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Topic: Online Article reprinted to show errors (Read 577 times) |
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Stefani Koorey
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Online Article reprinted to show errors
« on: Mar 22nd, 2007, 2:31pm » |
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I run an online forum. I saw an article online that was rife with factual errors. I wrote the publisher and they said they would alert the author. This was four years ago. The author wrote back to me saying they had done their best with the piece.
I posted the article on my forum and noted all 52 errors of fact. The members used the article as a learning exercise about what not to do when writing about our subject.
The article and comments have since been relegated to the archives.
The author has just written me an email saying he was going to sue me for "theft of intellectual property".
Any advice as to if I am in the wrong?
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Stefani Koorey
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Re: Online Article reprinted to show errors
« Reply #1 on: Jul 22nd, 2007, 9:08am » |
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No one responded. Have I stumped everyone? Any advice? I am still wondering what the skinny is on this problem, legally of course.
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Isaac
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Posts: 3472
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Re: Online Article reprinted to show errors
« Reply #2 on: Jul 23rd, 2007, 7:48am » |
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on Jul 22nd, 2007, 9:08am, Stefani Koorey wrote:| No one responded. Have I stumped everyone? Any advice? I am still wondering what the skinny is on this problem, legally of course. |
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It's difficult to say. You seem to admit to enough facts to establish at least a prima facie case of copyright infringement. Assuming that to be correct, upon being sued, you would have a duty to establish that your copying fell into an exception such as fair use and/or to argue some other affirmative defense.
Unfortunately, fair use cases are very fact specific and I don't know all of relevant facts. While some of the facts you posted are suggestive of fair use, there's nothing like enough detail to venture a guess, and certainly not enough to venture an opinion you should rely on.
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Isaac
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Allan Bergman
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Re: Online Article reprinted to show errors
« Reply #3 on: Sep 9th, 2007, 9:56am » |
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I checked into the archives of the posts you referenced on your forum website and it appears there were *not* presented as a learning exercise but more as a negative review with criticism suggestive of grounds for suit. I would have an attorney review your posts and email to the publisher for further advice. From what I read, were I the author, I would probably sue you as well, but that's my personal opinion based only on what I read. It is not surprising you are justifiably concerned.
-Allan
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Allan Bergman
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Re: Online Article reprinted to show errors
« Reply #4 on: Sep 9th, 2007, 9:58am » |
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I checked into the archives of the posts you referenced on your forum website and it appears there were *not* presented as a learning exercise but more as a negative review with criticism suggestive of grounds for suit. I would have an attorney review your posts and email to the publisher for further advice. From what I read, were I the author, I would probably sue you as well, but that's my personal opinion based only on what I read. It is not surprising you are justifiably concerned.
-Allan
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