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Adam Montana

New DV TOS - Please do not post original DV chats on other sites

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Adam Chat 3-20-2010

[Adam Montana] ok I'm going to try to take some questions after I say all this

[Adam Montana] I'm also going to try to keep it short

[Adam Montana] ok I don't have a TON to talk about tonight

[Adam Montana] I do want to make one thing clear

[Adam Montana] I'm seeing a lot of my stuff on other sites

[Adam Montana] and a lot of the stuff that comes out of this chat room on other sites

[Adam Montana] plain and simple, that's copyright infringement

[Adam Montana] and I'll tell you why

[Adam Montana] just yesterday I got an email from a lady wondering why she couldn't access my chat

[Adam Montana] when she paid for membership

[Adam Montana] turns out she didn't pay for it here

[Adam Montana] she paid somewhere else

[Adam Montana] because someone else is stealing

[Adam Montana] also I see people commenting on other sties

[Adam Montana] and I can't answer there

[Adam Montana] I don't have time

[Adam Montana] so to all you plagiarists out there

[Adam Montana] there is no such thing as "free information" or "free chats" on the internet

[Adam Montana] you may link to this site

[Adam Montana] but copying the text from it is not allowed

[Adam Montana] DMCA, look it up

[Adam Montana] ok, sorry about that

[Adam Montana] just really annoyed with people stealing stuff

[Adam Montana] *deep breath*....

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EXMO affiliate program

Some sites have even gone as far as to:

1. Have complete sections dedicated to this site.

2. CHARGE people to read the stuff that is free here.

3 people asked me yesterday why they paid to access my content on another site and then found out it wasn't even on there.

I've had enough.

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How is that a 'copyright" infringement? By law there is no "copyright" on chats.... of, coarse, a violation by posting the chats on other sites would be a violation of TOS and enough to have someone banned from DV, it is not a violation of federal law. I`m going to toss a B.S. flag on "copyright" infringement... unless these motto`s or slogans are registered with the federal government, it is not "copyrighted"..... JFYI.

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here is the burden of proof in a copyright case=

Infringement suit in U.S. law

U.S. law requires a copyright holder to establish ownership of a valid copyright and the copying of constituent elements of the work that are original. Assuming the plaintiff proves ownership of a valid copyright, the holder must then establish both actual copying and improper appropriation of the work. The burden lies with the plaintiff to establish these three elements in what is known as the prima facie case for infringement.

What Adam is talking about is FRAUD, and the victims need to contact the local authorities to re-coup thier money.....if possible.

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Look, I'm pretty sure I have a valid reason for asking this. I don't want people paying for access to MY thoughts and information on other sites, because they can be misled and it effects my reputation when I don't answer people's questison. How can I know there is even a question if people are talking to "me" when they respond to posts on OTHER sites?

I'm not asking a lot here, I'm only asking for respect.

Here's some education:

If it is created by you, you own it. If you take a picture, i.e. your finger pushes the button - YOU OWN THE COPYRIGHT. If you make a speech, that speech is copyright YOU, if you choose to enforce it.

Are you on facebook? A while back, facebook made a legal change to their TOS that stated that any photos you upload become property of Facebook - it works the same way here. If it comes from here originally, it is owned by this forum, and I am protecting YOU and me by asking for this.

Now, you're right about one thing - the most that can happen to YOU is a ban on DV. However, if the other site owner doesn't comply when I ask that they remove it, they can be held liable for up to $150,000 per occurrence.

Go do some research on DMCA before you throw the next flag.

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hmmm.......copyright infringement......Will that apply to DV also? There are certainly a lot of chats posted here that came from other sites. I guess you will have to delete all those posts from Frank, Medic, Neno, enorrste, etc.....

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here is the burden of proof in a copyright case=

Infringement suit in U.S. law

U.S. law requires a copyright holder to establish ownership of a valid copyright and the copying of constituent elements of the work that are original. Assuming the plaintiff proves ownership of a valid copyright, the holder must then establish both actual copying and improper appropriation of the work. The burden lies with the plaintiff to establish these three elements in what is known as the prima facie case for infringement.

What Adam is talking about is FRAUD, and the victims need to contact the local authorities to re-coup thier money.....if possible.

Congratulations, you know how to Google and you found a Wikipedia article that kind of backs up your theory.

Unfortunately, I know first hand that you are wrong - I lost a lawsuit on these very same terms. That's not theory, friend - that's FACT.

Here's another wikipedia for you:

http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

Please keep your future posts respectful, I'm about done "discussing" this.

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I did, and i earn my living by knowing the law... this is a clear case of FRAUD by those that charge funds to get what you can have for free.. in Florida it is called scheme to defraud... its a Felony.

Ive been RESPECTFUL, im just pointing out a matter of law that applies to this case, and the fact that Federal law requires that Copyright material be registered with the feds, and this isnt the case. What you are speaking of is a FELONY of State law.. called Fraud. The victims should contact the local authorities. im on your side, take it easy Ghostrider....

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hmmm.......copyright infringement......Will that apply to DV also? There are certainly a lot of chats posted here that came from other sites. I guess you will have to delete all those posts from Frank, Medic, Neno, enorrste, etc.....

If they want it deleted, they will ask - and I will comply.

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I did, and i earn my living by knowing the law... this is a clear case of FRAUD by those that charge funds to get what you can have for free.. in Florida it is called scheme to defraud... its a Felony.

Then you're obviously in agreement with me. I am doing what I am doing to prevent people from being defrauded by other sites.

Thanks, case closed.

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I don't think anyone pretends that E, Frank, or any other site owner posts here.

Also, we have a general chat log forum - my posts get mashed in with the rest of them, and nobody has complained.

There is a BIG difference here - people are COMPLAINING to ME that they paid to get my chats in another site, and those chats aren't even there!

You know, it honestly sounds like some people care more about people not being able to steal from this site than they care about those poor people who are being defrauded by the sites posting the stolen content!

What is wrong with this picture?

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Adam I agree your chat's/post's are yours. And I totally agree that no one should be able to charge for your information. I think I would probably be thinking about a lawsuit as well.

But as I asked earlier, if someone posted your information and gave you credit for your own words on a free site, like what is done on this site, would you consider that to be more fair and agreeable for you?

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here's an easy example, and many sites operate this way.

If a post on Dinarvets reads this way:

XXX by XXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

Then anyone who wants to SHARE this news or post should link in this fashion:

XXX by XXX

XXXXXXX

Click this link to read the FULL post on dinarvets

That's not a lot to ask, and it makes everyone happy.

This is common net etiquette and also common knowledge in the publishing world. A lot of the sites that pop up brand new every day have no idea about the laws or how to respect another site - most of these sites are simply popping up because the owner wants to make a name for themselves.

Look, giving credit where credit is due is nothing new. Seriously! It's nothing new - you don't see a CNN report posted on FOX (WORD FOR WORD). You see DIFFERENT WORDS about the same story.

Agreed?

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I'm closing this thread and stickying it, I believe I've made my point and this is not a lot to ask.

It was never meant to be a "debate", more a notice to other site owners.

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I would just be happy to be able to log onto the chat room and quit getting the message : error connecting to server please try again in a few minutes. Well that few minutes has turned into about 3 weeks now. I'm always told it is something wrong with my computer, server, java, delete cookies, etc. I've done everything as I have been instructed and still can't log on.

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