Posted on 09/23/2003 1:40:22 PM PDT by Jim Robinson
Edited on 09/25/2003 11:29:47 AM PDT by Jim Robinson. [history]
Subject: Copyright Infringement
Date: Tue, 23 Sep 2003 15:42:53 -0400
From: "Gigante, John D."
To: "'WEBMASTER@FREEREPUBLIC.COM'" WEBMASTER@FREEREPUBLIC.COM
September 23, 2003
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED, AND BY E-MAIL TO WEBMASTER@FREEREPUBLIC.COM Free Republic, LLC P.O. Box 9771 Fresno, CA 93794
Re: Copyright Infringement Dear Sir or Madam:
We represent The Conde Nast Publications, publisher of Vanity Fair. It has come to our attention that your website posted and continues to post without permission at least two copies of an article entitled "The Message in the Anthrax" written by Don Foster for the October 2003 issue of Vanity Fair.
Mr. Foster owns the copyright in this article and Vanity Fair paid for the exclusive right to publish the article for a limited period of time. As the copyright owner, Mr. Foster has the legally enforceable right to determine who, if anyone, may publish the article, and during the period of its exclusivity, Vanity Fair has the legally protectable right to be the only party publishing the article.
Your reproduction of this article on your site (even if it was posted by third parties) is an infringement by you of Mr. Foster's copyright rights and, since your infringement continues to occur during the period of Vanity Fair's exclusivity, it also violates Conde Nast's rights. The remedies available under the U.S. Copyright Act are severe, including injunctive relief, payment of statutorily-prescribed damages of up to $150,000 per infringement, and reimbursement of attorneys' fees.
We demand that you immediately remove from your website all materials from Vanity Fair and any other Conde Nast publication, and that you provide us with a written statement specifying all of the material removed, and that you agree not to use any Conde Nast material in the future unless you first obtain the copyright owner's written permission (which may be granted or withheld). If you do not agree, we will advise our client it must pursue more formal means to resolve this problem. We expect to hear from you within ten (10) days of your receipt of this letter.
Sincerely,
John Gigante, Esq. Sabin, Bermant & Gould LLP Four Times Square New York, N. Y. 10036-6526 Tel. 212-381-7066 Fax. 212-381-7227
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There's nothing bad about these mainstream publications doing this, it's a blessing in disguise.
See, not only are they cutting off their nose by denying themselves major traffic by allowing others to bring attention to their sites/magazines, but they're foricing us to use only right leaning and alternative sources for our content.
So now they'll have less traffic and these boards will take on a more alternative or right leaning mood. If they want to Balkanize the information flow on the web it's their loss.
It's up to the owner to decide. That's why some can say "links only". However you can summarize what is in the article and there is NOTHING they can do about it. You don't even have to link. You are screwing them. Which is good.
In other words, no permission required to do this? (I hope not anyway.)
It would seem that the left leaning, FR hating publications have latched on to a new tactic.
I don't think this will be the last such "cease and desist" request you will receive from one of the rags.
Two can play that game.
Same goes for Vague, er, Vogue, also a Conde Nast publication. GQ ain't far behind.
Bingo. I've always thought that JR should not link to publications that don't play ball. This is one of the most trafficked sites on the web, why should we send business to those who are opposed to us in every way.
We don't need them and are in fact better for not having them.
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