Are you there, lurkers? It's me, Pab.

[Pab Sungenis]

A number of you have been stalking me (and other people here) on-line for quite some time. Good to see you.

Some of you have been engaging in the wholesale copying of some of our writings, and putting them up somewhere else for mockery. All in good fun, you say? Not so fast.

I don't mind mockery. In fact, I thrive on it because I partake in it myself so much. In fact, one essay I wrote on DU entitled The Politics Of Superheroes came in for intense criticism and debate both on-line and in print. The difference there is that they stayed within the letter of the law, linking and excerpting, not wholesale reproduction.

You see, everything I write is under copyright. I wouldn't waste my time defending it against piddling little comment, of course (even though they do fly the flag), but my essays and especially my comic strip are worth defending. Yes, I post a few installments of The New Adventures Of Queen Victoria here, along with several of my essays, but in those cases I am choosing where and how it appears. Copying my material onto another server for redistribution by someone else for any reason, other than small excerpts for critical analysis, without my permission is infringement. Like I said, this especially goes in terms of my comic strip now that the first collected edition is in print. If someone doesn't defend their copyrights and trademarks, they become meaningless, and I have to fight for them.

Feel free to mock. I prefer if you mock intelligently, but you're free to mock. You're even welcome to make fun of my health and recent financial difficulties as you have recently. But stay within the letter of the law. Otherwise, I will come get you.

Thank you.

[angry_chuck]

1. boo hoo

why don't you mail some cease-and-decist letters already? It's like you don't even know how to threaten people correctly or something, jeez.

The failure of a copyright holder to bring a timely lawsuit against known infringers may later block such a claim by establishing an implied license, as may other acts or omissions that could informally signal consent to use the work.

The relief available to a copyright owner for infringement begins when the owner notifies the infringing party that a copyright has been violated.

better get crack-a-lackin' now.

[Redstone]

3. And your hostility to the OP is specifically because of what? Just curious.

Redstone

[Pab Sungenis]

5. I am.

It's a slow process. The people in question hide behind an anonymity provider, so to get their name and contact information I have to go through that provider. They've been pussyfooting around with me, but I've got my ducks in a row and I'm ready to nail them. I'm offering fair warning for others here.

I've got at least one of them dead to rights for reproducing my comic strip without permission. That's where I'm going with this. I was willing to settle without money changing hands, but the guy in question has been a pain, and now it's time to stop playing around.

[angry_chuck]

12. Good stuff

Intellectual property is valuable. Get your money's worth. I was just kidding with the boo hoo stuff; theft is not funny, but I was trying to be. Good luck.

[Pab Sungenis]

14. I appreciate your candor.

And thanks for the well wishes.

[Name removed]

6. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[Redstone]

2. Go get 'em. I'm a big fan of copyright protection, so I'd enjoy seeing

you do that. Do please post any updates, and feel free to name names.

Some people have a problem understanding that they're not above the law, and it would be most gratifying to see you hand them the ass-kicking they so richly deserve.

Redstone

[Pab Sungenis]

8. Names will be named when they can be.

It started with a Google search on my comic strip. One of the links turned out to be at the site in question. Unfortunately, it wasn't a direct link to my strip, but a hit in my signature linking to an essay of mine about our recent financial problems. I turned to my friends on DU for advice and sympathy, and found myself getting mocked over there.

That was when I found tons of my stuff over there, and decided it was time to fight back finally.

[everythingsxen]

4. I echo Redstone on this..

do name names, by all means.

One question though, how can you copyright a post on a message board? I mean, as long as you are given credit for it, I thought it was public domain since you are talking to the world with no expectation of privacy.

[Pab Sungenis]

7. Nothing on the internet is public domain unless explicity stated.

Posts aren't worth fighting over, but essays and blog entries are. I fly copyright on my blog, my essays, and my comic strip.

Names can't be named here yet, since I have no names. There is an anonymity service they are abusing, and I have to go through them first for the C&D letters.

[Redstone]

9. No, you're incorrect, sorry. Giving the entire world permission to read your work

(such as posting on a message board) does NOT give anyone permission to STEAL your work.

Copyright still applies.

"Public Domain" is a very specific term, and does not mean "available to a large public, so you're free to claim it as your work even if it isn't."

That's the crux of copyright. Others are free to quote his or her work, or link to it, but not to claim authorship, nor to use it in a manner that's defamatory to the real author.

Redstone

[Name removed]

10. Deleted message

Message removed by moderator. Click here to review the message board rules.

[mitchtv]

11. Sorry, no offense, but why the hostility

[Pab Sungenis]

13. Probably a lurker

Or someone who just has too much pent up hostility.

[Pab Sungenis]

15. Well, well.

Guess I have more than enough grounds to go through domainsbyproxy.com to get this guy's information. This just bounced back:

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

webmaster@<name deleted>.com
mailbox is full: retry timeout exceeded

------ This is a copy of the message, including all the headers. ------

Return-path: <[e-mail]>
Received: from nobody by server1.conservativeunderground.com with local (Exim 4.52)
id 1GxyRN-00046B-1r
for webmaster@<name deleted>.com; Fri, 22 Dec 2006 23:24:57 -0500
To: webmaster@<name deleted>.com
Subject: <name deleted> Contact Us Form - Copyright infringement
From: "Paul L. Sungenis @ <name deleted>" <[e-mail]>
Message-ID: <200612230454.80602a333901@www.<name deleted>.com>
MIME-Version: 1.0
Content-Type: text/plain; charset="ISO-8859-1"
Content-Transfer-Encoding: 8bit
X-Priority: 3
X-Mailer: vBulletin Mail via PHP
Date: Fri, 22 Dec 2006 23:24:57 -0500

The following message was sent to you via the <name deleted> Contact Us form by Paul L. Sungenis.

--------------------------------

You do not have permission to reproduce my comic strip, "The New Adventures Of Queen Victoria" on your website.

In accordance with U.S. Copyright Law, I insist upon:

(1) The removal of all copyrighted material by me from your site forthwith.
(2) The name and contact information for your user <name deleted> so that he may be served with a formal Cease and Desist letter.
(3) Full name and contact information for the administrator of this site, so that you may be served with a formal Cease and Desist letter.

Failure to comply will leave you open to civil and/or criminal penalties. Please comply in writing to:

<my full name and address>

I await your reply.

--------------------------------

Since it's impossible now to send them a C&D through E-Mail, I now have grounds to get their information from the people who are shielding them.

Thank you!

[northofdenali]

17. Yeeeee hawwwwwwww!

Go get 'em! I despise a thief! :thumbsup:

[Pab Sungenis]

16. Oh, one more point.

Someone pointed out DU's Privacy Policy, which states that material contributed to DU becomes public information.

Yes, public information, not public domain. Reproduction and redistribution can still be restricted. All that posting to DU does is give DU permission to make it available for the public to read.

Just for those who are curious.

[westy1080]

19. Why are you going to *that site* anyway?

Just wondering.

[Pab Sungenis]

20. Because I found my copyrighted material reproduced there

and what I found elsewhere on that site sickens me. I have to defend my copyrights, or they will lose their effectiveness, pure and simple. If I can do some good while defending them, I will.

[Pab Sungenis]

18. Just stopped up there again to see the latest

And it seems they keep adding more and more stuff of mine.

I guess they want to make sure my C&D letters are never complete. Oh, well. I found who is doing the physical hosting for their site finally, and the letters are going out. I don't have definitive address information for the actual site owner yet, but it won't be long until I can properly serve the appropriately named Mr. Crook.

[johnaries]

21. YES! Go get 'em!

A little mockery is one thing, theft of protected Intellectual Property is another matter entirely.