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Goldi banned censored delete elpee

Title: NO WARNINGS FOR ILLEGAL ACTIVITY. You're gone: tpane banned at eLPee by sysadmin, Gatlin, Palmdale, community agitators
Source: eLPee
URL Source: http://www.libertypost.org/cgi-bin/ ... .cgi?ArtNum=349958&Disp=12#C12
Published: Jan 6, 2015
Author: sysadmin
Post Date: 2015-01-06 22:46:59 by Hondo68
Keywords: community agitators, palmdale, tater, gatlin
Views: 58023
Comments: 94

#6. To: sysadmin (#5) (Edited)

URL Source: [None]
Post Date: 2015-01-05 22:01:50 by tpaine

L.A. Times v. Free Republic

Source: The Washington Post.

I can see it now: The Washington Post v. Liberty Post courtesy of tpaine.

How much did the lawsuit cost Free Republic?

Sys Admin - I suggest you remove the article and include tpaine in your ping since he posted it. Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine KNOWS this. I suspect that is why he intentionally left the source blank.

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/01/05/uncivil- obedience/

Gatlin  posted on  2015-01-06   20:27:00 ET  Reply   Trace  


#7. To: sysadmin (#5)

FYI

www.freerepublic.com/focus/f-news/1111944/posts

Palmdale  posted on  2015-01-06   20:33:42 ET  Reply   Trace  


#8. To: Gatlin (#6)

Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine know this. I suspect that is why he intentionally left the source blank.

Not good.

Palmdale  posted on  2015-01-06   20:35:13 ET  Reply   Trace  


#9. To: Palmdale (#8)

Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine know this. I suspect that is why he intentionally left the source blank.

Not good.

Not good at all!!!

Gatlin  posted on  2015-01-06   20:38:20 ET  Reply   Trace  


#10. To: Gatlin, Palmdale, tpaine (#9)

Are you guys saying that tpaine deliberately posted copyrighted material and attempted to hide that it was coming from such a source? That is a serious charge.

Tpaine, I'm giving you the opportunity to explain whether or not this is the case. In the meantime I am going to redact the original article until the truth of this can be determined.


#12. To: tpaine (#11)

I'd say we should wait and see if the washpost sends us another infringement notice. -- I'd bet that since we no longer have an 'owner' (subject to finding Goldies will), that they simply won't bother, and so will no one else.

Yes, I now "own" the virtual server LP is running on as I am the one one paying the bill. Very soon LP will be running on my own server. I am the one who will be held responsible for any violations.

I'm very sorry, but I will not tolerate illegal actions of any kind here. NO WARNINGS FOR ILLEGAL ACTIVITY. You're gone.

Since the offending material has been removed I will leave this thread here as a warning. I'll leave it open for now but may lock it after hearing what the community has to say.

sysadmin  posted on  2015-01-06   20:53:31 ET  Reply   Trace  


Poster Comment:

Shot down by nanny state community organizers, tater and palmjob.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

Comments (1-14) not displayed.
      .
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      .

#15. To: redleghunter (#13)

Wonder if tpaine is coming over here.

But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name (John 1:12)

Redleg, you've got to admit that the juxtaposition of your comment and your tagline is kind of funny.

It's like: Tpaine - come on over to LF, and you'll become a son of God!

Now THAT'S Powah!

Vicomte13  posted on  2015-01-08   8:26:39 ET  Reply   Trace   Private Reply  


#16. To: Murron, A K A Stone (#9)

http://69.164.197.124/cgi-bin/readart.cgi?ArtNum=349958&Disp=63#C63

I don't see a problem with the information in the link. The RVC Blog article was not information and/or directions from Righthaven about how to avoid unintentional online copyright infringement and the lawsuits that it can cause.

Righthaven was merely used as an example to show the need for preventative measures. Yes they lost their case. I read all about that while it was happening.

Gatlin posted on 2015-01-07 21:25:00 ET

Righthaven did not "lose its case." The bomb that exploded in the DU case tainted all previous cases by Righthaven, and doomed all pending cases, with Righthaven being liable for legal fees and expenses in all of them. There were hundreds of cases that burned and crashed. The liabilities quickly extinguished the Righthaven shell.

http://www.rendervisionsconsulting.com/blog/how-to-avoid-unintentional-online-copyright-infringement-and-the-lawsuits-it-can-cause/

This article discusses the basics and suggests ways to avoid being a victim of a Righthaven campaign.

The best way to overcome fear of being a victim of "a Righthaven campaign" is to know that DU, with help from the Electronic Frontier Foundation (EFF) squashed Righthaven, exposed them for what they were, and sent them and their business model into retirement. At this time, fearing a Righthaven campaign is like fearing a rampaging herd of unicorns.

Update: [...] Among other issues, their case was flawed in that they apparently did not have full ownership of the copyrighted material in question.

Righthaven decidedly lacked ownership and, thereby, any standing to sue on behalf of Righthaven. Not only did they not have ownership in the Hoehn and DiBiase cases, the DU case blew up in their face when DU obtained proof that Righthaven deliberately misled the Court, and specifically the same judge in both cases, about the nature of its business agreement and its falsely alleged ownership of copyright. Righthaven had no standing to bring any of their cases and one after another the pending cases blew up in awards of legal fees.

While Righthaven appears to have made some strategic blunders (see VegasInc.com article regarding “lack of legal standing”), they set a precedent with their business model. Given the lawsuit oriented society we live in, if Righthaven fails, others will likely come along and try to perfect the process.

They set a precedent with their business model... that's one way to put it. It does not appear anyone has tried to "perfect" the Righthaven model.

https://www.eff.org/effector/24/21

Victory! Court Declares Righthaven Copyright Troll Lawsuit a Sham

In a decision with likely wide-ranging impact, a judge in Las Vegas dismissed as a sham an infringement case filed by copyright troll Righthaven LLC. The judge ruled that Righthaven did not have the legal authorization to bring a copyright lawsuit against EFF's client, the political forum Democratic Underground, because it had never owned the copyright in the first place. Regarding the victory, EFF Senior Staff Attorney Kurt Opsahl said: "Righthaven's copyright litigation business model is fatally flawed, and we expect the decision to have wide effect on the over 270 other cases Righthaven has brought."

http://randazza.files.wordpress.com/2013/05/righthaven-v-hoehn.pdf

In Righthaven v. Hoehn No. 11-16751 and Righthaven v. DiBiase No. 11-16776, the U.S. Court of Appeals for the Ninth Circuit issued an opinion excoriating Righthaven. The Court explained the sham that was Righthaven thusly: (footnotes omitted)

OPINION

CLIFTON, Circuit Judge:

Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so. Before us is a case about a lawyer who tried to establish that a company owned a copyright by drafting a contract calling the company the copyright owner, even though the company lacked the rights associated with copyright ownership. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.

[...]

The SAA provided that Stephens Media automatically received an exclusive license in any copyrighted work it assigned to Righthaven, so that Stephens Media retained “the unfettered and exclusive ability” to exploit the copyrights. Righthaven, on the other hand, had “no right or license” to exploit the work or participate in any royalties associated with the exploitation of the work. The contracts left Righthaven without any ability to reproduce the works, distribute them, or exploit any other exclusive right under the Copyright Act. See 17 U.S.C. § 106. Without any of those rights, Righthaven was left only with the bare right to sue, which is insufficient for standing under the Copyright Act and Silvers.

[...]

Righthaven also argues that the district court failed to construe the contract in accordance with the “parties’ intent to convey all rights necessary . . . for Righthaven to have standing.” Under Nevada law, which the SAA provided should govern its interpretation, courts should effectuate the intent of the parties when construing ambiguous contracts. Sheehan & Sheehan v. Nelson Malley & Co., 117 P.3d 219, 223–24 (Nev. 2005). But the contract was not ambiguous. The SAA clearly delineated the respective rights of Righthaven and Stephens Media in any assigned works. Moreover, the contract evinced not just an intent that Righthaven receive whatever rights were necessary for it to sue, but also an intent that Stephens Media retained complete control over all exclusive rights. The problem is not that the district court did not read the contract in accordance with the parties’ intent; the problem is that what the parties intended was invalid under the Copyright Act.

[...]

Under either the original or amended SAA, Righthaven was not the owner of any exclusive rights under the Copyright Act. It therefore lacked standing to sue for infringement. The motions to dismiss in both Hoehn and DiBiase were properly granted.

For those who have trouble understanding Righthaven, TechDirt poster Arsik Vek summed it up in the following humorous reader comment and received recognition for most insightful comment of the week—and second funniest comment of the week. Marc Randazza represented Wayne Hoehn in litigation with Righthaven. Stephens Media owned the copyrights.

Righthaven was an empty shell. Stephens Media owned the copyrights. Righthaven could have filed its shotgun litigation on behalf of Stephens, but then the assets of Stephens would be at risk if the whole thing went south.

https://www.techdirt.com/articles/20130316/02363422348/righthaven-copyrights-sold-back-to-stephens-media-80k-to-pay-legal-fees.shtml

Arsik Vek, Mar 18th, 2013 @ 6:55am

So, to make sure I'm getting this right....

1) Stephens Media decides to get them some of that awesome copyright trolling money.

2) Stephens Media spawns Righthaven.

3) Stephens Media takes their box o' copyright, dumps out all the contents, then sells Righthaven the empty cardboard box.

4) Righthaven brandishes the empty cardboard box in a threatening fashion demanding money.

5) Court says that's fscking retarded, demands Righthaven pay back legal fees.

6) Righthaven puts the empty box over their head and pretends they can't hear.

7) Court takes Righthaven away and starts auctioning it off. Realizes it has no assets except an empty cardboard box.

8) Randazza takes the empty cardboard box and sells it back to Stephens Media for $80k.

In the end, Stephens Media donates eighty thousand dollars and it's reputation to Randazza for no appreciable gain. Well done.

https://www.techdirt.com/articles/20130323/15595622430/funniestmost-insightful-comments-week-techdirt.shtml

Funniest/Most Insightful Comments Of The Week At Techdirt from the victories,-both-repeat-and-pyrrhic dept

This week, it turned out that the Righthaven saga was not quite over. The denouement led Arsik Vek to win most insightful comment of the week—and second funniest comment of the week—by summing up the story:

[...]

Number 8 is the best joke.

8) Randazza takes the empty cardboard box and sells it back to Stephens Media for $80k.

Righthaven lacked standing because the court found Stephens still owned the copyrights. Randazza offered the Righthaven empty shell to Stephens Media and Stephens paid the $80k for the copyrights it already owned. Well, that and avoiding further litigation about the mess and the misrepresented deal between Stephens Media and Righthaven.

nolu chan  posted on  2015-01-08   9:25:18 ET  Reply   Trace   Private Reply  


#17. To: Murron, A K A Stone (#9)

DMCA SAFE HARBOR PROVISIONS - Codified in Statute

DMCA = Digital Millenium Copyright Act

http://law.justia.com/codes/us/2012/title-17/chapter-5/section-512/

http://statecodesfiles.justia.com/us/2012/title-17/chapter-5/section-512/section-512.pdf

2012 US Code

Title 17 - Copyrights

Chapter 5 - COPYRIGHT INFRINGEMENT AND REMEDIES (§§ 501 - 513)

Section 512 - Limitations on liability relating to material online

COPYRIGHT INFRINGEMENT AND REMEDIES - 17 U.S.C. § 512 (2012)

§512. Limitations on liability relating to material online

(a) Transitory Digital Network Communications.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider's transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if—

(1) the transmission of the material was initiated by or at the direction of a person other than the service provider;

(2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider;

(3) the service provider does not select the recipients of the material except as an automatic response to the request of another person;

(4) no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and

(5) the material is transmitted through the system or network without modification of its content.

(b) System Caching.—

(1) Limitation on liability.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which—

(A) the material is made available online by a person other than the service provider;

(B) the material is transmitted from the person described in subparagraph (A) through the system or network to a person other than the person described in subparagraph (A) at the direction of that other person; and

(C) the storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A),

if the conditions set forth in paragraph (2) are met.

(2) Conditions.—The conditions referred to in paragraph (1) are that—

(A) the material described in paragraph (1) is transmitted to the subsequent users described in paragraph (1)(C) without modification to its content from the manner in which the material was transmitted from the person described in paragraph (1)(A);

(B) the service provider described in paragraph (1) complies with rules concerning the refreshing, reloading, or other updating of the material when specified by the person making the material available online in accordance with a generally accepted industry standard data communications protocol for the system or network through which that person makes the material available, except that this subparagraph applies only if those rules are not used by the person described in paragraph (1)(A) to prevent or unreasonably impair the intermediate storage to which this subsection applies;

(C) the service provider does not interfere with the ability of technology associated with the material to return to the person described in paragraph (1)(A) the information that would have been available to that person if the material had been obtained by the subsequent users described in paragraph (1)(C) directly from that person, except that this subparagraph applies only if that technology—

(i) does not significantly interfere with the performance of the provider's system or network or with the intermediate storage of the material;

(ii) is consistent with generally accepted industry standard communications protocols; and

(iii) does not extract information from the provider's system or network other than the information that would have been available to the person described in paragraph (1)(A) if the subsequent users had gained access to the material directly from that person;

(D) if the person described in paragraph (1)(A) has in effect a condition that a person must meet prior to having access to the material, such as a condition based on payment of a fee or provision of a password or other information, the service provider permits access to the stored material in significant part only to users of its system or network that have met those conditions and only in accordance with those conditions; and

(E) if the person described in paragraph (1)(A) makes that material available online without the authorization of the copyright owner of the material, the service provider responds expeditiously to remove, or disable access to, the material that is claimed to be infringing upon notification of claimed infringement as described in subsection (c)(3), except that this subparagraph applies only if—

(i) the material has previously been removed from the originating site or access to it has been disabled, or a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled; and

(ii) the party giving the notification includes in the notification a statement confirming that the material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled.

(c) Information Residing on Systems or Networks At Direction of Users.—

(1) In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—

(A)(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

(2) Designated agent.—The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:

(A) the name, address, phone number, and electronic mail address of the agent.

(B) other contact information which the Register of Copyrights may deem appropriate.

The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, and may require payment of a fee by service providers to cover the costs of maintaining the directory.

(3) Elements of notification.—

(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(B)(i) Subject to clause (ii), a notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions of subparagraph (A) shall not be considered under paragraph (1)(A) in determining whether a service provider has actual knowledge or is aware of facts or circumstances from which infringing activity is apparent.

(ii) In a case in which the notification that is provided to the service provider's designated agent fails to comply substantially with all the provisions of subparagraph (A) but substantially complies with clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this subparagraph applies only if the service provider promptly attempts to contact the person making the notification or takes other reasonable steps to assist in the receipt of notification that substantially complies with all the provisions of subparagraph (A).

(d) Information Location Tools.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider—

(1)(A) does not have actual knowledge that the material or activity is infringing;

(B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

(e) Limitation on Liability of Nonprofit Educational Institutions.—(1) When a public or other nonprofit institution of higher education is a service provider, and when a faculty member or graduate student who is an employee of such institution is performing a teaching or research function, for the purposes of subsections (a) and (b) such faculty member or graduate student shall be considered to be a person other than the institution, and for the purposes of subsections (c) and (d) such faculty member's or graduate student's knowledge or awareness of his or her infringing activities shall not be attributed to the institution, if—

(A) such faculty member's or graduate student's infringing activities do not involve the provision of online access to instructional materials that are or were required or recommended, within the preceding 3-year period, for a course taught at the institution by such faculty member or graduate student;

(B) the institution has not, within the preceding 3-year period, received more than two notifications described in subsection (c)(3) of claimed infringement by such faculty member or graduate student, and such notifications of claimed infringement were not actionable under subsection (f); and

(C) the institution provides to all users of its system or network informational materials that accurately describe, and promote compliance with, the laws of the United States relating to copyright.

(2) For the purposes of this subsection, the limitations on injunctive relief contained in subsections (j)(2) and (j)(3), but not those in (j)(1), shall apply.

(f) Misrepresentations.—Any person who knowingly materially misrepresents under this section—

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

(g) Replacement of Removed or Disabled Material and Limitation on Other Liability.—

(1) No liability for taking down generally.—Subject to paragraph (2), a service provider shall not be liable to any person for any claim based on the service provider's good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

(2) Exception.—Paragraph (1) shall not apply with respect to material residing at the direction of a subscriber of the service provider on a system or network controlled or operated by or for the service provider that is removed, or to which access is disabled by the service provider, pursuant to a notice provided under subsection (c)(1)(C), unless the service provider—

(A) takes reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material;

(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and

(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.

(3) Contents of counter notification.—To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following:

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

(4) Limitation on other liability.—A service provider's compliance with paragraph (2) shall not subject the service provider to liability for copyright infringement with respect to the material identified in the notice provided under subsection (c)(1)(C).

(h) Subpoena To Identify Infringer.—

(1) Request.—A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.

(2) Contents of request.—The request may be made by filing with the clerk—

(A) a copy of a notification described in subsection (c)(3)(A);

(B) a proposed subpoena; and

(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.

(3) Contents of subpoena.—The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.

(4) Basis for granting subpoena.—If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.

(5) Actions of service provider receiving subpoena.—Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in subsection (c)(3)(A), the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification.

(6) Rules applicable to subpoena.—Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum.

(i) Conditions for Eligibility.—

(1) Accommodation of technology.—The limitations on liability established by this section shall apply to a service provider only if the service provider—

(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers; and

(B) accommodates and does not interfere with standard technical measures.

(2) Definition.—As used in this subsection, the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and—

(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;

(B) are available to any person on reasonable and nondiscriminatory terms; and

(C) do not impose substantial costs on service providers or substantial burdens on their systems or networks.

(j) Injunctions.—The following rules shall apply in the case of any application for an injunction under section 502 against a service provider that is not subject to monetary remedies under this section:

(1) Scope of relief.—(A) With respect to conduct other than that which qualifies for the limitation on remedies set forth in subsection (a), the court may grant injunctive relief with respect to a service provider only in one or more of the following forms:

(i) An order restraining the service provider from providing access to infringing material or activity residing at a particular online site on the provider's system or network.

(ii) An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is engaging in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.

(iii) Such other injunctive relief as the court may consider necessary to prevent or restrain infringement of copyrighted material specified in the order of the court at a particular online location, if such relief is the least burdensome to the service provider among the forms of relief comparably effective for that purpose.

(B) If the service provider qualifies for the limitation on remedies described in subsection (a), the court may only grant injunctive relief in one or both of the following forms:

(i) An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is using the provider's service to engage in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.

(ii) An order restraining the service provider from providing access, by taking reasonable steps specified in the order to block access, to a specific, identified, online location outside the United States.

(2) Considerations.—The court, in considering the relevant criteria for injunctive relief under applicable law, shall consider—

(A) whether such an injunction, either alone or in combination with other such injunctions issued against the same service provider under this subsection, would significantly burden either the provider or the operation of the provider's system or network;

(B) the magnitude of the harm likely to be suffered by the copyright owner in the digital network environment if steps are not taken to prevent or restrain the infringement;

(C) whether implementation of such an injunction would be technically feasible and effective, and would not interfere with access to noninfringing material at other online locations; and

(D) whether other less burdensome and comparably effective means of preventing or restraining access to the infringing material are available.

(3) Notice and ex parte orders.—Injunctive relief under this subsection shall be available only after notice to the service provider and an opportunity for the service provider to appear are provided, except for orders ensuring the preservation of evidence or other orders having no material adverse effect on the operation of the service provider's communications network.

(k) Definitions.—

(1) Service provider.—(A) As used in subsection (a), the term “service provider” means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received.

(B) As used in this section, other than subsection (a), the term “service provider” means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A).

(2) Monetary relief.—As used in this section, the term “monetary relief” means damages, costs, attorneys’ fees, and any other form of monetary payment.

(l) Other Defenses Not Affected.—The failure of a service provider's conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider's conduct is not infringing under this title or any other defense.

(m) Protection of Privacy.—Nothing in this section shall be construed to condition the applicability of subsections (a) through (d) on—

(1) a service provider monitoring its service or affirmatively seeking facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with the provisions of subsection (i); or

(2) a service provider gaining access to, removing, or disabling access to material in cases in which such conduct is prohibited by law.

(n) Construction.—Subsections (a), (b), (c), and (d) describe separate and distinct functions for purposes of applying this section. Whether a service provider qualifies for the limitation on liability in any one of those subsections shall be based solely on the criteria in that subsection, and shall not affect a determination of whether that service provider qualifies for the limitations on liability under any other such subsection.

(Added Pub. L. 105–304, title II, §202(a), Oct. 28, 1998, 112 Stat. 2877; amended Pub. L. 106–44, §1(d), Aug. 5, 1999, 113 Stat. 222; Pub. L. 111–295, §3(a), Dec. 9, 2010, 124 Stat. 3180.) References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (h)(6), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Codification

Another section 512 was renumbered section 513 of this title. Amendments

2010—Subsec. (c)(2). Pub. L. 111–295 struck out “, in both electronic and hard copy formats” after “Internet” in concluding provisions.

1999—Subsec. (e). Pub. L. 106–44, §1(d)(1)(A), substituted “Limitation on Liability of Nonprofit Educational Institutions” for “Limitation on liability of nonprofit educational institutions” in heading.

Subsec. (e)(2). Pub. L. 106–44, §1(d)(1)(B), struck out par. heading “Injunctions”.

Subsec. (j)(3). Pub. L. 106–44, §1(d)(2), substituted “Notice and ex parte orders” for “Notice and Ex Parte Orders” in heading. Effective Date

Pub. L. 105–304, title II, §203, Oct. 28, 1998, 112 Stat. 2886, provided that: “This title [enacting this section and provisions set out as a note under section 101 of this title] and the amendments made by this title shall take effect on the date of the enactment of this Act [Oct. 28, 1998].”

nolu chan  posted on  2015-01-08   9:27:02 ET  Reply   Trace   Private Reply  


#18. To: Fred Mertz (#4)

" Get a load of this boat load of crap. "

Yeah, a real wad.

They should change the name of the place to "Romper Room".

They way it is going, they will eventually implode.

Stoner  posted on  2015-01-08   14:00:06 ET  Reply   Trace   Private Reply  


#19. To: Stoner (#18)

Stupid Old Drunk/SOD returned with a vengeance.

Palmhair has become emboldened.

Tater/Gatlin plays the Eddie Haskell role pretty well.

It is interesting to watch.

Fred Mertz  posted on  2015-01-08   14:29:13 ET  Reply   Trace   Private Reply  


#20. To: Vicomte13 (#15)

It's like: Tpaine - come on over to LF, and you'll become a son of God!

Now THAT'S Powah!

LOL only you Vic would come up with that:)

But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name (John 1:12)

redleghunter  posted on  2015-01-08   16:37:52 ET  Reply   Trace   Private Reply  


#21. To: Fred Mertz, CZ82, Liberator (#19)

Willie Green is back too. Once a favorite (/sarc) for many! Although it is just an alternate screen name is my estimate.

But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name (John 1:12)

redleghunter  posted on  2015-01-08   16:39:56 ET  Reply   Trace   Private Reply  


#22. To: hondo68 (#10)

No, the new "owner", squatter, mossad operative, whatever.... sysadmin. He's got that same ahole aura as Magician.

http://69.164.197.124/cgi-bin/readart.cgi?ArtNum=349939&Disp=103#C103

The bloviating gasbag also known a tpaine was removed from the site for knowing violating posting rules and putting any and all owners of this site in legal and fiscal peril.

Gatlin posted on 2015-01-08 10:00:16 ET

Who the heck is/are "any and all owners" of LP?

http://who.is/domain-history/libertypost.org

The registration information shows eNom, Inc (R39-LROR), and "Raw Registrar Data December 28, 2014" indicates registrar info in Panama, with the name of the contact information listed as "WhoisGuard Protected."

The "Old Registrar Info" shows shows Tucows Inc. (R11-LROR), and "Old Raw Registrar Data February 17, 2010" with a location of 12 Carroll St., Suite 6022, Westminster, MD 32256 with the administrative contact information listed as Goldi Lox at the same address. The technical contact information lists Goldi Lox at the same address except the zip code is listed as 21157.

32256 is Jacksonville, FL. 21157 is Westminster, MD.

The legal owner of the site would appear to be the estate of Goldi-Lox. The site registration was changed post-mortem. If the domain ownership was released for non-payment, it could have been purchased by a new owner of the domain name. If someone just paid the bill, then the domain name remains with the estate of Goldi. Any equipment owned by Goldi, such as a server, would be part of her estate. I recall LP having a fund raiser to buy a new server some time back.

Assuming Goldi was truly intestate (no will), if the State does not find a living relative, estate property goes to the State of Florida. Unless someone at LP is a living relative, they are not going to inherit any property such as a server.

Things such as insurance policies designated to some person or organization go as designated.

nolu chan  posted on  2015-01-08   18:05:04 ET  Reply   Trace   Private Reply  


#23. To: nolu chan, Jeb Bush Liberty Post (#22)

estate property goes to the State of Florida

Maybe Jeb Bush will buy it at a gov auction.

Sysadmin was talking about moving it onto his existing server, to further reduce costs.


The D&R terrorists hate us because we're free, to vote second party


"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2015-01-08   19:40:31 ET  Reply   Trace   Private Reply  


#24. To: hondo68 (#23)

Maybe Jeb Bush will buy it at a gov auction.

Jeb Bush -- mebbe he can buy the GOPe nomination. I can see the primary campaign issue now -- would you rather have another George W. Bush term or another Bill Clinton term?

nolu chan  posted on  2015-01-08   23:35:39 ET  Reply   Trace   Private Reply  


#25. To: nolu chan (#24)

I would rather have another Clinton term.

That's an easy one.

Under Clinton, the economy soared and we had a budget surplus.

Under Bush, the economy fell apart and our budget fell into massive deficits again, thanks to excessive tax cuts for the rich.

If the country is given the straight up choice between Clinton or Bush, they will choose Clinton, hands down.

I won't vote for Hillary, because Democrats are baby murderers. But then, so are Republicans. So, both are too evil to assent to.

Given the choice between two sets of murderers, it's easy to see who to prefer: the Clintonites led the country to private prosperity AND fiscal surplus. The Bushes - both of them - favored private prosperity of rich crony capitalists to the exclusion of everybody and everything else, and left the economy in shambles.

That's what Republicans do. The short-term burst of profiteering benefits the crony capitalists, but it's paid for by running up the nation's credit card.

Bill Clinton was FAR more responsible at handling the economy, and more successful at it than any President in our lifetimes.

Therefore, if it were a choice between BILL Clinton and ANY Bush, you'd want Bill Clinton back in office.

Of course, it's not Bill we'll be seeing. It's Hillary. Still, you're very likely to see Team Clinton reconstituted, and they were very good at economic matters.

So, if that's the choice: a Clinton and team Clinton, or a Bush and team Bush, it's easy: Clintons again, hands down.

But I'm not voting for babykillers either way.

Vicomte13  posted on  2015-01-09   6:16:23 ET  Reply   Trace   Private Reply  


#26. To: Vicomte13 (#25)

I would rather have another Clinton term.

That's an easy one.

Under Clinton, the economy soared and we had a budget surplus.

Under Bush, the economy fell apart and our budget fell into massive deficits again, thanks to excessive tax cuts for the rich.

You can't be serious. You will pick a murdering pro abort, who inherited the good of the Reagan economy.

Bush got stuck with what Clinton did.

Tax cuts for the rich? Everyone got tax cuts. Everyone pays to much taxes. If there are tax cuts of say 5 percent across the board. Of course the rich are going to get more of a tax rebate.

Half the people pay no federal taxes.

Where is the Biblical standard that says soak the rich. I thought the word of God said you keep the fruits of your labor.

A K A Stone  posted on  2015-01-09   11:52:14 ET  Reply   Trace   Private Reply  


#27. To: Vicomte13 (#25)

I won't vote for Hillary,

Ok I see that point now.

A K A Stone  posted on  2015-01-09   11:52:39 ET  Reply   Trace   Private Reply  


#28. To: Vicomte13 (#25)

Bill Clinton was FAR more responsible at handling the economy, and more successful at it than any President in our lifetimes.

Actually the Gingrich congress did that. Gingrich had balls. Boehner doesn't.

A K A Stone  posted on  2015-01-09   11:53:57 ET  Reply   Trace   Private Reply  


#29. To: A K A Stone (#28)

Actually the Gingrich congress did that. Gingrich had balls. Boehner doesn't.

Apparently, amongst other things, Clinton was busying himself raping child slaves at a secret compound.

Hillary & Bill Clinton = Scum of the earth.

Nexus6  posted on  2015-01-09   12:13:44 ET  Reply   Trace   Private Reply  


#30. To: nolu chan, A K A Stone (#22)

LP is running on a rented server, so there is no physical material associated with the Liberty Post web site.

In my view, given the time SysAdmin has been working with Goldi, he is the next logical successor to taking over LP.

In spite of that view, SysAdmin has made it clear on LP that it's possible the domain name could be legally claimed by some party who claims a right to Goldi's estate. But unless and until that happens, SysAdmin has defacto and IMO, moral right to run the site.

BTW, Goldi did not pay for the domain's initial domain name registration, so if a legal issue were to be made on those grounds....

Finally, SysAdmin is a very good guy. That he has unwillingly found himself having to make decisions that would inevitably result in him being called profanities by some objectionable party doesn't change the fact that he's a good guy.

Pinguinite  posted on  2015-01-09   12:53:46 ET  Reply   Trace   Private Reply  


#31. To: Pinguinite (#30)

Finally, SysAdmin is a very good guy.

I guess I only have part of the story. None of my business anyway. I should just not say anything about it.

A K A Stone  posted on  2015-01-09   14:30:29 ET  Reply   Trace   Private Reply  


#32. To: A K A Stone (#26)

You can't be serious. You will pick a murdering pro abort,

I will pick neither, but I am serious.

The Republican Party has controlled the Supreme Court continuously since 1969. It was a Republican Supreme Court that gave us Roe v. Wade, and Republican Supreme Courts continuously ever since that have done nothing but strengthen Roe.

Republicans are murdering pro-aborts too. The GOP gave us Roe, not the Democrats. And the GOP reinforced Roe with Casey. Not the Democrats. It was Republicans - Reagan in fact - who put O'Connor and Kennedy on the court, and Bush who put Souter up there. W Bush tried to foist off Harriet Miers on the country. The Republican Party is pro-abortion, even if people who call themselves Republicans think it is pro-life.

Clinton did not "inherit the good of the Reagan economy". The stock market collapsed in 1987 and we fell into a recession. H.W. Bush said he wasn't going to raise taxes, then he did. When Clinton took over, the US economy was not in great shape.

No Bush ever came close to balancing the federal budget.

After 8 years of Clinton, we had a budget surplus.

Clinton put into place a tax regime that found the sweet spot: not too low and not too high, and the economy did great under his Presidency.

You credit Gingrich? Well, Reagan had speaker Tip O'Neill passing laws, so, shall we credit Tip O'Neill and the Democrats with whatever good Reagan did?

The buck stops at the President's desk. The President gets the credit, and the President gets the blame. Being President is about exercising leadership. Reagan and Clinton could lead, and WHERE they led was mostly good. Not perfect. Men are not perfect. Both Reagan and Clinton left the country stronger and better off than they found it.

H.W. Bush did not. W. Bush did not. Obama is going to, though not as well off as we ought to be.

Half of people pay no federal taxes?

Untrue. Everybody who has a paycheck pays the flat Medicare and Social Security tax rate on every dollar of his wages starting with the first.

Everybody who buys gas or uses a telephone pays federal taxes. Everybody who buys alcohol or tobacco pays federal taxes.

The only people who pay no federal taxes are children.

A significant number of people don't pay income taxes, but that is not the same thing as paying no taxes. The poorest worker pays a lot in taxes.

Vicomte13  posted on  2015-01-09   15:02:02 ET  Reply   Trace   Private Reply  


#33. To: Murron, *Yukon neo-Progressive Vermin* (#1)

When you switch from here back over there again, please say hi to Murron.

Gatlin posted on 2015-01-09

libertypost.org/cgi-bin/r...ArtNum=350025&Disp=51#C51

Your fanboi is clamoring for attention. /s


The D&R terrorists hate us because we're free, to vote second party


"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2015-01-09   16:33:52 ET  Reply   Trace   Private Reply  


#34. To: hondo68 (#33)

Your fanboi is clamoring for attention. /s

What's new?

“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”

CZ82  posted on  2015-01-09   17:32:42 ET  Reply   Trace   Private Reply  


#35. To: hondo68 (#33) (Edited)

Your fanboi is clamoring for attention. /s

YEP! He's found his calling, and a fool who lets him get away with it. He's free now to hijack any thread, trash it, trash and disrespect members with impunity, while at the same time, accuse them of what he is doing. The height of hypocracy....the prick provokes responses he doesn't like, then hides behind the bozo, or so he says, but I'll wager the worm peeks....LOL!

http://libertypost.net/cgi-bin/readart.cgi? ArtNum=350025&Disp=Refresh&#Bottom

#6. To: SOD, Infowarrior, sysadmin (#1) Gatlin posted on 2015-01-09 11:03:51 ET

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#7. To: Infowarrior, SOD, Palmdale (#2) Gatlin posted on 2015-01-09 11:07:46 ET

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#11. To: Infowarrior (#5) Gatlin posted on 2015-01-09 11:14:21 ET

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#13. To: Infowarrior (#10) Gatlin posted on 2015-01-09 11:16:32 ET

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#14. To: Infowarrior (#8) Gatlin posted on 2015-01-09 11:19:54 ET

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#17. To: Infowarrior (#15)

Infowarrior:"Explain what happened to make you think you are anyone I have to answer to".

GATLIN:

Gatlin posted on 2015-01-09 11:25:50 ET

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#20. To: Infowarrior (#8) Gatlin posted on 2015-01-09 11:36:26 ET

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#22. To: Infowarrior (#19) Gatlin posted on 2015-01-09 11:38:55 ET

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#38. To: Palmdale, Booshbot666, sysadmin (#35) Gatlin posted on 2015-01-09 13:40:07 ET Reply

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#40. To: sysadmin, Booshbot666, Palmdale (#33) Gatlin posted on 2015-01-09 13:45:38 ET

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#44. To: sysadmin, TooConservative, Booshbot666 (#40) Gatlin posted on 2015-01- 09 15:13:07 ET

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#46. To: Booshbot666, sysadmin (#42) (Edited) Gatlin posted on 2015-01-09 15:35:18 ET

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#47. To: sysadmin, infowarrior (#31) Gatlin posted on 2015-01-09 15:45:58 ET

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#51. To: Booshbot666, sysadmin (#23) Gatlin posted on 2015-01-09 16:20:33 ET

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#52. To: Booshbot666, sysadmin (#49) Gatlin posted on 2015-01-09 16:29:03 E

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#54. To: Palmdale, sysadmin, Booshbot666 (#50) Gatlin posted on 2015-01-09

Saga of the Gatlin, to be continued....

("Throw me to the wolves...and I will return leading the pack")

Murron  posted on  2015-01-09   17:44:00 ET  (2 images) Reply   Trace   Private Reply  


#36. To: Murron (#35)

Oh by the way congratulations for being bozo'd by him!

“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”

CZ82  posted on  2015-01-09   17:49:59 ET  Reply   Trace   Private Reply  


#37. To: CZ82 (#36)

Oh by the way congratulations for being bozo'd by him!

Yeah, what's he think? I'll cry and lose sleep over it? LOL!

("Throw me to the wolves...and I will return leading the pack")

Murron  posted on  2015-01-09   18:36:30 ET  Reply   Trace   Private Reply  


#38. To: Murron (#35)

The height of hypocracy....the prick provokes responses he doesn't like, then hides behind the bozo, or so he says, but I'll wager the worm peeks....LOL!

You know damn well he peeks, he has to or otherwise he wouldn't know if he was hitting the urinal or filling his shoes! :)

“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”

CZ82  posted on  2015-01-09   19:13:28 ET  Reply   Trace   Private Reply  


#39. To: CZ82 (#38)

You know damn well he peeks, he has to or otherwise he wouldn't know if he was hitting the urinal or filling his shoes! :)

omg...my coffee went down the wrong way and out my nose ahahaha

("Throw me to the wolves...and I will return leading the pack")

Murron  posted on  2015-01-09   19:18:06 ET  Reply   Trace   Private Reply  


#40. To: Vicomte13 (#32)

The stock market isn't the economy. Clinton inherieted Reagans excellent economy. There were still a lot of things being made in America before Clinton signed NAFTA and sold out the middle class. That caused a great big sucking sound that was the genesis for the crappy economy to this day. That and GATT.

Oh yeah Clinton also sold China our misslie techology, er I mean he commited treason and gave it to them.

Democrats want you to work for the lazy.

A K A Stone  posted on  2015-01-09   19:24:13 ET  Reply   Trace   Private Reply  


#41. To: Pinguinite (#30)

Post Date: 2009-11-14 17:40:46 by Goldi-Lox

Former clown posse members are NOT welcome here. Please leave on your own. Or as soon as you are outted by those here who hate you, you will removed.

FYI, as I was a former CP member, and Goldi said none were welcome at LP anymore, I voluntarily chose to stop posting at LP a little over five years ago when Goldi published her policy (several years after CP went out of existence).

I have no personal interest in what LP does other than the curiosity of an outsider looking in. It is a rather unique circumstance I haven't heard of before.

Certainly, all those who consider it "home" would like the site to continue.

In my view, given the time SysAdmin has been working with Goldi, he is the next logical successor to taking over LP.

In my view, the next logical successor would not be an anonymous sysadmin. It could be that person with his or her LP handle revealed so the members would know who is being put in charge. If his/her posting history is unobjectionable, his/her handle should not be a problem.

In spite of that view, SysAdmin has made it clear on LP that it's possible the domain name could be legally claimed by some party who claims a right to Goldi's estate. But unless and until that happens, SysAdmin has defacto and IMO, moral right to run the site.

I doubt anyone with a claim on the estate will turn up and be interested in LP. All that needs be done is to let the domain ownership expire and be released, and then have sysadmin or whoever claim it and pay for it. When CP (Clown Posse) expired, someone bought the domain name.

I reckon someone has to suppervise the site, if it is to continue, and sysadmin seems to be one who knows what needs to be done, and has the ability to get it done (with assistance from someone such as yourself, as necessary).

As I noted upstream at #12, "It should be noted that tpaine was wrong to post the offending material. tpaine was also wrong to advocate doing it again. His banning was justified — LP can't just let him do it again and again. Removing the offending material was correct and necessary."

BTW, Goldi did not pay for the domain's initial domain name registration, so if a legal issue were to be made on those grounds...

This argument lacks merit. Who paid is not important. Who held the title when Goldi died is important. If you pay for a car and place the title in my name, you have no claim to the car should I die. It would be part of my estate. If the domain name or the site has value, it belongs to the estate.

Finally, SysAdmin is a very good guy.

Sysadmin may be a wonderful, very good, very talented guy who is the best person for the job. Title to the site does not devolve on the basis of being an anonymous good guy, or even a known good guy. Title does not devolve even upon unanimous support of LP posters. The domain is owned and not by them.

That he has unwillingly found himself having to make decisions that would inevitably result in him being called profanities by some objectionable party doesn't change the fact that he's a good guy.

A saint could take over and would be called objectionable names. I have not called him any names.

A problem is that LP is just a website. Nothing belongs to it. Even the archives belong to the estate of Goldi. Somebody must be responsible to answer potential copyright or libel actions. Right now, I reckon that is probably the executor of the estate of Goldi.

Any authority granted by Goldi to her agent sysadmin died with Goldi. Even had he been granted a power of attorney to act as sysadmin, it died with the Principal, Goldi. Sysadmin has published knowledge of Goldi's death and there can be no legal claim to use prior authority to take over the management of her affairs post mortem.

Absent a will, it is just a bit messy.

SysAdmin has defacto and IMO, moral right to run the site.

Actually, Sysadmin has no authority. Any authority he had as Goldi's agent died with Goldi and his knowledge of her death.

http://info.legalzoom.com/power-attorney-end-upon-death-20235.html

Death of the Principal

Section 111 of the Uniform Power of Attorney Act provides that the power of attorney terminates when the principal dies. This rule is followed in all states. For example, Florida laws state that a power of attorney expires upon the principal’s death. In this situation, the agent no longer has authority to act on behalf of the principal, and the principal’s successors take over the management of his affairs.

Validation of Agent's Actions

In some situations the agent may not know of the principal’s death and may continue to act under the power of attorney, for example, by paying bills or signing documents. If the agent does not know that the principal has died, the law generally allows him to continue acting as agent until he is notified of the death. For example, Chapter 1337.091 of the Ohio Code states that if an agent carries out his duties without knowing that the principal has died, his actions remain valid, provided that he acts in good faith.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0709/0709.html

709.2109 Termination or suspension of power of attorney or agent’s authority.— 
(1) A power of attorney terminates when:
(a) The principal dies;
(b) The principal becomes incapacitated, if the power of attorney is not durable;
(c) The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority granted by the power of attorney is to be exercisable by the agent;
(d) The principal revokes the power of attorney;
(e) The power of attorney provides that it terminates;
(f) The purpose of the power of attorney is accomplished; or
(g) The agent’s authority terminates and the power of attorney does not provide for another agent to act under the power of attorney.
(2) An agent’s authority is exercisable until the authority terminates. An agent’s authority terminates when:
(a) The agent dies, becomes incapacitated, resigns, or is removed by a court;
(b) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or for their legal separation, unless the power of attorney otherwise provides; or
(c) The power of attorney terminates.
(3) If any person initiates judicial proceedings to determine the principal’s incapacity or for the appointment of a guardian advocate, the authority granted under the power of attorney is suspended until the petition is dismissed or withdrawn or the court enters an order authorizing the agent to exercise one or more powers granted under the power of attorney.
(a) If an emergency arises after initiation of proceedings to determine incapacity and before adjudication regarding the principal’s capacity, the agent may petition the court in which the proceeding is pending for authorization to exercise a power granted under the power of attorney. The petition must set forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent.
(b) Notwithstanding the provisions of this section, unless otherwise ordered by the court, a proceeding to determine incapacity does not affect the authority of the agent to make health care decisions for the principal, including, but not limited to, those provided in chapter 765. If the principal has executed a health care advance directive designating a health care surrogate, the terms of the directive control if the directive and the power of attorney are in conflict unless the power of attorney is later executed and expressly states otherwise.
(4) Termination or suspension of an agent’s authority or of a power of attorney is not effective as to an agent who, without knowledge of the termination or suspension, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
History.—s. 11, ch. 2011-210.

scholarship.law.umt.edu/mlr/vol22/iss1/7/

See also: "Termination of Agency by Death or Incapacity," by William McCormick, Montana Law Review, Vol. 22, Issue 1, Fall 1960, Article 7, July 1960.

nolu chan  posted on  2015-01-09   21:10:42 ET  Reply   Trace   Private Reply  


#42. To: Vicomte13 (#25)

Under Clinton, the economy soared and we had a budget surplus.

I disagree that Clinton actually ran a surplus, but he came closer than anyone since Eisenhower to balancing the budget. See Debt to the Penny. By my reckoning, the last time the debt went down was 1950 to 1951.

That minor quibble aside, Clinton was a stupendous economic success compared to his contemporaries - Reagan, Bush I, Bush II, and Obama.

If the country is given the straight up choice between Clinton or Bush, they will choose Clinton, hands down.

I agree. I think a Jeb Bush nomination would be political suicide. Such a consideration did not stop the nominations of Dole, McCain or Romney. The establishment would rather lose an election and lose control of the party.

Of course, it's not Bill we'll be seeing. It's Hillary.

That's true and it's very unlikely I could find a reason to vote for Hillary or Jeb.

At least the campaign could keep us awake if it were between liberals and conservatives, for example Elizabeth Warren, Bernie Sanders, Rand Paul, Ted Cruz or whoever.

But I'm not voting for babykillers either way.

That pretty much rules out the any Democratic or GOPe candidate. I doubt any actual pro-life, no exceptions, candidate can win the primaries and get a major party nomination.

nolu chan  posted on  2015-01-09   21:45:41 ET  Reply   Trace   Private Reply  


#43. To: A K A Stone, Vicompte13 (#40)

The stock market isn't the economy. Clinton inherieted Reagans excellent economy.

But it must be acknowledged that Reagan's excellent economy about tripled the Federal debt and it was inherited by Poppy Bush, not Clinton. For multiplication of the Federal debt of all those who preceded him, Reagan exceeded the accomplishments of Obama.

See Debt to the Penny

09/28/1990 	3,233,313,451,777.25
09/29/1989 	2,857,430,960,187.32
09/30/1988 	2,602,337,712,041.16
09/30/1987 	2,350,276,890,953.00
09/30/1986 	2,125,302,616,658.42
09/30/1985   	1,823,103,000,000.00
09/30/1984 	1,572,266,000,000.00
09/30/1983 	1,377,210,000,000.00
09/30/1982 	1,142,034,000,000.00
09/30/1981 	  997,855,000,000.00
09/30/1980 	  907,701,000,000.00

nolu chan  posted on  2015-01-09   21:55:27 ET  Reply   Trace   Private Reply  


#44. To: nolu chan, Vicomte13 (#41)

I think you're trying to apply estate law concerning tangible assets or income to a non-profit website.

Other than the domain name, exactly what do you think Goldi owned?

The articles? Of course not. Not even the vanities. Maybe she owned the LibertyPost Townhall threads and her own vanity posts.

Nor did Goldi ever assert any ownership over the contents of the website including users' posts. How could she?

And the forum software is all public domain.

Other than the domain names and control of the database/server, exactly what did Goldi own? That is where your argument falls to pieces.

Notice that Goldi claimed a copyright but the site never displayed one nor do sysadmin or Neil seem to know anything about a copyright. Also, no trademark is displayed. To protect intellectual property, you have to prominently display and vigorously defend any infringement of your copyrights/trademarks.

Tooconservative  posted on  2015-01-09   22:31:20 ET  Reply   Trace   Private Reply  


#45. To: nolu chan (#43)

For multiplication of the Federal debt of all those who preceded him, Reagan exceeded the accomplishments of Obama.

I have been seeing this lately from a lot of lefties.

Apparently percentages now more relevant than actual dollars.

Obama has increased the debt by 7.5 trillion with a few years left to go.

That is a hell of a lot of real money.

In other words if I offered you a choice between getting $100 and and three times $15. If you took the $15 times 3 simply because you were tripling something, even though it was still less than $100, you would be a moron.

Nexus6  posted on  2015-01-09   22:39:16 ET  Reply   Trace   Private Reply  


#46. To: Nexus6, ramen bucks (#45)

An eighties dollar was worth a lot more than today's globalist neocon dollar. Percentages are a more accurate metric.

You're comparing apples and ramen noodles.


The D&R terrorists hate us because we're free, to vote second party


"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2015-01-09   23:09:28 ET  (1 image) Reply   Trace   Private Reply  


#47. To: hondo68 (#46)

An eighties dollar was worth a lot more than today's globalist neocon dollar. Percentages are a more accurate metric.

One still cannot compare things using two different things.

One must either settle on percentage comparison or one of real, inflation adjusted dollars to make a real comparison. It isn't very accurate to use percentages of increase as the base number (dollars) are different.

My suspicion is that Obama is far worse than any previous president. Why do I think this? Because leftists came out with this 'study' and leftists almost always lie.

Nexus6  posted on  2015-01-09   23:29:36 ET  Reply   Trace   Private Reply  


#48. To: Nexus6 (#45)

I have been seeing this lately from a lot of lefties.

I haven't seen it from any lefties.

In other words if I offered you a choice between getting $100 and and three times $15. If you took the $15 times 3 simply because you were tripling something, even though it was still less than $100, you would be a moron.

Would a $45 raise in the great depression years be worth more than a $100 raise today?

Comparing such raises dollar to dollar is invalid when inflation has greatly changed the value of the dollars being compared.

However one compares Reagan to Clinton on management of the deficit and the debt, Reagan does not fare well.

nolu chan  posted on  2015-01-10   0:18:33 ET  Reply   Trace   Private Reply  


#49. To: TooConservative, Vicompte13 (#44)

I think you're trying to apply estate law concerning tangible assets or income to a non-profit website.

Other than the domain name, exactly what do you think Goldi owned?

The articles? Of course not. Not even the vanities. Maybe she owned the LibertyPost Townhall threads and her own vanity posts.

Nor did Goldi ever assert any ownership over the contents of the website including users' posts. How could she?

And the forum software is all public domain.

No. I am considering a tangible legal instrument of some value, the title of ownership of the registered domain name.

Liberty Post is just a website. There is no corporate entity to own anything. Liberty Post is not a person, not even one of a legal fiction, as is a corporation. It owns nothing and can neither sue nor be sued. Goldi, or now her estate, could be sued.

Ownership of the registered domain name is a real asset.

Goldi owned the domain name and the archives. She did not own a copyright to everything in the archives, but she was free to shut down the site and take the archives with her. The copies in the archives were her property.

I believe you are incorrect in your claim that the forum software is public domain. Doesn't Neil sell or license Pinguinite?

You are mistaking copyright with ownership. A library may own the books on its shelves and can sell them or burn them, or stack them in the basement. The author or publisher may own the copyright to produce and sell additional copies of the books.

As for agency, it is beyond all doubt that when the agent knows the principal has died, the agent such as sysadmin, has no further power to act on behalf of the principal. At common law, notice of death is not required.

Notice that Goldi claimed a copyright but the site never displayed one nor do sysadmin or Neil seem to know anything about a copyright. Also, no trademark is displayed. To protect intellectual property, you have to prominently display and vigorously defend any infringement of your copyrights/trademarks.

I accept your representation that Neil and sysadmin know nothing of copyright. Copyright does not arise from a notice. It automatically exists. Copyright attaches to a work when it is created. Goldi could not copyright material created elsewhere and used on her site. She would, however, own the archive copy of her site.

https://www.google.com/#q=copyright+notice

U.S. Copyright Office

Circular 3

At page 1:

Copyright Notice

U.S. law no longer requires the use of a copyright notice, although placing it on your work is often beneficial. Prior law did, however, contain such a requirement, and the use of a notice is still relevant to the copyright status of older works. This circular describes the copyright notice provisions enacted in the 1976 Copyright Act (title 17, U. S. Code), which took effect January 1, 1978, and the effect of the 1988 Berne Convention Implementation Act, which amended the law to make the use of a copyright notice optional on copies of works published on and after March 1, 1989. Specifications for the proper form and placement of the notice are included.

Works published before January 1, 1978, are governed by the 1909 Copyright Act. Under that law, if a work was published under the copyright owner’s authority without a proper notice of copyright, all copyright protection for that work was permanently lost in the United States. For more information about the law governing copyright notice before January 1, 1978, see 37 C.F.R. 202.2, “Copyright Notice,” on the Copyright Office website at www.copyright.gov/title37.

At Page 5:

The omission of notice does not affect copyright protection, and no corrective steps are required if the work was published on or after March 1, 1989.

nolu chan  posted on  2015-01-10   0:37:12 ET  Reply   Trace   Private Reply  


#50. To: nolu chan (#49)

Ownership of the registered domain name is a real asset.

True. There are ways to acquire it by stealth but apparently it is renewed, making this a moot point.

I believe you are incorrect in your claim that the forum software is public domain. Doesn't Neil sell or license Pinguinite?

He didn't sell or license the copy that I have. It is public domain. There are no notices of copyright at all.

Copyright attaches to a work when it is created. Goldi could not copyright material created elsewhere and used on her site. She would, however, own the archive copy of her site.

So you say she "owned" the copyrighted articles posted on her site? Or that she "owned" a copy of them? And what of the comments?

I think you are trying to apply estate law for things like books and other intellectual property to an anonymous user-driven non-profit news aggregation site that is dark web (i.e. never advertising its presence on the web).

Tooconservative  posted on  2015-01-10   1:13:54 ET  Reply   Trace   Private Reply  


#51. To: TooConservative (#50)

True. There are ways to acquire it by stealth but apparently it is renewed, making this a moot point.

This is why I mentioned that it can just be allowed to expire and be released to the public. However, then the first applicant for the domain name likely wins the cookie. That may, or may not, be desired.

It is renewed, but in a renewal of a license, the name of the owner does not change. In the case of LP, nobody would have the legal authority to effect any change until the estate releases any claim.

So you say she "owned" the copyrighted articles posted on her site? Or that she "owned" a copy of them? And what of the comments?

She owned the archive of her site, whatever was on it. If the servers were hers, she could disconnect them and put them in her computer room. She could make a backup copy and delete whatever was on the servers.

And, --- N O ---, I did not say she owned copyrighted articles, or the copyrights to the copyrighted articles. If you own a book, you own the pages in the book and that copy of the words on the pages. You do not own the copyright.

She owned the entire archive which is the stored data files.

nolu chan  posted on  2015-01-10   1:37:43 ET  Reply   Trace   Private Reply  


#52. To: nolu chan (#51)

We're saying pretty much the same thing. You just attach more importance to it.

LP (software and database) are contained in a virtual machine which can be easily moved from server to server. It is being adapted to run on sysadmin's personal server at present.

Tooconservative  posted on  2015-01-10   8:59:45 ET  Reply   Trace   Private Reply  


#53. To: nolu chan (#43)

We still had a lot more American made stuff when Reagan was President. His polilcies put us on good ground for the future.

Clinton is a free traitor and a traitor. That has hurt the economy.

Clinton is largely responsible for the stock market crash with his elimination of Glass–Steagall.

The things the President does doesn't always bear fruit good or rotten on their term.

What exactly did Clinton to to make the economy better? Nothing that I can think of.

A K A Stone  posted on  2015-01-10   10:37:53 ET  Reply   Trace   Private Reply  


#54. To: Nexus6. nolu chan (#45)

For multiplication of the Federal debt of all those who preceded him, Reagan exceeded the accomplishments of Obama.

Not really. That belongs to LBJ and FDR. They gave us socialist/communist security and the Awful Society legislation. That is what most of the growth in government comes from.

A K A Stone  posted on  2015-01-10   10:41:31 ET  Reply   Trace   Private Reply  


#55. To: nolu chan (#41)

In my view, the next logical successor would not be an anonymous sysadmin. It could be that person with his or her LP handle revealed so the members would know who is being put in charge. If his/her posting history is unobjectionable, his/her handle should not be a problem.

Members have no legal right to know the true identity of SysAdmin. Therefore, assuming control of the site does not obligate SysAdmin to disclose his own personal information.

This argument lacks merit. Who paid is not important. Who held the title when Goldi died is important. If you pay for a car and place the title in my name, you have no claim to the car should I die. It would be part of my estate. If the domain name or the site has value, it belongs to the estate.

Well, the key here is the domain name and data have a pretty much zero value, which will be evidenced by the fact that no claim will be made on it.

SysAdmin has defacto and IMO, moral right to run the site.

Actually, Sysadmin has no authority. Any authority he had as Goldi's agent died with Goldi and his knowledge of her death.

That's why I say it's now de facto his site. He has control of both the domain and the DB. Any laws saying otherwise mean nothing unless and until something is acted upon through those laws. Absent such actions, he has full power over the site. And unchallenged power = de facto authority. That is how it works when one country invades another, after all, and for the same reasons.

Nolu, one thing I have gained an appreciation for living in Ecuador is just how limited laws are. Laws are not some kind of magical, inescapable, edicts of God that intertwine with the fabric of the universe. They are merely tools which affected people either seek to use to further their own causes, or obstacles which people seek to overcome in furthering their own cause. Laws are limited by the degree to which they are enforced, and have no power beyond that point. This is true in every country, including the USA.

Ergo, no matter what laws exist, such as those you cited, that might imply that LP is part of Goldi's estate, if no action is taken on such laws then the laws are of no significance whatsoever. That's the reality, and reality trumps law.

Pinguinite  posted on  2015-01-10   11:58:05 ET  Reply   Trace   Private Reply  



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