?

Log in

No account? Create an account

?Where from here?




You have all no doubt noticed (and I imagine celebrated like it was Christmas) the fact that kumimonster did show back up on April 19. I am leaving this community up as a mile marker for what happened here. I also think that given Kumi's stance on censorship the community could be used as a place for general discussions about censorship as well as a place to raise any other cases of censorship by LJ Abuse Team. Sort of an action outpost against LJ Abuse Team Abuses


How does that sound? What do you all think?



Tags:

baaaccckkk


kumimonster is back up again
somewhere i posted in there about the suspension
and then more NWS things and other stuff too

i realized i had better use my kumi_monster account as back up for the communities i run and make myself a moderator.

thanks for the support n all that.
rawr!

Beware the 18th

The 18th has come and gone and still no kumimonster.

In the words of Marvin Gaye, "What's Going On?"
Sadly this issue will pass without getting LJ to address the appropriateness of their policy in regard to freedom of speech and public comments. OTOH soon kumi will be back rattling our brains and libidos in just 4 more days.

Edited







The petition has been edited; it now reads "DMCA as set out in 1998 and ratified in 2000, 2003 and 2006."
It had previously read " DMCRA as set out in 2005"
The change was made to strengthen the petition and was given the "OK" by Kumi.

Some legal background...

"[A] reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism. On the other hand, it is as clear, that if he thus cites the most important parts of the work, with a view, not to criticize, but to supersede the use of the original work, and substitute the review for it, such a use will be deemed in law a piracy…"

-- Joseph Story in Folsom v. Marsh, 9 F.Cas. 342 (1841).

For those who don't know how the system works, that's a citation from an appeals court decision on a copyright claim arising from someone publishing letters from George Washington. Back then (1841) appeals courts -- the "circuit courts" -- had Associate Justices of the United States Supreme Court "ride circuit" to the country. So that decision was made at an appelate court level (one below the Supreme Court), but it was made by a Supreme Court judge.

And, as Supreme Court judges go, Joseph Story was one of the best. He wrote the Amistad decision (if you don't know what that was, it's worth looking up).

Importantly, that same thinking applies today. It is the essence of the Fair Use defense that is enshrined in Copyright law, and it is the reason why Kumi's use of another's words was not a copyright violation.

Because a Kumimonster may fairly cite largely from the original work, if her design be really and truly to use the passages for the purposes of fair and reasonable criticism.

Malc.

Updating








One of the wonderful members has supplied me with a PDF of the "kumimonster" entry that began this unfortunate series of events. I will not name anyone, as I do not want the LJ po po to expel anybody over this if they have an issue with me providing an OFF LJ Hosted link to it. I have permission from the original poster to host these on my photobucket account. DO you see LJ Abuse Team? Kumi always follows reasonable rules and is respectful of heavy handed unfair rules as well.

http://s307.photobucket.com/albums/nn290/kumicorps/?special_track=nav_tab_album

That link will take you to 6 .jpg images which are screen captures. If anyone has screen captures of subsequent pages of "kumimonster" that show the interaction between her and LJ Abuse please send them my way. I have permission to post those too.

We have gathered nearly 200 signatures! Well done. BUT let us PUSH for more. LJ has made statements that petitions do not work. I imagine that to be true. Interestingly enough many of our community of us have at least one paid LJ. Perhaps seeing how many of their PAYING customers disagree with TOS policy and heavy handed knee jerk reactions by Abuse Team will at least give them reason to pause.

Thank you to all who have signed. Thank you to all who have posted and cross posted about kumicorps. PLEASE CONTINUE. We want a NICE healthy load of signatures before we approach LJ Management with our petition. Oh and add kumi_monster to you friends list.....I understand that she is bored with no friends to read on her temporary LJ!



more facts

LJ really is boring without my friends list to read
(while logged on with 'kumimonster' i have no access).

and one would think i'd be working more, but nooooo

A couple of factual matters...

As far as I know, Kumi's journal is "only" suspended for 14 days in order to create a window for someone to file legal proceedings.

While this is not required by the DMCA, a 14 day "cooling off" period is probably a perfectly reasonable course for someone like Livejournal to take, on the grounds that acting on court documents costs them money (and creates risk for them), and if suspending a journal for two weeks reduces the chances that courts will get involved, then it's probably a wise operational idea.

So we expect to have Kumi -- AND the offending entries -- back on line in just under two weeks (the 18th is the date mentioned).

This does not excuse the individual who served the DMCA notices, who has apparently thought the better of that action, too, and tried to withdraw his DMCA complaint, which isn't actually possible: he declared under penalty of perjury that what he said was true, and he can't now turn around and say "never mind" without invalidating that initial declaration!

Malc.

What The ?







What Has Transpired


Kumi posted in "kumimonster" about a party that she attended. Some Promoter of another party made comments in "kumimonster" then later deleted his comments.
Kumi replaced his comments to keep clarity and cohesion in her journal. Promoter filed a copyright infringement complaint against Kumi. Kumi corresponded with abuse team who informed her that she musty delete the ENTIRE entry in dispute OR have her LJ suspended. Kumi decided to stand up for her right to express herself in her own journal. Letters are exchanged. Kumi shows that she is in no way breaking any copyright laws as set out by the DMCA. LJ informs Kumi that she has to delete the ENTIRE entry in question or be turned off. Kumi follows proper procedures and files back. LJ informs her that they will terminate her journal until the original complainant either presses the matter in a court of law or does not. LJ washes hands. Promoter withdraws complaint. LJ shuts down "kumimonster" benson3 starts kumicorps in support of Kumi. You all join and sign. That is the Nutshell version. Kumi is trying to get me the original entries to have further clarification. Kumi if I got any of this wrong or out of order PLEASE feel free to edit it!


EDIT TO ADD:
kumi_monster wrote:

Apr. 7th, 2008 03:38 am (local)
actually, after talking to LJ, they told me that i only had to delete the offending posts because the words of the original post are my own.