| Johnathan Fii ( @ 2007-08-12 19:48:00 |
Greetings, All
New to the community, and I have a good one for you all.
A number of members of the LJ Community Deleterius, including myself, have been served DMCA notifications, by a Fanfiction.net author by the handle "Meyshi", for "sporking" (AKA Parodying) a few of her pieces.
SixApart has been rather loathe to respond to our attempts to file counter-claims, and seem to not want anything to do with us, other than repeatedly advising us to retain lawyers.
The writer in question, Meyshi, is of her own admission under the age of 18, and seems to be a US Citizen. No word from SixApart on whether or not the young lady herself filed the claims, or if an advocate or parent/legal guardian submitted the claims for her. They won't respond to that, either.
Now, if I understand this correctly, Meyshi has no right to file a DMCA claim for works parodied, which I do believe are protected under the Fair Use Doctrine. In every case, her original piece was credited, even linked to. Her overall demeanor against us has been extremely negative, if not outright threatening - the original letter she sent to the first user who "sporked" one of her pieces threatened outright physical violence - which has fallen on entirely deaf ears with SixApart./Livejournal.
Moreover, to file a DMCA claim, if memory serves, Miss Meyshi would have to have some sort of legal basis to file this, yes? As in, actual ownership of Harry Potter?
Advice on this would be much appreciated - I'm not letting this go down without a fight.
EDIT: I'm posing this to the community, as all six of us who received these letters have been ordered to take down the offending pieces by SixApart, who is essentially ruling that Meyshi has the same rights to tell us what to do with her fanfiction pieces, as JK Rowling herself would with Harry Potter.
EDIT: To clarify, my bad. 6A has been, thusfar, unwilling to respond as to whether or not the complaint was filed by a lawyer, or by Meyshi herself. From the way it looks, however, and our encounters with her and a statement she made on one of her latest chapters, it looks like she's the one filing the claims. See HERE and please do ignore the oh-so-conveniantly timed pity plea and addition of a chapter of fanfiction after the entry was reported by numerous people for being an author's note entirely... She sure is broken up over that cousin...
EDIT EDIT: What follows is what I was sent by LJ.
New to the community, and I have a good one for you all.
A number of members of the LJ Community Deleterius, including myself, have been served DMCA notifications, by a Fanfiction.net author by the handle "Meyshi", for "sporking" (AKA Parodying) a few of her pieces.
SixApart has been rather loathe to respond to our attempts to file counter-claims, and seem to not want anything to do with us, other than repeatedly advising us to retain lawyers.
The writer in question, Meyshi, is of her own admission under the age of 18, and seems to be a US Citizen. No word from SixApart on whether or not the young lady herself filed the claims, or if an advocate or parent/legal guardian submitted the claims for her. They won't respond to that, either.
Now, if I understand this correctly, Meyshi has no right to file a DMCA claim for works parodied, which I do believe are protected under the Fair Use Doctrine. In every case, her original piece was credited, even linked to. Her overall demeanor against us has been extremely negative, if not outright threatening - the original letter she sent to the first user who "sporked" one of her pieces threatened outright physical violence - which has fallen on entirely deaf ears with SixApart./Livejournal.
Moreover, to file a DMCA claim, if memory serves, Miss Meyshi would have to have some sort of legal basis to file this, yes? As in, actual ownership of Harry Potter?
Advice on this would be much appreciated - I'm not letting this go down without a fight.
EDIT: I'm posing this to the community, as all six of us who received these letters have been ordered to take down the offending pieces by SixApart, who is essentially ruling that Meyshi has the same rights to tell us what to do with her fanfiction pieces, as JK Rowling herself would with Harry Potter.
EDIT: To clarify, my bad. 6A has been, thusfar, unwilling to respond as to whether or not the complaint was filed by a lawyer, or by Meyshi herself. From the way it looks, however, and our encounters with her and a statement she made on one of her latest chapters, it looks like she's the one filing the claims. See HERE and please do ignore the oh-so-conveniantly timed pity plea and addition of a chapter of fanfiction after the entry was reported by numerous people for being an author's note entirely... She sure is broken up over that cousin...
EDIT EDIT: What follows is what I was sent by LJ.
Dear LiveJournal user mcpo_john117,
We have received a report, properly formatted under the provisions set
forth by United States law, indicating that your entry located at
http://mcpo-john117.livejournal.com/187033.html violates the copyright
of another person. As such, we must request that you remove that entry
as soon as possible, but no later than 0:01 AM EDT, Aug. 15, 2007, to
avoid further action against your account.
If you feel that this report is in error and that your use of the
material is allowed under copyright law, you are entitled to file a
counter-notification, also under the provisions of US law; please contact us
for information on how to do this. Filing a counter-notification
indicates that you are willing to defend yourself in a court of law against a
claim of copyright infringement.
Regards,
Douglas
LiveJournal Abuse Prevention Team
EDIT The Final:
LJ Accepted my second counter-notification thingy... but still refuses to tell me whether
or not the original notice was filed by an individual as a TOS violation, or by a
lawyer. They claim not to understand the fairly straight-forward question of:
"And this time, I request, as is my legal right - is this claim being
filed by a lawyer, or is this claim simply a complaint to LJ's TOS?"
As I am legally required to take the post down for 14 days, to give Meyshi a chance
to file suit against me, the post is currently not viewable. I do, however,
have it archived, and will be putting it back up when this is sorted out.