Slashdot Mirror
Copyright Infringer Tries To Shut Down Reporting On Her Infringement
An anonymous reader writes "Further to the previous story on Slashdot where attorney Candice Schwager threw threats to sue a photographer who reported a DMCA violation against her for infringing use of his photography: Candice has now made a DMCA threat of her own against Petapixel, a photography site that reported on her infringement. The kicker? She's sent the DMCA notice an apparent six times not to Petapixel's registrar or their hosting service, but to Godaddy, her own registrar."
wah-wah.
This entire thing reeks of FAIL.
I want to delete my account but Slashdot doesn't allow it.
This story makes no sense at all. And "threw threats"?
She is!
how the fuck did that happen?
oh, wait.. she's from texas. never mind.
Can a person fail the turing test for being too dumb to create a description that most people on slashdot can understand?
Roll on, Streisand effect, roll on.
petapixel's registrar appear to also be GoDaddy. Of course that may not be their host...in fact probably is not. Her takedown notice still makes her sound like a lunatic though.
Yahoo to Log "Source Port" with IP Address/Time
- https://plus.google.com/112961607570158342254/posts/dfDBtCcXNmH
via http://cryptome.org/ @ O f f s i t e :
2012-00344 Yahoo to Log "Source Port" with IP Address/Time June 2, 2012
===
FBI: New Internet addresses could hinder police investigations
"As the Internet prepares to celebrate World IPv6 Day next week, law enforcement is worried the transition could hinder legitimate investigations. Some tech companies agree it's a concern."
by Declan McCullagh
May 31, 2012 11:58 PM PDT
- http://news.cnet.com/8301-1009_3-57445157-83/fbi-new-internet-addresses-could-hinder-police-investigations/
http://houstonattorneysocialmedia.com/law-firms-are-embracing-social-medis-for-top-seo-rankings-in-texas/
Apparently she's an expert in social media.
I want to delete my account but Slashdot doesn't allow it.
That's an unusual and quite unexpected number of tagged categories.
She needs to look up "fair use". In case she's reading, I refer her to 17 USC 107
make imaginary.friends COUNT=100 VISIBLE=false
So, how long before the Texas bar pulls the Jack Thompson trigger on Ms. Schwager for conduct unbecoming?
They need a complaint first:
Contact a CDC Regional Office
If you have questions about the grievance process or the status of a grievance, or if you need to request a grievance form, please call the office located nearest you.
Austin, Texas
Phone: (512) 427-1350, or
(877) 953-5535
Fax: (512) 427-4169
Chief Disciplinary Counsel
1414 Colorado St.
Austin, Texas 78701
Dallas, Texas
Phone: (972) 383-2900
Fax: (972) 383-2935
Chief Disciplinary Counsel
14651 Dallas Parkway, Ste 925
Dallas, Texas 75254
Houston, Texas
Phone: (713) 758-8200
Fax: (713) 758-8292
Chief Disciplinary Counsel
600 Jefferson, Ste. 1000
Houston, Tx 77002
San Antonio, Texas
Phone: (210) 208-6600
Fax: (210) 208-6625
Chief Disciplinary Counsel
Federal Reserve Building
126 E. Nueva, Suite 200
San Antonio, Texas 78204
How to file a complaint:
http://www.texasbar.com/AM/Template.cfm?Section=Filing_a_Complaint&Template=/CM/HTMLDisplay.cfm&ContentID=15451
Grievance Form:
http://www.texasbar.com/Content/NavigationMenu/ForThePublic/TheGrievanceProcess/HowtoFileaGrievance/GrievanceFormEnglish.pdf
Personally I value my private parts.
Excellent! Now off to complain away....
Om, nomnomnom...
Petapixel is reporting on her copyright infringement. As such they have a thumbnail screen shot of her site as proof. That thumbnail includes her logo, just barely readable. This woman needs to go back to law school and look up "fair use" and the difference between copyrights and trademarks. Next thing you know, she will be claiming copyright infringement for publishing her DMCA letter. If she really is practicing law then she ought to be disbarred for her behavior.
Just take the story to the tools at 4chan. They're so annoying and I am sure they'll do something funny to make her wish she wasn't such a troll.
Can the tags at the bottom of the linked page be enough to hit her with libel?
She is a fucking nutcase. Holy crap... I'd run away too, out of fear she'd kill me. I guarantee she carries a gun.
She has even put in a script to block right-clicking and asking to respect her copyright. All I tried to do was copy a shortcut!
It says:
Sorry right clicking is disabled, please respect copyright.
WTF? really lady? You didn't with that photo and go on some crazy rant. I can't even read some of what she writes without just rolling my eyes.
Will someone please disbar this "attorney"? If she can't even understand the basics of who owns what then she doesn't need to harm others by "practicing" law.
Make no mistake -- Texas is indeed full of dumbasses. It's not a unique condition. I have lived here ALL my life and the one thing I have come to understand about dumbasses, is not all of them are malicious assholes. We didn't all vote for Bush (or Perry for that matter) but WAY too many of us did.
Then Karl Rove put his thumb on the scale and nothing else mattered.
Does anyone else find it ironic that the actual infringer's sites [ http://chicksandpolitics.com/ , http://atty4kids.org/ ] have an anti-right-click script that produces a smarmy message about respecting copyrights?
Caveat Emptor is not a business model.
A clear example, if only a recent one, this is.
She needs to hear the other point-of-view from someone she trusts and respects. Someone she will listen to and actually take it onboard when they tell her she's being pretty stupid and wasting her own time. Probably someone she works for at one of the sites she maintains. And if you locate someone, be nice. Real nice. I shouldn't need to say it, but distingush between Ms Schwager and her actions and also between her actions and these organisations. Point out how her idiocy is making them look bad.
Wade.
the nearest adult for the failures of the teabagging idiots who caused the mess. You see son, just because you change a president does not mean that any sort of reset button is pressed, and the cost of your past mistakes is suddenly forgotten. Hopefully you'll figure this out by the time you grow up, so we won't have to continue to clean up after spoiled children like you yet again.
She's sent the DMCA notice an apparent six times not to Petapixel's registrar or their hosting service, but to Godaddy, her own registrar.
From this its obvious, Candace Schwager is incompetent as lawyer and at life. In my opinion, of course.
It looks like someone took her site down.. Nothing but 404 pages
http://www.schwagerconsulting.com/
Personally, I think I am honest, and a terrible liar. I didn't realize most people were full of shit until I was about 32, and by then it was too late for me. My honesty, even though I am skeptical, makes me trusting and gullible.
What I have learned is that there are people like me... but we look just like people like them, the liars. Liars don't lie necessarily to hurt people, just to amuse themselves sometimes. They are not always sociopaths. Most churches, for instance, by and large are full of decent individuals... yet they are also chock full of liars. The same is true of any large group.
The best defense is an early and strong offense: Lie first, lie well. Once you accuse someone of something, it is nearly impossible to get rid of the bull... unless you have been in the same place for a long time and have a large number of friends you trust. But if this is true, likely, you feel comfortable enough to lie... that you are more important than whomever your apparent enemy is.
I was always taught that eventually, the truth comes out... and this is more or less the case... but even when the truth comes out, damage has been done. First impressions are lasting impressions. In any microsociety, everyone loves a stink... everyone loves to talk trash, everyone loves heresay, and even third hand heresay. If you happen upon a truely honerable person that stands up against the bullshit, do what you can to support them, befriend them, because they are the most loyal friends.
Remember this: the crowd is untrue! The individuals are beyond reproach, everyone sees themselves as better than the other, but the crowd decides what happens, and the individual can do nothing to stem the tide... nothing but get thrown under a bus.
Either you can subscribe to social darwinism, dog eat dog world and all that, or you can strive to be better, a human being, someone who won't devolve into a back stabber just to amuse yourself or eliminate someone you see as competition. You don't have believe in God to see that the Golden Rule is actually a decent code... its really Newton's Third Law of Motion, and in that you can believe because its science! Try to break Karma... I dare you.
Although her Linkedin profile states that she has worked as an attorney in the past, the Texas bar website does not show her as a current member. She claims to have made a voluntary career change and left the practice of law to become an attorney marketing guru. That's somewhat plausible, except that NO attorney who has been admitted to the bar would allow their admission to lapse voluntarily except in VERY unusual circumstances. Even those who leave the practice of law almost always maintain their bar memberships. I would bet she was disbarred or suspended for an extended time.
I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
both are have pretty low standard.
Why? It doesn't seem to have helped you at all.
Another number, perhaps: (281) 957-9028
Why or how was that rant worth posting? Slashdot has been an effective avenue for wasting time for its whole existence (in addition to having some worthwhile articles). The trick is to read the headline, maybe part of the summary, and decide if you want to read further.
After reading some of her posts, I'm not all that surprised she has special needs children.
Lest you forget, and I'm sure you have all forgotten, one of the universally-despised Righthaven's early major defeats in court occurred when a judge decided that a non-profit could use a news article IN ITS ENTIRETY as fair use http://arstechnica.com/tech-policy/2011/03/copyright-troll-righthaven-achieves-spectacular-fair-use-loss/ . Can this woman lose a similar defense over a single image (not that the photographer has yet sued)? Perhaps she can, if only through her own incompetence. Odds have shifted in her favor, and in the favor of 1000s other organizations you may consider undeserving. Yes, that's the taste of victory turning to ash in your mouth. Remember to vote Pirate Party!
Oh wait. You said flaming, not flamingos. It doesn't make any more sense now though.
PetaPixel Michael Zhang Exploits Disabled Kids Non-Profit
Couldn't this qualify as libel? And isn't she perjuring herself by claiming that this individual is violating her copyrights even though it's a clear cut case of fair use? Not to mention the crazy claims she made about the other individual.
This series of events have been so awkward and strange that I'm seriously starting to wonder if everyone is in it together to troll the internet. How is this crazy lunatic woman a lawyer, really, without even seemingly a basic understanding of the law?
Someone needs to put this hag in her place.
The judge didn't rule that any non-profit can take anything they want. You have to read the ruling to understand why he thought that particular non-profit using that particular article was fair use.
Waste of time? Maybe.
Absolutely unbelievably funny how stupid some people can be? Yes
Worth reading just for the giggles? Definitely.
[The Universe] has gone offline.
This lady reminds me of the whole ocean marketing debacle from not too long ago.
http://news.slashdot.org/story/11/12/27/2128202/pr-firm-unwisely-tangles-with-penny-arcade
http://knowyourmeme.com/memes/events/paul-christoforo-ocean-marketing-emails
Paul Christoforo, Charlie Sheen, and Candice Schwager. They should start a company together.
I would televise their board member meetings on prime time.
Tiger Ocean Schwag has a nice sound to it. I better register it so I can be the first person they sue.
The problem I see is we've got 2 evils... and no clear "lesser" to be found!
Obama is the evil we already know, except likely to be amplified by the fact he'll be a lame duck if re-elected. (He can go full speed ahead with those "Green initiatives" he wanted so badly, but backed off on a bit, etc.)
Romney is the evil we don't yet know (though we're getting an increasingly good idea of just how evil the guy will be in the office of president).
Screw it .... I'm supporting Ron Paul until the end, just because the man offered people a pretty compelling alternative to the status-quo duopoly they're trying to shove down our collective throats. If I have to write his name in on a ballot, so be it.
I honestly don't consider you "part of the problem" if you truly think you're voting for a lesser of the 2 evils expected to be among the only 2 electable people for the position. The problem is the Republicrats who have a monopoly on power/money/influence and are just as concerned with hanging onto that control, long-term, as they are getting one of their factions elected over the other one in a given election.
But as I say ... This is one of those cases where I'm finding it really difficult to say Obama is "less of an evil" than Romney would be, or vice-versa. Both of them will "stay the course" of taking us right off the cliff.
Did you read the original story? How she threatened to sue the owner of a photo that sent a DMCA? This is just a followup story.
From a post on her batshit insane rambling website.
Jay is a hacker and tech expert and knows everything imaginable about computers. He would certainly know how to take down 14 of Atty4kids’ websites with a single accusation. He would also know that images can be purchased through licensing, if he did not truly own the image motivating him to slice her jugular. He undoubtedly knows how to kill a server with a Trojan virus, though I’m not suggesting he did this to a mom of three little boys, one with special needs.
And SHE is suing HIM for libel. Holy shit.
I'm a good cook. I'm a fantastic eater. - Steven Brust
Not a psychologist but sounds like this woman has persecutory delusions.
Dare we not extend the death penalty to gross stupidity?
Subject says it all.
Candice, I am trying to help you here.
Because lawyers think they have some God given right to be above the law.
This crazy woman thinks that just because she is involved in programs supporting disabled children, she should get a free pass at violating the law? It's entirely HER FAULT that she put these multiple sites together under one in which she infringed on someone else's copyright. If she wants them to go back online, then it's simple. Remove the infringing content (or agree to by a specified date). Or split the sites apart. But instead, she wants to use her law background to do the things that get lawyers hated by the public, and to even further extend her own misery on the internet.
Candice: just get a clue. Here's a free one (and feel free to copy it, too). Put your web sites back up elsewhere under other domain names. Just leave out the copyright infringements when you do.
now we need to go OSS in diesel cars
In her complaint:
He may contact me by mail at 1417 Ramada Dr. Houston Texas 77062 and is ill advised to call me after this bottomfeeder exploitation. I have more than a good faith belief that Michael Zhang knows he is infringing upon my rights because his entire article falsely accuses me of infringing upon Jay Lee, the Houston Hacker’s rights, when Lee dropped this claim with Go Daddy without prompting from me. He voluntarily (scared) ran. Zhang clearly knows and I believe without a doubt he does that his use of my work on his site is illegal, unauthorized and objectionable under federal law.
WRONG! He withdrew because of your threat. It has no bearing on the issue of whether or not you originally violated his copyright. It is obvious that Jay Lee had no intent for his complaint to do no more than take down ONLY the copyright infringement. It was GO DADDY that chose to screw over all the rest of your sites. So sue Go Daddy!
now we need to go OSS in diesel cars
For repeated demonstrated incompetence?
Seriously, this woman's supposed to be a lawyer?
It probably made more sense with the flamingos.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
Jay Lee needs to pick this up again, just to get a conviction against her. That would make it easier to get het disbarred. Lawyers should learn when to sue and when not to and that sueing people can have consequences to themselves as well.
I was promised a flying car. Where is my flying car?
as part of your post.
everytime ya turn around its another nut bar ( PARDON THE PUN )
Is an angry, childish, arrogant, stupid, vindictive and truly horrible person. Her blog is just pure nastiness scattergunned at a mixture of political and personal opponents.
How unprofessional. These are not terms that a lawyer should bandy about in a professional letter.
I copyrighted ur copyright so you can infringe while you're infringing.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Funny how she signs the utterly disrespectful take down notice "respectfully, ...:
Once again, Lawyers are not the smartest cookies in the jar. "He who serves as their own lawyer has a fool for a client." Sounds like a counter claim for harassment, filing a frivolous lawsuit and abusive litigation. See CASE COMMENT: Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=21+Ga.+L.+Rev.+429&srctype=smi&srcid=3B15&key=d376f4fa7d7435dfcf58647c4b43a54c
Respectfully,
Candice Leonard Schwager
Zzzzzzz... huh? Oh, it ended already? Okay, that wasn't so bad. Oh wait, the entry has tags...
... Michael-Zhang-libels-Atty4kids-lies-libel-Bottomfeeder, ...
Oh, so "Bottomfeeder" is still a respectful term? As I understand it, lawyers are no longer allowed to call other people "scumbags", because that technical and accurate term is no longer considered politically correct. "Bottomfeeder" is still okay, though?
GoDaddy is PetaPixel.com's registrar... Or am I dong this wrong?
Mark (the Rugby player)? Julianne (the musician)?
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Her maiden name isn't Bush, is it?
"crisis.. decades of progressive erosion of banking regulations, and the culprits were a series of Republicans...". Your statements, saying don't scapegoat but blame the republicans is scapegoating.
Both parties are accountable for this mess. Look at the collapse of the savings and loan industry, brought about by the Charles Keating, who defrauded about 23,000 people who had invested and had savings in Lincoln Savings and loan. 5 senators ran interference in the investigation of Lincoln Savings and Loan. All five received big chunks of money for their campaigns from Charles Keating. The senators involved were 4 democrats and one republican. The five were
Alan Cranston (California Democrat), Dennis DeConcini (Arizona Democrat), John Glenn (Ohio Democrat), John McCain ( Arizona Republican), and Donald W. Riegle, Jr. (Michigan Democrat ).
Senators and congressmen are bought and paid for by the financial institutions, who could care less about party affiliations, they only care about results.
Michael Zhang Petapixel Libels Atty4kids and violates DMCA
,., ia coevrightclainislugodaddfruunl RE: CEASE d, DESIST and Take Down DMCA Notice
:. What is sickening is this man is supposedly a professional and is well aware of the law and your politicies, but violates them anyway. Read his blog.
June 2, 2012
GoDaddy Hosting Copyright Infringement Legal Department
You are hereby notified AGAIN (6 times) of one of your customers infringing my rights. The image is one the email attached and my artistic work, copyright protected is the second screenshot down, with the Twitter Bird, clealy identifying "Schwager Consulting" via the logo, also attached to this letter so that you know without any doubt I am the copyright owner. I swear under oath with penalty of perjury that this identified screenshot exploited by Michael Zhang on Petapixel is mine and I have not and will not give any rights to anyone for use. As such, this is a violation of the Digital Millenium Copyright Act ("DMCA") and you are liable if you continue to protect this creep. I have consulted with a specialist in IP, who is more than happy to sue to you. I ask you IMMEDIATELY take down for infringing my rights. The screen shot may be found at http://www.petapixel.com.com/tag/candiceschwager
He may contact me by mail at 1417 Ramada Dr. Houston Texas 77062 and is ill advised to call we after this bottomfeeder exploitation. I have more than a good faith belief that Michael Zhang knows he is infringing upon my rights because his entire article falsely accuses me of infringing upon Jay Lee, the Houston Hacker's rights, when Lee dropped this claim with Go Daddy without prompting from me. He voluntarily (scared) ran. Zhang clearly knows and I believe without a doubt he does that his use of my work on his site is illegal, unauthorized and objectionable under federal law.
I will pursue all available remedies against parties who do not respect my rights after having 14 websites taken down based on lies. Everything I have said is accurate under penalty of perjury of law and Michael Zhang aka Petapixel is not only libeling and exploiting me, but infringing too. Please take it down now or I will sue all in federal court. These juvenile games are hardly amusing.
Respectfully,
Candice Leonard Schwager
Remember Phil Hartman's "Unfrozen Caveman Lawyer" character on Saturday Night Live? He wasn't a lawyer who specialzed in services to or for unfrozen cavemen - he was a lawyer who also happened to be an unfrozen caveman.
This woman appears to be a "special needs attorney" in the same sense.
Jerry Taylor and her have much in common.
Somebody send this loon a copy of the wget man page.
BWAAA HAA HAAHAA
Wait, I like that. I'll use that one next time. But flaming nacho pants is a little less abrasive, though.
It's the Stay-Puft Marshmallow Man.
Her atty4kids website was either slashdotted or taken down as it is currently offline.
Seems like the logo for her blog is even visually similar (nearly identical) to the Organization of Pharmaceutical Unity with BioAllied Sciences.
Compare her blogs' logo to the one on the following website: http://www.opubs.com/
when Lee dropped this claim with Go Daddy without prompting from me. He voluntarily (scared) ran.
This is why you never give an inch, especially so to crazy women.
They take your good grace as you running away from a fight, rather than you being considerate and making a gesture of goodwill.
I'd use the one of John Colbert sitting with 3D glasses on, eating popcorn.
Nom, nom, nom. Continue with the hilarity please, I still have popcorn to finish.
This lady will continue on until she's disbarred. That... will be a good day for Texas.
You haven't removed anything. You're coming back here more than ever.
The chicksandpolitics.com website appears to be down right now. Presumably it was up Saturday based on the article in the Google Cache, but it's gone now. Maybe GoDaddy accepted her DMCA against herself? We can only hope.
Posting anonymously so as to not undue my moderation.