UPDATED 7:58 am cdt friday 18 march 2011
UPDATE: 8:50 am cdt friday 18 march 2011
UPDATE: 9:06 am cdt friday 18 march 2011
UPDATE: 9:31 am cdt friday 18 march 2011
UPDATE 11:11 am cdt friday 18 march 2011
UPDATE 8:47 am cdt wednesday 23 march 2011ars technica: "copyright troll righthaven achieves spectacular 'fair use' loss"
KELLY BOGGS AND LOUISIANA BAPTIST MESSAGE DEMANDS WST... TAKE DOWN ARTICLE SCANS
now here is an interesting and apparently ongoing email exchange we have been having with kelly boggs, editor of the [louisiana] baptist message:
from Kelly Boggs Kelly@baptistmessage.com
to wesawthat@gmail.com
date Thu, Mar 17, 2011 at 9:47 PM
subject Baptist Message article
I was alerted to the fact that you had posted a scan of a recent Baptist Message article on your website. I visited your site and found the information was accurate. Since you have posted the article without permission from the Baptist Message you are in violation of copyright law. Please remove the scan immediately.
Thank you for you cooperation.
Respectfully,
Kelly Boggs, Editor
Baptist Message
====
From: wesawthat@gmail.com
To: "Kelly Boggs" Kelly@baptistmessage.com
Subject: Re: Baptist Message article
Date: Thu, 17 Mar 2011 21:21:57 -0500
thank you for your email. the scans in question are posted under including but not limited to 17 usc section 107 of the copyright law limitations on exclusive rights: fair use. the scans in question are offered "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
thanks again for your email.
====
from Kelly Boggs Kelly@baptistmessage.com
to wesawthat@gmail.com
date Thu, Mar 17, 2011 at 9:41 PM
subject Re: Baptist Message article
Sorry, your interpretation is incorrect. I've dealt with this very issue before.
I really don't want to get our lawyer involved in this issue, but if the scan is not removed, you will leave me no recourse.
Please remove the unauthorized, copyrighted scans of the Baptist Message article from your website.
Respectfully,
Kelly Boggs, Editor
Baptist Message
Sent from Kelly's iPhone
====
from Kelly Boggs Kelly@baptistmessage.com
to wesawthat@gmail.com
date Thu, Mar 17, 2011 at 9:44 PM
subject Re: Baptist Message article
By the way, using "portions" or "excerpts" falls under fair use, not entire works - for any reason or in any setting.
kb
Sent from Kelly's iPhone
====
from wesawthat@gmail.com
reply-to wesawthat@gmail.com
to Kelly Boggs Kelly@baptistmessage.com
date Thu, Mar 17, 2011 at 10:58 PM
subject Re: Baptist Message article
hi there. that might be true under los angeles times vs free republic however in that case free republic was reproducing thousands of the times news articles.
even if you file suit you will have to use those scans in the suit and/or i can use the scans as an exhibit as well and guess what - court filings are protected under fair use:see shell vs devries and also religious technology center vs wollersheim and jaartech vs clancy for a few examples.
====
from Kelly Boggs Kelly@baptistmessage.com
to wesawthat@gmail.com
date Fri, Mar 18, 2011 at 5:33 AM
subject Re: Baptist Message article
I never said anything about filing suit against you. I'm quite sure Google has a much better understanding of copyright law than you do.
I have been more than patient. I'll ask one more time. Please remove the copyrighted images of the Baptist Message from your blog.
Kelly Boggs, Editor
Baptist Message
Sent from Kelly's iPhone
====
from wesawthat@gmail.com
to Kelly Boggs Kelly@baptistmessage.com
date Fri, Mar 18, 2011 at 7:30 AM
subject Re: Baptist Message article
hi agaiin. please explain with specificity where in the copyright law those scans are in violation of;
also ive looked all through the baptist message publication -- page 2 down at the bottom for example and nowhere do i see a statement saying that anything in the baptist message is copyrighted. i dont see a copyright notice on any other page either nor do i see a copyright symbol anywhere within the baptist message whatsoever. i have bad eyesight so its entirely possible that ive missed it please direct me to that copyright statement etc;
if you contact google and have those scans or my blog or account harmed in any way without cause then you are opening yourself up to being sued by me.
thanks again for your email
====
from Kelly Boggs Kelly@baptistmessage.com
to wesawthat@gmail.com
date Fri, Mar 18, 2011 at 9:36 AM
subject RE: Baptist Message article
Your response reveals that you have no understanding of the finer points of copyright law.
If Google takes any action, you will need to take that up with Google. Google owns the site and will determine whether or not terms of their contract have been violated. All anyone can do is alert Google to possible violations. Google’s legal team will be the final arbiter.
Kelly Boggs, Editor
Baptist Message
Alexandria, Louisiana
(318) 442-7728
====
from wesawthat@gmail.com
to Kelly Boggs Kelly@baptistmessage.com
date Fri, Mar 18, 2011 at 9:06 AM
subject Re: Baptist Message article
hi again. so it seems that you're saying that you really dont believe that there is a copyright violation -- you just dont like that the scans were posted online so you're going to complain to google about it and let them figure it all out?
====
from Kelly Boggs Kelly@baptistmessage.com
to wesawthat@gmail.com
date Fri, Mar 18, 2011 at 10:30 AM
subject RE: Baptist Message article
I have deadlines looming, so this is my last response.
I believe there is a clear-cut violation of copyright law. If I owned the site on which you operate, I would ask you to remove the scans. If you did not, I would terminate the blog. However, I do not own the site, Google does. As such, anyone can alert Google any time concerning an alleged copyright violation. It is then up to Google to act. Google’s action or inaction, then becomes a new set of circumstances.
Kelly Boggs, Editor
Baptist Message
Alexandria, Louisiana
(318) 442-7728
====
an anonymous and kind person has sent us the scan all on one page -- click here to view/download from scribd
click here to view from scribd or click here to download sixty-seven page .pdf [8.57 mb]
the gannett/the town talk 20 february 2011 louisiana college story click here to view from the town talk website or click here to download four page .pdf [560 kb]
