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Title: Copyright Complaint by Inquisitr.com
Source: Inquisitr.com
URL Source: [None]
Published: May 13, 2016
Author: Bryant Gergeres / Pinguinite
Post Date: 2016-05-13 00:59:42 by Pinguinite
Keywords: None
Views: 347

I see Stone already posted the complaint, but here's my take on it.

Hey everyone,

I got this note today from Linode, the service that provides the server on which LF is hosted. Apparently someone claiming to be from Inquisitr.com is complaining about articles posted on LF that list inquisitr.com as the source site. The complaint is that this is a copyright violation.

Personally, I firmly believe that reproduction of articles on LF from Inquisitr.com is legally permitted under Fair Use for the following reasons:

1) That LF is not a for-profit site conducting any advertising;

2) The information being reposted is of public interest;

3) The postings include links to the inquisitr.com site giving full credit to them, and arguably benefits inquisitr.com by providing advertising to them.

I also find it ironic that the inquisitr.com logo itself contains the slogan: "News Worth Sharing", which is obviously in stark contrast to this complaint.

Nevertheless, in spite of the ridiculousness of the complaint and the fact that a very strong Fair Use defense can be made in favor the use of inquisitr.com articles, site owner A K A Stone has expressed the opinion that it's not worth the time or trouble to risk any issues, which is certainly not an unreasonable position. After all LF is not a for-profit site.

To that end, all the articles mentioned in the complaint have been deleted from LF, and henceforth, please do not repost any articles from inquisitr.com. Instead, please spend time looking at other web sites with worthy content that is truely worth sharing.

I will also add that according to the complaint, the author has sworn under penalties of perjury that all his claims are correct. This would apparently include the claims that

All of the search returns at the following search link infringe upon our copyrights: http://libertysflame.com/cgi-bin/latestarticles.cgi

and

Your client's Web site is automated to steal our content.

are completely untrue, and I as the author of the software running the site (though not the LF site owner) ought to know. If the author of the complaint purports under penalty of perjury to know more about how the site operates than I do, then he may wish to review what the definition of "perjury" really means.

----

To Whom It May Concern,

My name is Bryant Gergeres and I am the authorized agent of Inquisitr Ltd. A website your company hosts (according to WHOIS information) is infringing on at least one copyright owned by my company.

Numerous articles were copied onto your servers without permission. All of the search returns at the following search link infringe upon our copyrights: http://libertysflame.com/cgi-bin/latestarticles.cgi

As you can see, there are several pages of results. Your client's Web site is automated to steal our content. With such a pervasive violation of my company's copyrights, I ask that, in addition to disabling the links copied below in this DMCA takedown request, you consider further action against your client's account.

A sample of the original articles found on page one of the above-copied search link, to which we own the exclusive copyrights, can be found at:
1. http://www.inquisitr.com/2216087/putin-america-is-godless-morally-bankrupt-on-the-path-of-degradation/
2. http://www.inquisitr.com/2510140/drinking-coffee-while-driving-police-pull-over-woman-for-driving-and-drinking-coffee-says-its-illegal-video/
3. http://www.inquisitr.com/1692212/atheists-rewrite-ten-commandments-mythbusters-adam-savage-judged-new-commands/
4. http://www.inquisitr.com/374041/trumps-obama-announcement-a-big-publicity-stunt-mogul-offers-5m-for-college-transcripts-and-obamas-passport-application/
5. http://www.inquisitr.com/2494892/giant-floating-city-spotted-in-the-sky-over-city-of-foshan-in-guangdong-china-video/
6. http://www.inquisitr.com/225978/egypt-to-pass-law-allowing-husbands-sex-wih-dead-wives-for-6-hours-after-death/
7. http://www.inquisitr.com/366921/evangelical-dinesh-dsouza-man-behind-obamas-america-caught-out-in-hotel-with-alleged-mistress/
8. http://www.inquisitr.com/2080866/jefferson-davis-statue-defaced-at-university-of-texas/
9. http://www.inquisitr.com/2453102/curtain-falls-on-carly-fiorinas-parade-what-caused-mishap-at-campaign-speech/
10. http://www.inquisitr.com/1782509/sarah-palin-republicans-have-deflated-balls-just-like-the-nfl-patriots/

The unauthorized and infringing copies can be found at:
1.http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=40556
2. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=42560
3. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=36847
4. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=32880
5. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=42446
6. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=29699
7. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=32774
8. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=39696
9. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=42138
10. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=37308

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly via email reply at [Email redacted as anti-spam courtesy by Pinguinite].

Best regards
Bryant Gergeres
Authorized Agent
Inquisitr Ltd

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