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What You Don’t Know about Internet Law May Hurt You

www.ase07.com Continuing series regarding Federal and state compliance with advertising regulations in affiliate marketing.
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Copyright Infringement and the Internet

Copyright Infringement and the Internet

Copyright Infringement and the Internet


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Home Page > Law > Copyright Infringement and the Internet

Copyright Infringement and the Internet

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Posted: Nov 11, 2010 |Comments: 0
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A Recipe for Disaster: Why a magazine is in hot water over a half-baked response to alleged copyright infringement – By Aaron Kelly the Arizona Internet Lawyer

It was the e-mail heard ’round the world. When the editor of Cooks Source Magazine responded to a concerned author’s e-mail about alleged copyright infringement with the suggestion that everything on the Internet was the “public domain,” it made headlines throughout the world and became an instant meme. Monica Gaudio, who in an interview with us describes herself as “an amateur medieval enthusiast, nerd, and foodie,” had originally published an article on the website Godecookery.com, entitled, “A Tale of Two Tarts,” about the history of apple pie. That was in 2005. However, last month, one of Gaudio’s friends contacted her to ask how Gaudio had gotten published in Cooks Source Magazine, a monthly New England food publication. Gaudio was equally intrigued, since she not only had never gave permission for the article to be published but had never even heard of the magazine before.

It was when the perplexed author contacted the managing editor of the magazine, Judith Griggs that she found out what had happened: The magazine had simply decided to use Gaudio’s article without asking permission after it found it online. Shortly after contacting Griggs, Gaudio received a phone call from the editor was told to use a Gmail account to talk to her. Apparently, someone forgot that e-mails are a form of writing that can be used in Court.

After a few e-mails back and forth, Gaudio was asked what she wanted from the magazine, to which she replied she simply wanted a public apology on Facebook (Cooks Source has a Facebook page), an apology in the magazine itself, and a donation of 0 for the Columbia School of Journalism. Although she requested a donation to the Columbia School of Journalism, she said, “I am not a journalism student-I picked the CSJ because they were the first reputable journalism school that came up when I did a Google search for “Journalism School Donation.” I wanted to find a school that allowed for online donations, to make things easier. ” What would happen next would set off a worldwide reaction and furor against Cooks Source Magazine and its editorial body.

In response to Gaudio’s simple requests, the editor of Cooks replied with the now infamous e-mail “honestly Monica, the web is considered “public domain” and you should be happy we just didn’t “lift” your whole article and put someone else’s name on it!”. Griggs went on to criticize Gaudio’s work, despite the fact that she ultimately thought it good enough to publish in her widely distributed magazine, by telling Gaudio that, “you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally.”

The final blow to any perception the public may have had of the magazine’s ethical standards came when Griggs told Gaudio that Gaudio had taken the time to edit the article, and therefore “you should compensate me!”. That’s right, not only had the magazine “lifted” the article but they now suggested that Gaudio should pay them. This behavior is right on par with someone stealing your car, driving it around town and adding a few new parts and a paint job, and then coming back to you and saying “hey, I know I took your car without your permission but I added some sweet flames and rims to it….you should pay me for it”. This laughable proposition has opened the Magazine and its editors up to a slew of negative comments and mockery, creating internet memes (“But Honestly Monica…”) and forums dedicated to lashing out against the idea that the internet is a “public domain”. Copyright laws are no joke, and must be taken seriously or else the ramifications can be serious. In fact, when we asked whether Gaudio is planning on pursuing civil litigation Gaudio responded, “I hate to be cagey but – we’ll see.”. It should be noted, however, that Gaudio’s LiveJournal states that, “I have found a very nice attorney who is working with me.”

No matter what happens to Gaudio or Cook’s magazine, one thing is for certain the Internet is not a “public domain”. Despite what has happened Gaudio is still in good spirits and hopefully what has happened will serve as a lesson on copyrights. “Perhaps this will become a warning for others,” said Gaudio. “Don’t do it. You may get caught and the Internet will be mad at you.”

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Kevin Church
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Aaron Kelly is an business law attorney and a <a rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.aaronkellylaw.com”>internet law arizona</a> attorney

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Copyright Infringement and the Internet

A Recipe for Disaster: Why a magazine is in hot water over a half-baked response to alleged copyright infringement – By Aaron Kelly the Arizona Internet Lawyer It was the e-mail heard ’round the world. When the editor of Cooks Source Magazine responded to a concerned author’s e-mail about alleged copyright infringement with the suggestion that everything on the Internet was the “public domain,” it made headlines throughout the world and bec…

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Kevin Churchl
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Aaron Kelly is an business law attorney and a <a rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.aaronkellylaw.com”>internet law arizona</a> attorney

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Related Copyright Lawyer Articles

Be the first to comment - What do you think?  Posted by - January 22, 2011 at 10:16 pm

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Raleigh Lawyer Damon Chetson Warns: Protect Yourself Against Internet Criminal Charges

Raleigh, NC (PRWEB) July 8, 2010

There are many different types of Internet crimes, including child pornography, wire fraud, copyright crimes, trademark crimes, bank fraud, and other kinds of theft or embezzlement. People accused of using a computer or the internet to commit a crime, are most in need of a Raleigh criminal lawyer, like The Chetson Firm, who is very familiar with the technologies associated with the internet and cyberspace, including TCP/IP, peer-to-peer technologies, and the details of storage formats.

Defendants accused of a crime in Raleigh involving the internet, or computer technologies, including the ones listed above – child pornography, wire fraud, copyright crimes, and other kinds of bank fraud or embezzlement – should consult with a Raleigh lawyer who understands and has worked with these technologies, and who can build the strongest possible defense to these cases.

Unfortunately, many criminal defense lawyers simply do not understand the details of technology, including how data is transmitted, how it is stored, how it is archived, and where it might be.

What’s more, many criminal lawyers do not understand how the details of how data is stored, archived, searched, and maintained on the Internet. They don’t understand how to advise clients who come to them with cases that involve the use of computers.

And since so many cases these days deal with computers – whether they are financial crimes cases, cases involving the information that may be on Facebook or Twitter, or cases that may involve chat networks such protocols as IRC, ICQ, Jabber, or cases that involve the storage of files in the cloud or on harddrives – it’s crucially important for people being investigated or accused of a crime that involves the use of computer technology that they find Raleigh criminal lawyers who are familiar with all of these details, from TCP/IP protocols to cloud-based computing, Pretty Good Privacy (PGP) encryption software, to copyright infringement issues involving ripping and sharing through Peer-to-Peer networks and through BitTorrent.

It’s also important to keep in mind that even a file that’s been erased or wiped from a harddrive has not been permanently deleted.

That’s because, depending on the type of software used, either all or fragments of the incriminating material can be left on the harddrive. Some disk-drive wiping software merely changes the “Boot Sector” of the harddrive which is like a table of contents for the harddrive. It does not delete the entire drive, so the table of contents may be erased, but not the actually incriminating materials.

If you have material that you would not like to be found again, you can take apart the harddrive with a screwdriver, and smash the plates inside. Or take a drill, and drill through the harddrive in multiple places.

Do not donate the harddrive. Do not give the harddrive to Best Buy for them to wipe clean. Do not give the harddrive to friends for their use. Do not leave the harddrive in a closet. Do not throw the harddrive in the trash without thoroughly and physically smashing the harddrive.

Or, as Sigourney Weaver said in the movie Aliens, “Nuke it from orbit. It’s the only way to be sure.”

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Be the first to comment - What do you think?  Posted by - January 4, 2011 at 7:12 am

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LegaliMarketing: Pioneers in Internet Marketing for Legal Professionals

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