Comments on: Disney slams blogger, forgets about goodwill

By: Thord Daniel Hedengren

Thord Daniel Hedengren — Mon, 08 Jan 2007 19:49:29 +0000

Let’s hope he stands up for himself then!

By: Jerry Kindall

Jerry Kindall — Mon, 08 Jan 2007 07:58:23 +0000

“Fair use,” remember, is a defense when you are sued for copyright violation. It means that if you are sued, and the judge or jury agrees that your use qualifies as fair use, you won’t be found liable. It doesn’t mean you can’t be sued, or that you can’t be made to take down copyrighted material owned by someone else.

By: Duncan

Duncan — Mon, 08 Jan 2007 00:15:55 +0000

Mark, I'm sure you meant host. It appears they are now using Computer Tyme hosting, who claims to be a specialist in free speech hosting after being dropped by 1&1 (according to the Kos article). The problem currently with the DMCA provisions are that hosts are obliged to take these materials down, it's only after filing a counter claim can you have them reinstated. It totally sucks (I've had it happen to me), but it's the law as it currently stands, which is why DMCA abuse is so widespread. You Americans, particularly with a new colour in congress should get something done about the DMCA. I would participate, but I'm not American.

By: Mark

Mark — Sun, 07 Jan 2007 23:41:19 +0000

Sorry but this Spacko guy should go and find a better ISP – one that doesn’t bend over whenever some lawyer representing a media firm sends them a letter. Of course ABC and Disney are going to try and protect their revenue. But there was no reason for the ISP to shut his site down. His gripe should be with his ISP. Which ISP was he using? This should be made clear so we know who to avoid.

By: Andy Dabydeen

Andy Dabydeen — Sun, 07 Jan 2007 23:33:21 +0000

I’m with Macca and Duncan … Spocko is protected by “fair use.” Disney in this instance appears to be attempting to squelch the negative publicity before it happens, by bringing out the big guns. If they really want to kill the negative publicity, they should do what any company that values their brand should do — fire the jackass that made the comments in the first place.

By: Duncan

Duncan — Sun, 07 Jan 2007 22:06:38 +0000

Macca is spot on, this guy is free to use clips as part of a bigger story under the fair use provisions of US Copyright Law. Interestingly he hasn’t taken the clips down as of yet from what I can see, my advice would be for him/ her to contact EFF for support and advice.

By: Macca

Macca — Sun, 07 Jan 2007 19:52:26 +0000

He’s not breaking the law. Check out the law related to “fair use” of copyrighted material.