Saturday, November 10, 2007

March 2006 on "Being Nice" - Iain's response to complaints against his stealing of photos

UPDATE

I havejust (sic) recieved (sic) an email From (sic) one, Jeremy Sear, from an email address at the Victorian Bar, belatedly claiming copyright for the photos which he acknowleges (sic) are of him that I have published here at "Being Nice". Now He does not give me Permission (sic) to reproduce his email but I think you will get the gist from this discription (sic). He claims copyright for the photo and quotes its URL and further claims that I do not have permission to use the thumbnail from Duncan's List demanding that I remove both imeadiately (sic).

Here is my reply to him(.)

Jeremy,
You can pretend not to be "Mr Lefty/Anonymous Lefty" but to make the claim for copyright, as you do requires that you acknowledge Authorship (sic) of the blogs in question and without such a public acknowledgement why should I believe that your claim has any merit what so ever?*

On what basis do you claim copy right (sic) to that photograph, which is in the public domain? And has been so since it was first published in your Melbourne lefty Blog without a claim for copyright? with reguard (sic) to the picture from Duncan’s list I would expect that my use of it would constitute fair use in its current context and what practical difference would it make if I just link to it ?
I would have thought that you would have a better understanding of the law regarding copy right (sic) than to make such a claim retrospectively.

You are sounding a bit like King Chanute here trying to order the tide to recede.

With regard to my publishing a photo of your cat in my blog I would think that it falls under the definition of fair use given the context of my post there to day and what judge is going to think that a claim for copyright infringement of a rather nondescript moggie is anything but vexatious.

I am sure that you have amended your website (Anonymous lefty ) as a result of contact from Andrew Bolt , as I say in my article and that lacking any grounds not to remove the offending words you have done the right thing . Now you seem to think that you can try your bully boy tactics on me to try to even the score (in your own mind at least) . Some how I expect that your reply to Andrew Bolt was somewhat more snivelling (sic) and less demanding than the one you have just sent me.

Any reply in any media, that you send me that does not clearly, and with out qualification, acknowledge your authorship of "Anonymous Lefty" and" Boltwatch "blogs (sic) shall constitute a clear agreement that I have permission to publish any and all correspondence from you as I see fit.
and even if you do acknowledge your authorship your reply shall constitute permission for me to publish your acknowledgement (sic) as I see fit**.

As always
Best wishes
Iain Hall

* Note, he has already acknowledged that Jeremy Sear is the publisher of these blogs, so he can't then deny that he is.
** Iain Hall was at the time running a campaign to "out" Mr Lefty as Jeremy Sear. Here he makes his motive clear.

Editor's note: So knowing that he is stealing someone else's intellectual property, Iain refuses to stop his theft, whipping a technicality, then calling Jeremy a bully! Hypocrisy!

- Deepthroat