AN INTERNET WITHOUT LAWYERS
Once again, the guy who takes Twister bashing to new levels has risen from the dead, this time hosted by those Commies at r33t.org.
I was forwarded this email exchange that quickly followed from r33tb0y Delusion:
Date: Mon, 26 Jul 1999 09:29:47 -0500
From: Fool <fool@gamehut.com>
To: blatz@dim.com
Subject: The AIWT Network
Hello,
This message is cornering the “An Internet without twister website” (http://aiwt.r33t.org). After consulting with a lawyer I am sending you one final e-mail saying please shut down your site and take all copyrighted material off of it. I understand you said that you were under the “fair use” clause but after consulting with a lawyer he pointed out that only apply’s to an excerpt of copyrighted material. Also your site complete plagiarism of copyrighted material as the daily updates which you plagiarize from drtwister networks are not properly cited. Also the banner on top of your page is slander and not to mention false advertising. Also your whole site is detracting from Gamehut Networks business by misrepresenting us. Please shut down this site or we will be forced to press charges. I have included a excerpt from http://whatiscopyright.org about the “fair use” policy. And the definition of slander and plagiarism for your use.
Thank You,
Mike Dowdell
Gamehut Networks
“Fair use is use of an excerpt of a copyrighted work “as is” and/or copyrighted image for purposes of parody, news reporting, research and education about such copyrighted work without the permission of the author. Use of copyrighted text and/or images for any other purpose is not deemed fair use.”
1. slan.der \’slan-d*r\ \-d(*-)r*s\ n [ME sclaundre, slaundre, fr. OF esclandre, fr. LL scandalu]m stumbling block, offense – more at SCANDAL 1: the utterance of false charges or misrepresentations which defame and damage another’s reputation 2: a false and defamatory oral statement about a person – slan.der.ous aj 2. slander \-d(*-)rin\ \-d*r-*r\ vt or slan.der.ing : to utter slander against : DEFAME – slan.der.er n
pla.gia.rize \’pla–j*-.ri-z also -je–*-\ vt : to steal and pass off as one’s own (the ideas or words of another) to present as one’s own an idea or product derived from an existing source – pla.gia.riz.er n
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They should have also defined lo.ser \’lu-s*r\ n
Then, this correction from GameSlut:
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Date: Mon, 26 Jul 1999 09:56:04 -0500
From: Fool <fool@gamehut.com>
To: blatz@dim.com
Subject: More about first e-mail about AIWT
It should be libel not slander, I accidently did slander instead of libel I have included the definition of libel for you.
Thanks,
Mike Dowdell
Gamehut Networks
1. li.bel \’li–b*l\ n [ME, written declaration, fr. MF, fr. L libellus, dim. of liber boo]k – more at LEAF archaic 1: a handbill esp. attacking ordefaming someone 2a: a written or oral defamatory statement or representation that conveys a n unjustly unfavorable impression 2b1: a statement or representation published without just cause and tending to expose another to public contempt 2b2: defamation of a person by written or representational means 2b3: the publication of blasphemous, treasonable, seditious, or obscene writings or pictures 2b4: the act, tort, or crime of publishing such a libel .2 libel \-b(*-)lin\ \-b(*-)l*r\ \-b*-l*st\ vb or li.beled or li.belled; or li.bel.ing; or li.bel.ling : to make libelous statements : to make or publish a libel against – li.bel.er n
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Some thoughts I had for blatz
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Date: Mon, 26 Jul 1999 08:33:33 -0700 (PDT)
From: Delusion <delusion@r33t.org>
To: blatz@dim.com
Subject: Re: The AIWT Network
Here’s some ammunition garnered from Section 107 of Title 17 of the US Code.
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself
bar a finding of fair use if such finding is made upon consideration of all the above factors.
GameSlut seems to ignore (3) altogether, accusing you of copying text content of TwisTard’s web page in its entirety, when in fact this is not the case – your text is commentary about his, not a copy of it.
(4) is instructive. In no way can GameSlut argue that AIWT reduces the value or “marketability” of GameSlut or Dr. TwisTard’s web pages. In fact, as TwisTard lives on controversey, quite the opposite view can be taken.
You know, I wonder what TwisTer would post if OSI sent him these kind of love notes. They certainly have more of a case for the effect of Twister’s work on the potential market value of UO…