Dealing With a Copyright Takedown Request?

George Maschke writes "I recently received a takedown notice from a corporate lawyer demanding that I remove a post on my Web site's message board. It purportedly lists the first 75 of 567 questions on the MMPI-2 paper-and-pencil psychological test. It seems to me that such posting of a limited amount copyrighted material for discussion purposes on a public-interest, non-profit Web site falls within the scope of the fair use exemption of US copyright law. I have thus declined to remove the post. I believe that the corporation in question is seeking to chill public discussion of its test, which applicants for employment with many governmental agencies are required to complete. I would be interested in this community's thoughts on the matter."

Comments

WANAL

[SuperKendall]

Hi, I'm not a lawyer nor are many people you're likely to see posting here.

But that percentage sounds like it may just cross the line for fair use, or perhaps even editorial comment. If you are going to go against the wishes of a larger entity, be sure of the percentage that might cross a line and trim to that. It may not be necessary to remove if you can editorialize.

Otherwise, I hope you run the website through an LLC.

Just throw it away

[Gothmolly]

Was it certified? Can they prove they sent it?

Update on Situation

[George Maschke]

Since I posted this to Slashdot a few days ago, my webhosting provider (CanadianWebhosting.com) received a communication from its bandwidth provider (Peer1.com) that unless the post that was the subject of the DMCA takedown notice was removed, the entire server (which hosts other Canadian Webhosting customers, too) would be taken offline. So I reluctantly agreed to temporarily remove the post in question and have replaced it with a brief notice explaining the situation.

Peer1.com seems to be under the impression that once a DMCA takedown notice is received, the material mentioned in the notice must be removed for a period of 14 days, after which, if the complainant does not provide notification that it has sought a court order, the material may be restored. However, my understanding is that the material may be placed back on-line (PDF) promptly upon the service provider's receipt of a counter-claim (which I have already sent), that is, there is no need to wait 14 days.

It's also worth noting that Pearson, the copyright holder of the MMPI-2, filed a takedown notice for the very same post in 2007. We promptly filed a counter-notice, Pearson took no further action, and we thought the matter resolved. Has anyone had a problem with a copyright holder filing repeated DMCA takedown notices to one's service provider for the same material?

Re:What, These Questions?

[Anonymous Coward]

Not quite, it's these questions: 1. I like mechanics magazines. 2. I have a good appetite. 3. I wake up fresh and rested most mornings. 4. I think I would enjoy the work of a librarian. 5. I am easily awakened by noise. 6. My father is a good man (or if your father is dead) my father was a good man. 7. I like to read newspaper articles on crime. 8. My hands and feet are usually warm enough. 9. My daily life is full of things that keep me interested. 10. I am about as able to work as I ever was. 11. There seems to be a lump in my throat much of the time. 12. My sex life is satisfactory. 13. People should try to understand their dreams and be guided by or take warning from them. 14. I enjoy detective or mystery stories. 15. I work under a great deal of tension. 16. Once in a while I think of things too bad to talk about. 17. I am sure I get a raw deal from life. 18. I am troubled by attacks of nausea and vomiting. 19. When I take a new job, I like to find out whom it is important to be nice to. 20. I am very seldom bothered by constipation. 21. At times I have very much wanted to leave home. 22. No one seems to understand me. 23. At times I have fits of laughing and crying that I cannot control. 24. Evil spirits possess me at times. 25. I would like to be a singer. 26. I feel that it is certainly best to keep my mouth shut when I am in trouble. 27. When people do me wrong, I feel I should pay them back, just for the principle of the thing. 28. I am bothered by an upset stomach several times a week. 29. At times I feel like swearing. 30. I have nightmares every few nights. 31. I find it hard to keep my mind on a task or job. 32. I have had very peculiar and strange experiences. 33. I seldom worry about my health. 34. I have never been in trouble because of my sexual behavior. 35. Sometimes when I was young I stole things. 36. I have a cough most of the time. 37. At times I feel like smashing things. 38. I have had periods of days, weeks, or months when I couldnâ(TM)t take care of things because I couldnâ(TM)t âoeget goingâ. 39. My sleep is fitful and disturbed. 40. Much of the time, my head seems to hurt all over. 41. I do not always tell the truth. 42. If people had not had it in for me, I would have been much more successful. 43. My judgment is better than it ever was. 44. Once a week (or more often) I suddenly feel hot all over, for no reason. 45. I am in just as good physical health as most of my friends. 46. I prefer to pass by school friends, or people I know but have not seen for a long time, unless they speak to me first. 47. I am almost never bothered by pains over my heart or in my chest. 48. Most anytime I would rather sit and daydream than do anything else. 49. I am a very sociable person. 50. I have often had to take orders from someone who did not know as much as I did. 51. I do not read every editorial in the newspaper every day. 52. I have not lived the right kind of life. 53. Parts of my body often have feelings like burning, tingling, crawling, or like âoegoing to sleepâ. 54. My family does not like the work I have chosen (or the work I intend to choose for my lifework). 55. I sometimes keep on at a thing until others lose their patience with me. 56. I wish I could be as happy as others seem to be. 57. I hardly ever feel pain in the back of my neck. 58. I think a great many people exaggerate their misfortunes in order to gain the sympathy and help of others. 59. I am troubled by discomfort in the pit of my stomach every few days or so. 60. When I am with people I am bothered by hearing very strange things. 61. I am an important person. 62. I have often wished I were a girl. (or if you are a girl) I have never been sorry that I am a girl. 63. My feelings are not easily hurt. 64. I enjoy reading love stories. 65. Most of the time I feel blue. 66. It would be better if almost all laws were thrown away. 67. I like poetry. 68. I sometimes tease animals. 69. I think I would like the kind of work a forest ranger does. 70. I am easily downed in an argument. 71. These days I find it h

Is this test legal in the US...?

[SomethingOrOther]

Such a test would be rather illegal in the UK, and probably much of the EU.

20.My sex life is satisfactory
69.I am very strongly attracted by members of my own sex
Both questions could count as sexual harassment. (Aside from the fact, most sane people would tell the questioner to fuck off and mind there own business)

14.I have diarrhea once a month or more
Surely questions about your health that are not job releted are illegal?

58.Everything is turning out just like the prophets of the Bible said it would
LOL ! Don't get me started on the legality of this one!

I'm honestly amazed these questions are considered acceptable.
Here, they WOULD bring the law crashing down on you.

Re:Well.. It may not

[tomhudson]

Just as a note, if you are ever incarcerated do not decide to fuck with the test for lulz. It ends badly every time.

Just as a note, if you are ever incarcerated do not take the test.

There, fixed it for you.

The ones they missed

[Megane]

By plugging the text of #66 and #67 into Goggle using quotes to get phrase matches:

1-75 plus some bogus ones

370 questsions of another version

1-75 plus 1-130 of the 370 version

(PDF) contains a sampling of about 100 randomly ordered questions

1-75

1-566 as VB .asp program source (!) and possibly with "preferred" answers

Enjoy your Streisand Effect!

Re:text

[Thelasko]

The sad thing is that people who lie on the test (and are consistent about it) are the ones that are going to get hired.

I posted a story about these types of tests in January. One comment stood out:

These types of tests have been used ever since professional management was invented as a skill separate from actually being able to do anything economically useful.

I suggest that anyone who has to work in an organization that uses these types of tests read "The Organization Man" by William H. Whyte. Some key chapters are online here: http://www.writing.upenn.edu/~afilreis/50s/whyte-main.html [upenn.edu] However, what is not online is the Appendix, titled "How To Cheat on Personality Tests". The book was published in 1956.

Whyte doesn't suggest that you cheat on personality tests just because you are greedy, or because corporations are evil and you have to survive, or anything radical like that. It is clear from the book that Whyte is the kind of guy who presumes that most people are well-intentioned, that managers probably want to hire the best, and they need these scores to cover their ass, so people should give the correct answers on tests so managers can then pick the good guys and promote them.

Meyer-Briggs and Minnesota Multi-Phasic whatchamacallits have never been shown to be of any practical use, and their pointlessness has been known for decades.

"The Organization Man" is one of the funniest books I have ever read, but I think it is only funny if you have been exposed to Organization Men enough to recogize the traits he points out, and it is a kind of dry, no-punch line humour that I associate with old men who are constantly laughing at you inside. For the enjoyment of Slashdot I will reproduce here a couple of paragraphs from the "How to Cheat on Personality Tests" chapter:

"The important thing to realize is that you don't win a good score: you avoid a bad one. (...) Sometimes it is perfectly all right for you to score in the 80th or 90th percentile; if you are being tested, for example, to see if you would make a good chemist, a score indicating that you are likely to be more reflective than ninety out of a hundred adults might not harm you and might even do you some good."

"By and large, however, your safety lies in getting a score somewhere between the 40th and 60th percentiles, which is to say, you should try to answer as if you were like everyone else is supposed to be. This is not always too easy to figure out, of course, and this is one of the reasons why I will go into some detail in the following paragraphs on the principal types of questions. When in doubt, however, there are two general rules you can follow: (1) When asked for word associations or comments about the world, give the most convential, run-of-the-mill, pedestrian answer possible. (2) To settle the most beneficial answer to any question, repeat to yourself:

a) I loved my father and my mother, but my father a little bit more
b) I like things pretty well the way they are
c) I never worry much about anything
d) I don't care for books or music much
e) I love my wife and children
f) I don't let them get in the way of company work"

You know what is the saddest about these personality tests ? This guide to cheating on them was written just a few years after the basic ones became popular (they were developed in the 20's and 30's, came into use and were standardized (and also statistically tested and proven worthless) in the bureaucracy of WWII, and The Organization Man was published in '56), but the cheat guide works perfectly well even for tests developed long after the cheat guide was written.

You can take a computer administered test developed in the last few years by the best minds in modern management theory, and cheat it with a guide written over 50 years ago.

Re:text

[Attila Dimedici]

I have taken personality tests for several jobs that I applied for. I was not offered an interview at any of these jobs. I do not know if the test had anything to do with it. However, at one of them a friend of mine was offered a job. I know that he has no qualms about stealing from his employer. He has always had a justification for stealing from every employer that he worked for, but he passed the tests.
Additionally, I was a store manager for a company that decided to introduce personality tests into the hiring process. My boss as part of the roll out, had the existing employees take the test to give HR a baseline. All of the store managers but one failed. The one who passed was one they were trying to get rid of for poor performance. They did away with the tests shortly after they fired her for stealing from the company.