protect the
intellectual property of the holder.

> THIS is the part of the equation that is swinging the wrong way.
>
[quoted text clipped - 8 lines]
> tell them if they want to go roaming the country they MIGHT be able to find
> a copy somewhere where they can glance (good luck)

See, a.shole, there's a chain of music stores here called PLan 9 that
will let you listen to the CD before purchase. You can hear music on
the radio and on tv. There are sources other than outright theft like
you do to preview the music. Your whining excuses are nothing more
than the juvenile rationalizations of a simple thief.

> I would love to see you sell even ONE.
>
> Good Luck
>
> THIS is what the music industry is doing AND getting away with every day and
> it is NOT right.

Sorry. You happen not to like it. That doesn't attach any rightness or
wrongness to it. It's just something you don't like. It doesn't grant
you license to be a crook.

>>Chris, you're desperately over your head with this subject. When you
>>create a work, it is automatically copyrighted and the owners rights
[quoted text clipped - 5 lines]
> Since when did I ever give you an inclination to believe that I thought
> otherwise ?

Get serious. You've been whining about how the music companies are
screwing you you. Waaa waaa waaa, poor Chris.

> that does not change the fact that the money in my pocket is also MINE. and
> their are SUPPOSED To be laws in place to keep people from SCAMMING it from
> me.

There are laws to *punish* people who do. There are no laws that can
prevent anything. If you buy a CD and give them money, that's the
transaction. If you don't like it, you don't have to do it. No one is
forcing you to listen to music. And no one is forcing you to steal it,
either. You do that all by yourself.

> and actually your wrong.

Nope. In the case of someone selling or giving away their copyright
(it has to be in writing), that's a contract matter. It never happens
with the sale of a copy.

> ownership of copyright can and DOES pass with the
> purchase of the current owner does so (it happens everyday) but I know what
> you meant. it does NOT occur when a consumer buys a "copy" that was never in
> question. so why did you bring it up ?

Because above and below, you say:

> and what about the rights to MY MONEY. you keep ignoring that part.

> NEGATIVE. WAY off base. what about MY RIGHTS. you know MY WORK. the
> MONEY in my pocket.

>>Your money has purchased a copy. Not the rights of ownership of the
>>work; only the ownership of that copy. You may sell, give away,
>>destroy or otherwise deal with *that copy* but you have no further
>>rights to it.

And here you bring up your money again. You need to read up on lots of
elements of law before you get into these conversations.

> and what about the rights to MY MONEY. you keep ignoring that part.

Your money has no rights beyond acquiring a copy. Period. You don't
have to like it, you just have to adhere to it. Or you'll find the law
on your ignorant, whining, thieving, infringing a.s just like you deserve.

Pastorio
Chris Taylor Jr - 02 Mar 2004 06:35 GMT
A song is not news. its not "information" in the traditional sense.

its art. its entertainment. traditionally in the courts "media" of this sort
has gained far less "fair use" allowances than things such as oh I don;t
know. NEWS articles.

fair use was designed to allow for dabate and discussion and criticism.

thats the POINT of fair use.

Chris Taylor
http://www.nerys.com/

> Why is that logic-boy? What's the sacred point of a song being
> different than an article? They're both created apart for the whole.
> That means they acquired copyright at a different time than the whole.
> That means they have their own copyrights subject to all the laws and
> exclusions. It means you can't have a song legally and you can't have
> an article legally.
Bob (this one) - 02 Mar 2004 09:05 GMT
> A song is not news. its not "information" in the traditional sense.

Copyright law makes no distinction between "news" or "information" or
any other description of the work in those vague terms. It cites
"works" as being copyrighted. In that regard, a song, a poem, a novel,
a play, an article in a publication - are all "works" and subject to
the same protection. There are no "traditional senses" in copyright law.

Copyright law is about property rights for the owner.

> its art. its entertainment. traditionally in the courts "media" of this sort
> has gained far less "fair use" allowances than things such as oh I don;t
> know. NEWS articles.

You're right, you don't know.

> fair use was designed to allow for dabate and discussion and criticism.
>
> thats the POINT of fair use.

Yes, it is. And the only permissible way to do it is to take excerpts
of a work sufficient to introduce the point to be discussed. Nowhere
does fair use say that an entire work may be copied and republished.
Period. Nowhere.

The size of the work is also a factor. A short piece in a magazine is
less susceptible to fair use quotation because it means that a
"significant proportion" of it will be quoted without permission. That
issue of "substantial" quotation is central to fair use. The work
can't be quoted fully as you did with the first article and have
wisely (and weaselly) refused to do again.

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 5 lines]
>>exclusions. It means you can't have a song legally and you can't have
>>an article legally.
carla - 02 Mar 2004 12:34 GMT
> > A song is not news. its not "information" in the traditional sense.
>
[quoted text clipped - 3 lines]
> a play, an article in a publication - are all "works" and subject to
> the same protection.

Well, that's not entirely true.  News items and other works conveying
factual information have a somewhat "thinner" copyright because others are
entitled to use the underlying facts provided they do not copy the text.  (I
am using the word "copy" within the technical meaning of the act - it
includes conduct short of pure mechanical duplication.)  So a work of
fiction, say, is entitled to a "thicker" copyright, protection that runs
deeper than the words on the page and may reach storylines and characters.
The law on just how thick such a copyright runs is somewhat unclear and very
much in flux as copyright holders continue to press the boundaries of their
rights (the only way to define them, of course).  At any rate, this concept
is why, if I write a novel featuring Harry Potter and Hermione Granger I am
likely in violation of copyright, but if I write a history of the Iraq War
drawing primarily on back issues of the Washington Post for my research I am
not.

Otherwise, Bob, I quite agree with everything you have said to Chris in this
thread.

carla
Bob (this one) - 02 Mar 2004 16:07 GMT
>>>A song is not news. its not "information" in the traditional sense.
>>
[quoted text clipped - 9 lines]
> am using the word "copy" within the technical meaning of the act - it
> includes conduct short of pure mechanical duplication.)

Agreed. But it goes back to the notion that ideas can't be
copyrighted, only expression. The reported facts are not independently
subject to protection. As you suggest, actually copying the words used
to delineate those facts is infringing.

> So a work of
> fiction, say, is entitled to a "thicker" copyright, protection that runs
[quoted text clipped - 6 lines]
> drawing primarily on back issues of the Washington Post for my research I am
> not.

It's that "created universe" business. And it's why Mickey Mouse (and
the like) is such an issue. By now, under the older provisions, the
character would be available for anyone who wanted to use it.
Congressman Sonny Bono (really?) promoted the extension of copyright
beyond the already liberal protection afforded by prior legislation.
Only Disney benefited from that. It served to cloud the waters further.

> Otherwise, Bob, I quite agree with everything you have said to Chris in this
> thread.

Most of what he asserts is so basic and so simply wrong that his
position is essentially indefensible. He's inventing conditions to
excuse himself for his infringement.

Pastorio
Chris Taylor Jr - 02 Mar 2004 20:42 GMT
how are these conditon invented ?

is the link direct ? no
does the site mandate login ? yes
does it mandate the giving of personal information ? yes

please explain to me how those facts are "invented"

Chris Taylor
http://www.nerys.com/

> Most of what he asserts is so basic and so simply wrong that his
> position is essentially indefensible. He's inventing conditions to
> excuse himself for his infringement.
>
> Pastorio
Bob (this one) - 03 Mar 2004 00:53 GMT
> how are these conditon invented ?
>
> is the link direct ? no
> does the site mandate login ? yes
> does it mandate the giving of personal information ? yes

Self-serving definitions that you make up to excuse yourself from your
illegal activity when you clearly don't know copyright law or what
fair use means. That kind of inventions.

Your harping on the "direct" link as though that has any meaning to
anyone but your fevered desire to weasel your way out of admitting you
screwed up. The login as though it were so burdensome that theft
suddenly becomes acceptable. The "personal" information that's
anything but personal but that you insist on characterizing dishonestly.

And NONE of that matters to copyright infringement. You republished an
entire work with no permission. Period.

> please explain to me how those facts are "invented"

They're only "facts" in your desperate flight from reality.

Got it now or are you still too slow to grasp it?

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 4 lines]
>>
>>Pastorio
Chris Taylor Jr - 03 Mar 2004 07:03 GMT
I defined none of it.

the only words I can legitimately define are words that I coin. since I have
not coined any new words I can not define any words.

the words were defined long before I existed.

no YOU are harping on the direct link. as far as I am concerned it moot. a
direct link is a direct link. what the nytimes has is not a direct link.
period.

Chris Taylor
http://www.nerys.com/

> Self-serving definitions that you make up to excuse yourself from your
> illegal activity when you clearly don't know copyright law or what
[quoted text clipped - 25 lines]
> >>
> >>Pastorio
carla - 03 Mar 2004 02:44 GMT
> how are these conditon invented ?
>
[quoted text clipped - 3 lines]
>
> please explain to me how those facts are "invented"

Chris, it's not the facts that you've invented; what is being questioned is
the notion that those particular facts have any bearing on the legal
outcome.

carla
Chris Taylor Jr - 03 Mar 2004 07:05 GMT
absolutely correct. I personally think they do. you think they don't

that is where we sit. only a court case I imagine will ever resolve it.
hopefully my side of the issue will prevail. it may or may not.

Chris Taylor
http://www.nerys.com/

> Chris, it's not the facts that you've invented; what is being questioned is
> the notion that those particular facts have any bearing on the legal
> outcome.
>
> carla
Chris Taylor Jr - 02 Mar 2004 20:38 GMT
I did not say copyright laws. I said the courts.

so who are you replying to. clearly not me.

laws are meaningless. if carla is a lawyer ask her. enforcement is
everything. that happens in the courts. the laws are mostly a guide that is
why so many of them are so vague (like fair use law)

Chris Taylor
http://www.nerys.com/

> > A song is not news. its not "information" in the traditional sense.
>
[quoted text clipped - 39 lines]
> >>exclusions. It means you can't have a song legally and you can't have
> >>an article legally.
carla - 03 Mar 2004 03:08 GMT
> I did not say copyright laws. I said the courts.
>
[quoted text clipped - 3 lines]
> everything. that happens in the courts. the laws are mostly a guide that is
> why so many of them are so vague (like fair use law)

Chris, I am not sure what you mean with your statement that "laws are
meaningless."  "Law" in the U.S. is a combination of statutory and common
law.  That means that there are laws passed by legislative bodies, and
courts in interpreting them and applying them generate opinions that are
also "law."  Thus, when one talks about something like "the fair use law,"
what one means is the statutory provision (17 U.S.C. 107) that provides the
basic framework *together with* the substantial body of opinions written by
judges interpreting and applying that basic framework to a myriad of factual
scenarios.  The reason why some law seems vague is because there have only
been a finite number of cases, and so it is always possible to have factual
scenarios that do not match squarely with the facts of any extant case.

You have argued that posting New York Times articles to USENET is one such
factual scenario.  I (and others) have argued counter, taking the position
that the facts you are citing to distinguish that scenario from existing
case law (such as the case I posted the other day) are not persuasive
distinctions.

You are ultimately right that there will be no definitive answer unless and
until a judge has an opportunity to rule on precisely your facts.  However,
judges decisions are based on the same considerations expressed here - the
statute and the case law.

carla
Pat Paris - 03 Mar 2004 03:13 GMT
>Chris, I am not sure what you mean with your statement that "laws are
>meaningless."

He means he steals things when he does not agree with the law and he
thinks he can get away with it.  I thought he had made that rather
clear.
Chris Taylor Jr - 03 Mar 2004 07:24 GMT
First of all I am stealing nothing.

its impossible to steal copyright. you INFRINGE copyright. they are both
illegal but DIFFERENT as well.

the music and movie industry are the ones trying to distort it and call it
theft.

and if I am right it would not be infringing. what say you on that twist.

Chris Taylor
http://www.nerys.com/

> >Chris, I am not sure what you mean with your statement that "laws are
> >meaningless."
> >
> He means he steals things when he does not agree with the law and he
> thinks he can get away with it.  I thought he had made that rather
> clear.
Chris Taylor Jr - 03 Mar 2004 07:18 GMT
as for laws what I mean is they have no value in and of themselves.

they are meaningless.

enforcement is all that matters. that is why the courts make the laws so to
speak.

the interpritation of the courts is usually far more important than the
wording of the laws themselves. in fact that is why so many laws are vague
to prevent locking it down to tightly (which can be good and bad for an
offender :-)

thats all I meant. no hidden meanings

Chris Taylor
http://www.nerys.com/

> Chris, I am not sure what you mean with your statement that "laws are
> meaningless."  "Law" in the U.S. is a combination of statutory and common
[quoted text clipped - 20 lines]
>
> carla
carla - 29 Feb 2004 15:26 GMT
> > MY interpritation of fair use (that I have yet to have anyone
successfully
> prove to me otherwise) is that taking 1 small article of a paper to DO
> exactly what fair use was INTENDED to allow is permitted under fair use.
>
> IF I am "proven" wrong so be it. till then I will accept my interpritation
> as the correct one.

Here's some case law for you:

Los Angeles Times v. Free Republic, 54 U.S.P.Q.2D 1453 (C.D. Cal. 2000)

(read the full opinion at http://www.tomwbell.com/NetLaw/Ch07/LATimes.html )

A bulletin board website allowed members to post full articles from
newspapers in order to generate awareness and discussion of various
subjects. Access to the site was unrestricted. The defendant was a
for-profit corporation, but was in the process of seeking nonprofit tax
status and did not charge for access to materials on its website.

Purpose: The articles were copied directly from the news sources and were
not "transformative." The judge was also not persuaded that a link to the
news source would not be sufficient. While the court generally favored the
claim of a "nonprofit" use, the court still found that posting the articles
was drawing readers away from the commercial websites where the articles
originated.

Nature: The articles are predominately factual, tipping the factor in favor
of fair use.

Amount: The website included the full text of the articles, and the court
found that the copying was more extensive than necessary to accomplish the
defendant's objectives.

Effect: The newspapers were seeking to exploit the market for the articles
and draw traffic to their websites; the defendant was "usurping" the
copyright owner's potential markets.

Conclusion: The bulletin board's use of the newspaper articles was deemed to
not be fair use.

Note also, Chris, that educational institutions have a bit more leeway for
fair use than regular individuals like you and me.  This case might have
come out a bit differently if the defendant was a bulletin board within a
university, say, for the use of students in a particular class.  But even
cases like that are close and divided.  Fair use is not at all a clean cut
doctrine; it's complicated, highly fact-driven, and evolving fast to keep up
with all the different ways that information can be disseminated.

carla
Chris Taylor Jr - 02 Mar 2004 06:44 GMT
Very good lets take a look at it.

below

> Here's some case law for you:
>
[quoted text clipped - 21 lines]
> found that the copying was more extensive than necessary to accomplish the
> defendant's objectives.

that was likely because they were easily accessable from the legitimate
sources (most news sites require NO registration)

this would definately tip SOME favor in my direction.

> Effect: The newspapers were seeking to exploit the market for the articles
> and draw traffic to their websites; the defendant was "usurping" the
> copyright owner's potential markets.

copyright is not allowed to prevent discussion and criticism that is the
point of fair use. so that the owner could not prevent people from "talking
about it" etc..

using copyright and then a registration where you have to give personal
information (papers please etc..) would definately lean FAR into my favor.

also this suit was brought agaisnt the BOARD owner not the poster of the
information.

what would happen in this case if I was the defendant IE an end user NOT
board owner (who is for profit even if going for non profit) and add to that
the mandatory registration at the site in question.

I believe that if this case where changed to include the above variables the
outcome would have been different (that is the kind of case law I am looking
for)

> Conclusion: The bulletin board's use of the newspaper articles was deemed to
> not be fair use.
[quoted text clipped - 6 lines]
> doctrine; it's complicated, highly fact-driven, and evolving fast to keep up
> with all the different ways that information can be disseminated.

that case law was agaisnt a board owner not the individual who posted the
article so that is still to be seen.

I know its not clean cut. its VERY much up to interpritation. I need to see
if I can find a judge and place this hypothetical scenario in front of him
or her.

to bring this low tech and keep things the same for analogy purposes I
propose this.

I get a copy of the nytimes from the newsstand.

tonight is a club meeting for low carbing I photocopy a few copies of the
article to pass around to club members so we can have a discussion (or hell
I could also SPEAK the article allowed and still be technically violating
copyright)

WOULD these be deemed fair use in a court of law.

its identical to what is happening here. WE are a "club" or group of like
minded people. I posted an article (passed around a copy) for us to discuss
and dwell over.

it was not easily accessable to everyone (at the club its do I buy 40 copies
of the paper etc..) here its mandatory registration of personal information.

that is the. I appreciate the research your putting into this carla its
appreciated we are heading in the right direction.

Chris Taylor
http://www.nerys.com/
Bob (this one) - 02 Mar 2004 09:18 GMT
> Very good lets take a look at it.
>
[quoted text clipped - 27 lines]
>>found that the copying was more extensive than necessary to accomplish the
>>defendant's objectives.

> that was likely because they were easily accessable from the legitimate
> sources (most news sites require NO registration)

Read what it says. "...copying was more extensive than necessary..."
The judge reaffirmed that copying a *complete* piece isn't acceptable
under fair use.

> this would definately tip SOME favor in my direction.

Sorry. No. Note the judge's comment about the link. Take out the
double negative and it says, "The judge was also persuaded that a link
to the news source would be sufficient."

>>Effect: The newspapers were seeking to exploit the market for the articles
>>and draw traffic to their websites; the defendant was "usurping" the
[quoted text clipped - 3 lines]
> point of fair use. so that the owner could not prevent people from "talking
> about it" etc..

Copyright can't prevent discussion. But it can impose penalty for
infringement on it by quoting *complete* articles. "Talking about it"
is materially different than republishing it. You didn't "talk about
it" you posted it in its entirety.

> using copyright and then a registration where you have to give personal
> information (papers please etc..) would definately lean FAR into my favor.

No. The judge didn't say it should only take one click. He said a
link. Note he didn't say "direct link" as you keep promoting here.

> also this suit was brought agaisnt the BOARD owner not the poster of the
> information.
[quoted text clipped - 6 lines]
> outcome would have been different (that is the kind of case law I am looking
> for)

You're not likely to find it. These points you raise aren't variables
in the determination of copyright infringement. The very simple matter
is that no source cited *by anyone* has said it's permissible to quote
an entire work and claim fair use.

>>Conclusion: The bulletin board's use of the newspaper articles was deemed
>>to not be fair use.
[quoted text clipped - 25 lines]
>
> WOULD these be deemed fair use in a court of law.

No. Copying and distributing is republishing by definition. So it is
in violation of the law. Reading it aloud is a foggier area because
copyright law is based on permanent media.

> its identical to what is happening here. WE are a "club" or group of like
> minded people. I posted an article (passed around a copy) for us to discuss
> and dwell over.

Yes. It's exactly what you did. It's illegal.

> it was not easily accessable to everyone (at the club its do I buy 40 copies
> of the paper etc..) here its mandatory registration of personal information.

Access is not unusually burdensome. It is a transaction that makes
demands on both parties. The potential reader has to register and the
web site has to give the information for no further charges.

If you were to buy 40 copies and give each person his own, no
violation has occurred.

> that is the. I appreciate the research your putting into this carla its
> appreciated we are heading in the right direction.

You seem not to have moved an inch from your original position wherein
you claimed everything you did was proper.

Pastorio
Chris Taylor Jr - 02 Mar 2004 20:40 GMT
right judge was persuaded.

would the judge have been equally persuaded if it was know that an account
requiring handing over personal information was mandatory to gain access to
the article.

would he then consider that a link would be sufficient. remember VERY few
news sites MANDATE a login to gain access and on top of that this one
requires the handing over of personal information.

Like I said the variables are not the same.

Chris Taylor
http://www.nerys.com/

> Read what it says. "...copying was more extensive than necessary..."
> The judge reaffirmed that copying a *complete* piece isn't acceptable
[quoted text clipped - 5 lines]
> double negative and it says, "The judge was also persuaded that a link
> to the news source would be sufficient."
Bob (this one) - 03 Mar 2004 01:15 GMT
> right judge was persuaded.

Yes. He was. To reaffirm the exclusion of any right to
indiscriminately quote complete works. Like you did.

> would the judge have been equally persuaded if it was know that an account
> requiring handing over personal information was mandatory to gain access to
> the article.

Very different than buying stuff with a credit card or with a check
because that will identify *you* alone. (Beside the fact that there's
no money exchanged.) And they never ask for *revealing* information.

With what the Times asks for, you can't be identified from the
information they want. Here's what they ask for:
Gender:
Year of Birth:
Zip Code:
Country of Residence:
Household Income Range:
Industry in which you work:
Job Title:
Job Function:

The reason they ask for that demographic information is so they can
better tailor the paper to their clientele. It's market research that
can't tell anyone anything about you *specifically*.

> would he then consider that a link would be sufficient. remember VERY few
> news sites MANDATE a login to gain access and on top of that this one
> requires the handing over of personal information.

Obviously, you didn't read the piece. Look stupid again. You keep
saying "personal information" as though you could be identified from
it. Obviously, you're tooting through your hat.

He didn't assert that the link was too long or that it took two or
three clicks instead of one. He said that its presence and
availability was enough to negate any right to quote. No one has the
absolute right to use the property of others without permission. There
are conditions attached. They range from "no quoting because there are
links for that" to "quote small parts of a work to spur critical
analysis." Nowhere and never does it say it's permissible to quote an
entire work.

I daresay the judge wouldn't find some relatively impersonal
information too onerous. It's the price to pay for access. They find
out in the most general terms who's reading their paper and you get
copyrighted information for free.

> Like I said the variables are not the same.

Right. You wish there were variables.

I'm still waiting for that admission of error you say you make when
it's the case.

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 8 lines]
>>double negative and it says, "The judge was also persuaded that a link
>>to the news source would be sufficient."
TdN - 03 Mar 2004 17:07 GMT
> The reason they ask for that demographic information is so they can
> better tailor the paper to their clientele. It's market research that
> can't tell anyone anything about you *specifically*.

You also don't have to give accurate information.  I always tell
online entities that make me register anonymously that I'm a
ninety-three-year-old man from Alaska; I figure that demographic
doesn't get enough attention anyway.

T.
Chris Taylor Jr - 03 Mar 2004 20:47 GMT
at which point you are technically breaking the rules. ie negating your
right to access that information. I am betting that is even in the tos.

Chris Taylor
http://www.nerys.com/

> You also don't have to give accurate information.  I always tell
> online entities that make me register anonymously that I'm a
> ninety-three-year-old man from Alaska; I figure that demographic
> doesn't get enough attention anyway.
>
> T.
The Queen of Cans and Jars - 03 Mar 2004 21:33 GMT
> at which point you are technically breaking the rules. ie negating your
> right to access that information. I am betting that is even in the tos.

you lose that bet.

6. REGISTRATION AND SECURITY

6.1 As part of the registration process, you will select a password and
a subscriber ID. You also have to give us certain registration
information, all of which must be accurate and updated. (a) You may not
(i) select or use a subscriber ID of another person with the intent to
impersonate that person; (ii) use a subscriber ID in which another
person has rights without such person's authorization; or (iii) use a
subscriber ID that NYTD, in its sole discretion, deems offensive.
Failure to comply with the foregoing shall constitute a breach of this
Agreement, which may result in immediate termination of your account.
(b) You shall be responsible for maintaining the confidentiality of your
password, which you will not have to reveal to any representative or
agent of NYTD.

6.2 (a) You shall notify help@nytimes.com of any known or suspected
unauthorized use(s) of your account, or any known or suspected breach of
security, including loss, theft, or unauthorized disclosure of your
password or credit card information.

6.3 You must be 13 years or older to subscribe to the Service; however,
persons of all ages may use it. Thus, you may share your password and
subscriber ID with others, subject to Section 6.4.

6.4 You are responsible for all usage or activity on your NYT WEB
account, including use of the account by any third party authorized by
you to use your subscriber ID and password. Any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of your
account, at NYTD's sole discretion, and NYTD may refer you to
appropriate law enforcement agencies.

http://www.nytimes.com/ref/membercenter/help/agree.html
Chris Taylor Jr - 04 Mar 2004 01:21 GMT
Looks to me like I ourtight won that bet ?? are you that blind ??

"You also have to give us certain registration
information, all of which must be accurate and updated"

Wow that was hard right in the very first section.

SO giving false information is a breech ff the TOS you agreed to.

Too bad we did not put up any money on this

Chris Taylor
http://www.nerys.com/

> > at which point you are technically breaking the rules. ie negating your
> > right to access that information. I am betting that is even in the tos.
[quoted text clipped - 15 lines]
> password, which you will not have to reveal to any representative or
> agent of NYTD.
The Queen of Cans and Jars - 04 Mar 2004 01:36 GMT
> Looks to me like I ourtight won that bet ?? are you that blind ??
>
[quoted text clipped - 6 lines]
>
> Too bad we did not put up any money on this

yeah, too bad.  

i was responding more to your whinge about having to provide personal
information.  nothing they ask for could possibly be used to identify
you personally, regardless of its accuracy.

since you obviously don't have a problem lying or stealing, why do you
even care whether they want accurate information from you or not?
Chris Taylor Jr - 04 Mar 2004 05:19 GMT
Once again you show your lack of education on the matter.

nothing is being stolen. thats #1

#2 an e-mail address IS personal and IS identifiable.

#3 when I registered they asked for personal info. even today they still do
(I do not know if its different I imagine its the same form)

lets see. all my demographics ? birth year. my zip code my household income
my job title the industry I work in in and what I do.

on top of my e-mail address. I call all that pretty personal information.

I don't have to give that info when I buy a paper off the stand near me.

if you do not consider that kind of info to be personal or invasive on any
level. well thats your problem. I DO and I am the only one that counts in
the matter because its MY opinion that I am giving NOT yours.

and you are also spinning things. your responce was OFF subject. someone
(you maybe ? not sure too lazy to look) said you would just LIE on the forms
and I pointed out that that would likely be in breech of the TOS you agree
to.

I was correct. End of discussion.

Chris Taylor
http://www.nerys.com/

> i was responding more to your whinge about having to provide personal
> information.  nothing they ask for could possibly be used to identify
> you personally, regardless of its accuracy.
>
> since you obviously don't have a problem lying or stealing, why do you
> even care whether they want accurate information from you or not?
MereMale - 04 Mar 2004 01:41 GMT
>6.3 You must be 13 years or older to subscribe to the Service; xxxx
maybe someone should send this off to nytimes as proof of
breaking the AUP on CT-Ninny's part ?

oh,, thats right...CT-N has already beeen "snitched on"
<G
Pat Paris - 04 Mar 2004 01:14 GMT
>at which point you are technically breaking the rules. ie negating your
>right to access that information. I am betting that is even in the tos.

But you don't care about little things like keeping your part of an
agreement, do you, Chris?  You don't have any problem signing an
agreement knowing you are going to break your word, do you, Chris?
Your word is worthless because you are a liar and a thief, isn't that
right, Chris?  Did you provide accurate information when you
registered at the NY Times so you could access and publish their
articles?
Dick Yuknavech - 28 Feb 2004 16:46 GMT
>Contacts the NYTimes to try to pull their chain and gets a reply.
>Thinks it's a game. Here's a list of life rules, You don't tug on
>Superman's Cape. You don't spit into the wind. You don't mess around
>with the old Lone Ranger... I know. Already too complex.

"If you wish to attract the attention of any large organism, be it
elephant or bureaucracy, it helps to know where it feels pain. But first
be very sure that you really want its full and undivided attention..."

Robert Heinlein (not sure which book)

--
6/2/2003  181/4/16X

Dick Yuknavech                   rey@mindspring.com
Chet Hayes - 02 Mar 2004 13:45 GMT
Bob is right Chris, you are way in over your head.  You think the
money you earned somehow has rights that superceed those of legitimate
owners of copyrighted material.

And I really like this one:

"When you create a work the laws should be created such that YOUR
rights come
first. When you SELL your work the laws should be such that MY rights
comes
first since its MY MONEY that is paying for it.

It used to be that this was how things worked (legally and in
practice)
sadly that is changing."

When was this ever established in law or practice?  What rights of an
author, say 50 years ago, were given up or diminished by selling a
copy of his book?  And if you examine your wording, "the laws should
be created...", it looks like you already know this never existed.

You think that because you earned money, that the money now gives you
some special rights to take someone elses work without their
permission?  Most of us earn money and want things, get over it.  No
one has to have a CD, no one is forcing you to buy anything if you
don't like the price or terms of sale.  As adults, we make these
decisions everyday.

Following your logic, we would all be stealing cable TV, sat TV,
copying books....How about stealing gas because I don't like the
price?  I suspect your tune would change quickly if someone took your
photo material and started using it for free.
Chris Taylor Jr - 02 Mar 2004 19:49 GMT
I did not say supercede. I said to prevent them from ABUSING that right.

fair use was implimented SPECIFICALLY to prevent the stifling of free speech
and discussion debate and criticism.

without fair use someone could use copyright to legally prevent anyone from
every discussion debating or criticising their works.

fair use was DESIGNED for this purpose. copyright is designed to allow
authors to protect their works which are legitimately their. Fair use is
designed to keep them from holding it over our heads unfairly.

go read everything on the creation of fair use and why it was created.

Chris Taylor
http://www.nerys.com/

> Bob is right Chris, you are way in over your head.  You think the
> money you earned somehow has rights that superceed those of legitimate
[quoted text clipped - 28 lines]
> price?  I suspect your tune would change quickly if someone took your
> photo material and started using it for free.
Dawn Taylor - 28 Feb 2004 21:22 GMT
>Sadly tiss the nature of newsgroups. sometimes I will drop out of a group
>just because the stress level gets to the point of me realizing WHY BOTHER.
>what is their to gain.

Just let us know what we need to drive you to that point here. It
would be so very lovely to see you go.

Dawn
Chris Taylor Jr - 29 Feb 2004 06:05 GMT
when it comes to what should be my rights. that point is represented
mathmatically by a 8 on its side.

Chris Taylor
http://www.nerys.com/

> Just let us know what we need to drive you to that point here. It
> would be so very lovely to see you go.
>
> Dawn
Bob (this one) - 29 Feb 2004 08:28 GMT
> when it comes to what should be my rights. that point is represented
> mathmatically by a 8 on its side.

Um, did you forget your meds today...?

Pastorio

> Chris Taylor
> http://www.nerys.com/
[quoted text clipped - 3 lines]
>>
>>Dawn
Dawn Taylor - 29 Feb 2004 19:05 GMT
>> when it comes to what should be my rights. that point is represented
>> mathmatically by a 8 on its side.
>
>Um, did you forget your meds today...?

"Today?"

Dawn
Chris Taylor Jr - 28 Feb 2004 04:46 GMT
well considering most of that site was created more than 5-10 years ago
(some components are even from my original Gopher pages before their WAS a
WWW in popularity.)

I have not had a chance to update my site in so long its not even funny. it
is in BAD need of a complete overhaul. I was thinking of just whacking the
whole thing and starting from scratch but I have so much info up that it
seems an awful waist.

one of these days I will have many many days in a row to work on it and
clean it up. I am self taught on the computer specifically typing. I type
VERY rapidly. myd ad hates watching me type makes him dizzy. but I am also
not very "neat" at it.

I have speed/coordination issues. I will type letters out of sequence when
my one hand gets ahead of the other or I do not fully depress a key all the
way. this laptop is only a little over a year old and half the keys no
longer have letters on them.

I also do a LOT of typing online. I tried enabling auto spell checking once
in my e-mail. I gave up I think I made the spell checker puke and crash :-)

its not that I can not spell (in fact I can spell quite well) its that I am
a sloppy typer and I am simply to lazy to slow down and fix it as that would
mean I could not interact with nearly the number of forums that I interact
on.

I am graduall improving. you should see some of my posts from a few years
ago (just google them) horrid.

one pet peeve I have is the there and their issue. I hate it. it is utterly
pointless to have 2 seperate words where the spelling is truly not relevant.
these words are defined by context not spelling that is why you can SPEAK
"there or their" and no one is confused. because the CONTEXT tells you which
is being used.

grammar. oohhhhhh always got bad writeup for my epic runons :-) hehehe and
punctuation again slows down the typing process (remember self taught touch
typist)

I am working on it. but time is not forgiving.

problem is that is the "crowning" target of trolling on ng's ignore the
issue at hand and bitch about the spelling and grammar. makes every forget
about the original POINT of the thread and forget how wrong you were so you
can delude yourself into having some kind of self imagined victory.

O'well not much I can do about that. not matter how perfect I may or may not
eventually learn to type the trolls will always finds something to bitch
about to take the dicussion away from their devestating loss in the
discussion.

I aksed myself once why I am rarely "publically wrong" on an issue. trust me
I am wrong plenty of the time. wrong more often than right in fact but why
not very often PUBLICALLY.

why ? because I take a bit of self taught advice when I am wrong.

I SHUT MY MOUTH. trolls would do well to learn this tactic.

If I think I am right I will FIGHT for that no matter what till you can show
me PROOF that something else is right. something I CAN verify on my own
independantly.

your "word" on it is not sufficient. sorry.

and if I can prove to myself that I am wrong I will whole heartidly admit as
such and then shut my mouth. (hint hint learn from this)

Chris Taylor
http://www.nerys.com/

> > http://www.nerys.com/
>
[quoted text clipped - 9 lines]
>
> Stan
Bob (this one) - 28 Feb 2004 05:19 GMT
> and if I can prove to myself that I am wrong I will whole heartidly admit as
> such and then shut my mouth. (hint hint learn from this)

Bwahahahahahahaha... <wipes tears of mirth from eyes>

Right. He admits when he's wrong... <LOL>

But I do like that little note to himself in the parentheses.

He admits, he says.

As if...

Pastorio
jamie - 28 Feb 2004 20:28 GMT
> first the posting was fair use. Second it complied with the NYtimes
> conditions above since you CAN NOT link to the article on nytimes.com "and"

Bullcrap.  I receive links to NYT articles on several mailing lists daily.

Signature

 jamie  (jamiemck@newsguy.com)

         "There's a seeker born every minute."

Chris Taylor Jr - 29 Feb 2004 06:04 GMT
Show me how I could get a DIRECT LINK (nytimes wording not mine) of THAT
article (the one I posted)

please show me. showing me TODAY will not suffice since many reported back
here that they could NOT get the page that the link resulted in a log in
page and NOT the article therfore making it NOT a direct link. PERIOD. FACT.

NOT UP FOR DISCUSSION.

get over it.

Chris Taylor
http://www.zodiacreview.com/

> > first the posting was fair use. Second it complied with the NYtimes
> > conditions above since you CAN NOT link to the article on nytimes.com "and"
>
> Bullcrap.  I receive links to NYT articles on several mailing lists daily.
Bob (this one) - 29 Feb 2004 08:27 GMT
> Show me how I could get a DIRECT LINK (nytimes wording not mine) of THAT
> article (the one I posted)

Slowly so you can grasp the simple idea.

You can get a direct link to that article (like I got) after registering.

> please show me. showing me TODAY will not suffice since many reported back
> here that they could NOT get the page that the link resulted in a log in
> page and NOT the article therfore making it NOT a direct link. PERIOD. FACT.
>
> NOT UP FOR DISCUSSION.

Not germane to your copying a copyrighted article in its entirety and
republishing it without permission. Even if you want to invoke fair
use, it only permits excerpts, not the whole. Forget your whiny
excuses. You're busted.

> get over it.

Try.

Pastorio

> Chris Taylor
> http://www.zodiacreview.com/
[quoted text clipped - 5 lines]
>
>>Bullcrap.  I receive links to NYT articles on several mailing lists daily.
jamie - 29 Feb 2004 10:22 GMT
> Show me how I could get a DIRECT LINK (nytimes wording not mine) of THAT
> article (the one I posted)
>
> please show me. showing me TODAY will not suffice since many reported back
> here that they could NOT get the page that the link resulted in a log in
> page and NOT the article therfore making it NOT a direct link. PERIOD. FACT.

I do this daily, and logging in brings up the sent link.  Just because
it takes more than a single click doesn't invalidate it.

Signature

 jamie  (jamiemck@newsguy.com)

         "There's a seeker born every minute."

Chris Taylor Jr - 02 Mar 2004 06:33 GMT
nytimes says its ok if their is no direct link.

their is none. that extra single click makes it indirect. period. end of
discussion

Chris Taylor
http://www.nerys.com/

> I do this daily, and logging in brings up the sent link.  Just because
> it takes more than a single click doesn't invalidate it.
[quoted text clipped - 3 lines]
>
>   "There's a seeker born every minute."
 
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