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karlthepagan.livejournal.com posting in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png){kind=small}
fifthtrinityHail Eris!
The lart began when I saw several friends complain about![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
wiccans_unite. The maintainer of the new comm had copied the user info, icons, and interests straight out of ![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-community.gif)
wiccan, where the wiccans_unite maintainer had a falling out over various new Wiccan topics which are familiar to several of us.
Thuswiccans_untie was born. Days later blackthornglade was libeled, and indicated to be the creator (since they had joined, while I had not). I quickly corrected the mistake, but found an abuse complaint of copyright infringement against me. Fortunately the claim was fraudulent, as the content in wiccans_untie's info originally appeared in wiccan and silvertree has (if I interpret "Np." correctly) granted her permission for the use of that text in wiccans_untie (she was in fact notified as soon as I created the lart.)
Unfortunately the Digital Millennium Copyright Act requires that I submit to a legally stringent commitment. The abuse team has advised me to seek legal representation, so here I am!
FYI I am in the 9th Federal Legislative District(?) Eastern Washington U.S. Court District (easy, 30 minute drive for me).
The lart began when I saw several friends complain about
wiccans_unite. The maintainer of the new comm had copied the user info, icons, and interests straight out of wiccan, where the wiccans_unite maintainer had a falling out over various new Wiccan topics which are familiar to several of us.Thus
wiccans_untie was born. Days later blackthornglade was libeled, and indicated to be the creator (since they had joined, while I had not). I quickly corrected the mistake, but found an abuse complaint of copyright infringement against me. Fortunately the claim was fraudulent, as the content in wiccans_untie's info originally appeared in wiccan and silvertree has (if I interpret "Np." correctly) granted her permission for the use of that text in wiccans_untie (she was in fact notified as soon as I created the lart.)Unfortunately the Digital Millennium Copyright Act requires that I submit to a legally stringent commitment. The abuse team has advised me to seek legal representation, so here I am!
FYI I am in the 9th Federal Legislative District(?) Eastern Washington U.S. Court District (easy, 30 minute drive for me).
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(no subject)
Date: 2004-07-14 01:11 am (UTC)A diminished capacity plea is only relevant to a crime of specific intent; see Fazzini, 871 F.2d at 641; see also Smith, 638 F.2d at 132.
All that aside, this really is a simple situation. Somebody has tossed out an accusation because it's easy to do and causes stress in someone else they don't like. The response is to send a simple "that's bullshit" letter, forcing them to put up or shut up. This is the only reasonable response (so long as the accusation is unfounded) and so the question is limited to the correct legal wording of the response letter. DCT has kindly provided a well researched, correctly worded, completely sufficient template letter that has been used successfully by hundreds of people over the last couple of years.
IP law isn't simple, but it's not black magic. As in other parts of life, one is probably better off going it alone than feeding the lawyers.