An email to me Re: WikiSynergy

Ducky

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Jun 11, 2005
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On Sat, Jun 6, 2009 at 6:32 PM, Purple Scissor <email> wrote:

Hello Mr. (name),

We are producing an article on electronic voice phenomena, and would
like to ask for your help. I am the webmaster for WikiSynergy.com, a
site dedicated, among other things, to producing articles which fully
represent both sides of debates on fringe subjects. We have borrowed
some of the content of Skepticwiki, for instance your EVP article. I
have formatted the article as a criticism and response page here:

http://wikisynergy.com/~wikisyne/w/index.php?title=Controversy:_Electronic_Voice_Phenomena

I also found your quote in the Skeptic's Dictionary and I am using it.

Tom Butler, head of the AA-EVP, has agreed to respond to criticisms in
our article, and he will be posting shortly. Since we wish to present
both sides of the subject as thoroughly and with as much intellectual
force as possible, I hope you will come by and help us to make the
article the very best possible.

Also, if you know of any other skeptical expert in EVP besides
yourself, it would help greatly if you could tell us who to contact.
PuRple scissor

--
Purple Scissor for WikiSynergy.com


They've pretty much used my real name and more than fair use. I'm not sure what I will respond with.
 
So any thoughts?

I guess the question is: Are you comfortable with the way your article was obtained and also are you willing to let this person post your article. As to the fair use question..I think that would irritate me enough that I'd not give that person the right to use my article.
 
I don't know. People seem to think they can just take stuff off the internet. Kitten had stuff of hers that was posted on skepchick just appear elsewhere. They gave her credit but she was really shocked by it. Never even contacted her.
 
I have two questions:

1) Did you write the entire article on SkeptiWiki, or was it done by several authors?

2) This little blurb at the bottom of the page concerns me:

WikiSynergy said:
Content is available under our copyrights policy.


I followed the link to their copyrights policy and have no clue what they are and aren't trying to protect. Does this makes sense to someone who has better grasp of copyright issues?
 
I followed the link to their copyrights policy and have no clue what they are and aren't trying to protect. Does this makes sense to someone who has better grasp of copyright issues?

They are trying for a GFDL CC-BY-SA-NC mix which is interesting.

GFDL will mean they want to copy stuff from wikipedia and means that most of their material is avialible under the same terms as wikipedia.

Creative Commons Attribution-NonCommercial-ShareAlike is where they import stuff under that license and basicaly means the material can be used for anything except comercial use as long as you credit the author.
 
Interesting!
I looked around SkepticWiki, and couldn't find any copyright notices. I think printed works are automatically copyrighted, even if you don't provide a notice, and that extends to webpages. (I Am Not A Lawyer, etc.)

Wikipedia uses the GNU FDL, which pretty much allows you to copy anything, anywhere. I wonder if some people, used to the permissive nature of WP licenses, just assume that if it's on a wiki, it's free to use as they like.
Caveat scriptor!
 
Interesting!
I looked around SkepticWiki, and couldn't find any copyright notices. I think printed works are automatically copyrighted, even if you don't provide a notice, and that extends to webpages. (I Am Not A Lawyer, etc.)
Under the law in the USA, everything you write the moment you write it is protected by copyright. There's no publishing requirement. There's no requirement about posting a copyright notice. Unlike a trademark, you don't need to defend your copyright to maintain it. In fact, you need to take active steps to reqlinquish your rights. The only exception is "work-for-hire" which has to do with being hired to write, and that's just a matter of who owns the copyright - you or the entity writing the check.
 
They've pretty much used my real name and more than fair use. I'm not sure what I will respond with.

Well, the copyright notice at Skepdic is pretty clear. I'd tell them to take it off their site unless they want a lawsuit. Personally I wouldn't recommend actually starting a lawsuit over something so minor, but they need to have it made clear that they can't just steal someone else's work.

I think it's especially cheeky of them to email you saying they are asking for your help, when what they're actually doing is informing you that they've already taken your work.
 
So, anyone on the forum a lawyer in the US? I could use a consult.
 
So, anyone on the forum a lawyer in the US? I could use a consult.

Sorry, I'm having a little trouble understanding your position. You're not making any money off of the article, they're not making any money off of it. Why don't you just ask them to take it down, before you start making legal threats? It's probably a simple misunderstanding. I really doubt they would've e-mailed you if they knew what they were doing was illegal.
 
So, anyone on the forum a lawyer in the US? I could use a consult.


Send a PM to RSL and/or his better half. Loss Leader did some work for him regarding the cease and desist from Hay House, way back when, so they should have his IRL contact info. LL hasn't posted in a while, so I doubt that PMing him would work.
 
The "response" doesn't seem to have anything to do with the "according to skipticwiki" part.

Ducky, if you're not pleased to have your content there (and I wouldn't be if it were mine) I would send them a polite message letting them know that their reposting exceeds fair use, they should have asked beforehand, and they should take it down as soon as possible. Let them know that it is perfectly legal for them to link to your page where users can read your writing in context, but that reproducing large blocks of content out of context and without permission is a breach of copyright and a bit rude.
 
Sorry, I'm having a little trouble understanding your position. You're not making any money off of the article, they're not making any money off of it. Why don't you just ask them to take it down, before you start making legal threats? It's probably a simple misunderstanding. I really doubt they would've e-mailed you if they knew what they were doing was illegal.

The observation of a lack of copyright notice is what drives this. I don't give a crap what some odd nutjob posing as a "fair and balanced" website does, but I do need to find a way to craft a copyright notice that would actually hold weight.

I'm not even sure I care what this person does. I'm not to the point of addressing them, I'm still considering what needs to be in place to protect the wiki.
 
The observation of a lack of copyright notice is what drives this. I don't give a crap what some odd nutjob posing as a "fair and balanced" website does, but I do need to find a way to craft a copyright notice that would actually hold weight.

I'm not even sure I care what this person does. I'm not to the point of addressing them, I'm still considering what needs to be in place to protect the wiki.

Under US law copyright notices hold exactly as much weight as you are prepared to put behind them. If you really wanted to put some weight behind it you would have to register your copyright. The cheapest way to do this is at the end of the year you create the stuff burn everything you want to protect onto a single CD and send it to the copyright office with your 50$ fee. That will allow you to apply for statutory damages in a court case.

In practice if you want the stuff taken down just ask them and if that doesn't work send a DMCA notice.
 
Send them an invoice for your work. Make it reasonable say $100/hour and demand they also pay you 10c for every time it was viewed.

Then issue a DMCA takedown notice to the hosting company or ISP. I'd be livid if someone stole my work.
 
The observation of a lack of copyright notice is what drives this. I don't give a crap what some odd nutjob posing as a "fair and balanced" website does, but I do need to find a way to craft a copyright notice that would actually hold weight.

I'm not even sure I care what this person does. I'm not to the point of addressing them, I'm still considering what needs to be in place to protect the wiki.

I think most wikis use GNU FDL, or some kind of Creative Commons license.

I'm assuming that you're the webmaster for SkepticWiki, correct?
If you use standard copyright, doesn't that mean that any content I add to your wiki automatically becomes your property? What's my motivation to contribute, then?
 
I think most wikis use GNU FDL, or some kind of Creative Commons license.

I'm assuming that you're the webmaster for SkepticWiki, correct?
If you use standard copyright, doesn't that mean that any content I add to your wiki automatically becomes your property? What's my motivation to contribute, then?

Which is the reason I'd prefer to have a copyright in place that isn't all-or-nothing, and hence my need for a lawyer to help me word it. While I'd like to keep other sites from doing what these guys did, I don't want to own your work.
 
Which is the reason I'd prefer to have a copyright in place that isn't all-or-nothing, and hence my need for a lawyer to help me word it. While I'd like to keep other sites from doing what these guys did, I don't want to own your work.

Please check out the link to the CC licenses in my post.
Unfortunately, they all allow redistribution, so you couldn't stop websites from copying your wiki. However, if you used CC-Attribution Non-Commercial No Derivatives, that would deter other wikis from copying (because wikis create derivatives, almost by definition).

Copyright is already complicated enough, but when you add in the multiple authorships of a wiki...OY VEY. I suggest picking one of the CC licenses and saving yourself the grief.
 

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