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EFF Forces DMCA Abuser to Apologize
destinyland writes "The EFF just announced victory over a serial abuser of DMCA copyright notices. To set an example, their settlement required Michael Crook to record a video apology to the entire internet for interfering with free speech. He's also required to withdraw every bogus DMCA notice, and refrain from future bogus notices, never contest the original image again, and take a remedial class on copyright law.
He'd attempted to use flaws
in the DMCA to censor an embarrassing picture of himself that he just didn't want appearing online — but instead the whole thing backfired."
As stated in TFV (the fine video) 10 Zen monkeys and Mondo Globo own the movie.
... with shallow pockets. Once the precedent is established you use it to go after people (scumbags or otherwise) with deeper pockets.
That's why prosecutors start a child molester, if possible, when they're prosecuting the first case under a new censorship law.
Works just as well for the good guys:
- Start with some idiot who both exposed himself in public as part of a scam and used bogus DMCA takedown notices. Get the precedent established that bogus DMCA takedown notices are wrong and you can be punished for them.
- Next go after somebody who used bogus takedown notices without exposing himself or committing other previous (but somehow related) scams, but DID cause a bunch of financial and/or other damage by his activities. Establish that he has to pay for the damage plus a penalty.
- THEN take on the MAFIAA.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
If you search around a bit (Google cache helped here) you'll see that it wasn't a nudie picture he was embarrassed about, it was his entire bit on Hannity and Colmes where they verbally beat him down for badmouthing our troops. He figured that he owned his own image and that somehow the DMCA gave him the power to prevent the reproduction of his image in that broadcast.
Naturally you don't own the copyright to your image if someone else takes a picture of you and you sign a waiver giving up your copyright to that particular image and likeness.
In the end, he's just a sad, disillusioned jerkoff who does things the American Way(TM) - without thinking about or understanding his actions.
...and that's the way the cookie crumbles.
I didn't know who the guy was so I looked him up.
Man's a creep. So he posts pictures of men he baits on craiglist posing as a woman but his image should be considered off limits? Hypocrite, to say the least.
What's good for the goose is good for the gander. Every action has a reaction. Play with the bull, get the horns. Crap, I just ran out of clichés.
For those who can't access 10zenmonkey, you can read a short blurb here.
Not sure why he got all worked up for that picture anyway. I look way worse on most of my photos. And usually with my eyes closed.
No sig
http://www.boingboing.net/2006/11/02/michael_crook _sends_.html The Image
http://www.youtube.com/watch?v=p7vssO8jj1E Video of him on Hannity and Colmes (poor sound quality)
Good find! If you don't like Crook's two-faced approach to his case, feel free to write him a letter or give him a call:
Michael Crook
8417 Oswego Rd. #179
Baldwinsville, NY 13027
Phone: 347-218-7773
Email: mcwhoismail@gmail.com
Info courtesy of Whois.net.
!#@%*)anks for hanging up the phone, dear.
What you are thinking about in your post is what's called a "model release". It's a little wrinkle in copyright law. It says that even though I own the copyright to anything I create, I can't use that photo commercially if there is a person who can be identified in the photo unless that person gives permission. But make no mistake about it. If I take a picture of you, I can display it wherever I want (including my webpage), as long as I'm not using it commercially, without your permission.
This is why the newspaper can post your picture in an article, even if you object to it. It's called an "editorial" work.
"Avoid employing unlucky people - throw half of the pile of CVs in the bin without reading them." -- David Brent