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Is this the correct address?

by Logicus
on Jul 27, 2011 at 03:07 UTC ( #916911=monkdiscuss: print w/replies, xml ) Need Help??

Is this the correct address for legal notices to be served under the Digital Millennium Copyright Act, or any other relevant legislation pertaining to the public dissemination of private personal information and or copyrighted works?

Ask Bjoern Hansen PO Box 18111 Beverly Hills 90209 US

If not then I require at this time full disclosure of the correct address to deal with matter in a lawful manner.

Replies are listed 'Best First'.
Re: Is this the correct address?
by Tanktalus (Canon) on Jul 27, 2011 at 04:45 UTC

    I highly suggest that before you start deciding how to proceed, including as to whether you need to find a contact, or if the whois record is sufficient, you talk to a lawyer. A real one. One with at least a bit of internet experience. Of course, this would likely cost you a few hundred dollars, just to talk to them.

    DMCA doesn't apply: there is no copy protection scheme that Perlmonks has bypassed, nor is Perlmonks lacking a proper license to redistribute your posts. You cannot rescind your authorisation here any more than you can rescind your authorisation for your local paper to distribute a letter to the editor that you sent in and now regret.

    I am not aware of what private personal information that you might refer to, other than your name, but, again, you signed in with that originally. Perlmonks did not go looking for it, you posted it of your own free will. If Perlmonks is somewhere distributing information that you have not personally entered into its database by virtue of submitting it, please share. And note that Perlmonks is also not responsible for the posts of its users, so if some nitwit, not acting on behalf of perlmonks, has posted private information (which I doubt, but I could easily have missed it - I've not been paying attention to most of the drama), that is not something you can sue Perlmonks over.

    Further, should you take to trolling, you may want to talk to your lawyer about that as well. After all, that could be construed as harassment, and that is, unlike copyright violation, an actual crime (as opposed to a civil complaint). Again, I don't expect The Powers That Be to respond with their own legal action (unless perhaps it's a countersuit - you really don't want to open that can of worms and then antagonise the situation with trolling, most judges won't look kindly on that, even without a countersuit), instead dealing with trolling as always: through technology. However, your lawyer should advise you to what legal action you open yourself to with your actions, and I suggest you listen to your lawyer.

    As always, I Am Not A Lawyer. And, even if I were, I Would Not Be Your Lawyer. Hire one who would be your lawyer, and then listen to them.

    Seriously, either shape up and be a productive member of the site, or cut your losses. You're only making things worse for yourself.

      DMCA doesn't apply: there is no copy protection scheme that Perlmonks has bypassed

      That's a different clause.

      The DMCA also obligates service providers (e.g. PerlMonks) to take certain actions on receipt of a request to take down infringing content.

      It doesn't apply in this particular case, though.

      First off, I would not be needing a laywer. Secondly the powers that be don't frighten me in the slightest, for two reasons;

      1) If I was an ordinary member of the public, they would have a devil of a time locating me.


      2) I'm not an ordinary member of the public.

      Take that as you wish, the offer of settlement has been made, and your refusal to play ball has been noted.

        What you don't have is my middle name
        If I may quote from the aXML-shit that you are pitching all the time:
        So I think a good guess would be your middle name is James.

        How very intelligent to put on a show like yours and then sharing your full name in the code...

        they would have a devil of a time locating me

        You are currently hiding in Abu Dhabi.

        Everyone interested can use Google to find out what this guy did to other sites in the past what nice fellow he seems to be...

        Why can't you just be a good sport, and remove all the data entered by me, and I will go away. It will take you two seconds:

        DELETE FROM nodes WHERE username="Logicus"; DELETE FROM nodes WHERE username="simonodell";

        Job done... do that and I'm outta here and you have my word I will not be back to bother you.

        Continue to insist your going to keep all that data public, and we have a problem, and as long as we have a problem I'm going to continue making it your problem by irritating the hell out of your and your users. You've already declined my offer of dealing with this by a court decision, so your forcing us down this road not me.

Re: Is this the correct address?
by muba (Priest) on Jul 27, 2011 at 12:45 UTC

    ++ for continuous comic relief.

    no no, I'm intending to launch it as a rival to php and perl under an appropriate name and as a commercial product” — simonodell in the chatterbox

      I'm glad someone gets it ^^

        I'm glad someone gets it ^^

        Lets not pretend your resemblance to a clown is intentional

Re: Is this the correct address?
by koolgirl (Hermit) on Jul 27, 2011 at 18:40 UTC

    OK, if you don't remove all damaging content concerning my postings, I'm going to increase said content....oO

    The only threat is to your own trail of, again, are you alright there, Simon?

      Ya, I'm having a great time, you?
Re: Is this the correct address?
by Anonymous Monk on Jul 27, 2011 at 04:02 UTC
Re: Is this the correct address?
by Logicus on Jul 27, 2011 at 03:35 UTC

    At this time I am willing to offer you the chance to settle the matter fully by removing all data I have entered onto this site. In consideration I will refrain from posting further here.

    Failure to remove the data, or to provide confirmation of the validity of the above address or alternative where legal documents may be served will be taken as your wilful refusal to deal with the matter lawfully.

    If you force that to be the situation, then I will commence real TROLLING activity until you get thoroughly bored of dealing with the matter and the efforts I will put you to, until such a time as you finally acquiesce to my reasonable and lawful request for the removal of said data.

    Do you understand?

      It's impossible to legally use the DMCA to make a request to take down one's own content.

      If you own the Copyright on the content, there was no Copyright violation in posting it, so the DMCA doesn't apply.

      If you don't own the Copyright on the content, you don't have standing to invoke the DMCA to remove the content.

        Fine then a new precedent will have to be created, because what has gone on here is clearly way out of order and I have no doubt that any judge worth his salt will be able to see that.

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