[DeTomaso] Again with the threats!

Dave dave at damardirect.com
Mon Jun 27 15:41:09 EDT 2016 

Maybe I missed something. I agree the whole situation is insane. But just on a sliver of sanity, did anyone ask for copyright proof from the person making the threats? Or, is it a big bluffing game until a possible court date that the person threatening decides to drop it (maybe because there is NO COPYRIGHT by that person)? What a jerk the person is, to say the least.

IndyDave 

-----Original Message-----
From: Ken Green [mailto:kenn_green at yahoo.com] 
Sent: Sunday, June 26, 2016 7:54 PM
To: Jeff Cobb; Pantdino
Cc: detomaso at server.detomasolist.com
Subject: Re: [DeTomaso] Again with the threats!

You can look at this government publication:
http://www.copyright.gov/circs/circ01.pdf
Starting at the bottom of page 3: 
How to Secure a Copyright Copyright Secured Automatically upon CreationThe way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. See the following note. There are, however, certain definite advantages to registration. See Copyright Registration on page 7.
and on page 7:
• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
There is a safe harbor for fair use.  If you take just part of a copyrighted work, and repost it commenting on it, it should fall within the safe harbor.  So, for example, if someone running for an elected position, had made posts which might reflect on his suitability for the position, you should be able to repost portions of interest along with your comments.
Ken









      From: Jeff Cobb <jeffcobb1 at me.com>
 To: Pantdino <pantdino at aol.com>
Cc: detomaso at server.detomasolist.com
 Sent: Sunday, June 26, 2016 2:26 PM
 Subject: Re: [DeTomaso] Again with the threats!
  
Not true, Jim Oddie, in Louisiana and most if not all of USA.
A person must apply, sign documents and pay for the security of the copyright law with The Secretary of State. 
I own four copyrights and trademarks.
Yet the trademark for my 34 year old business name would be mine regardless of paperwork because it has and is fact that I should own it by reason of domain.
Jeff Cobb
        

On Jun 26, 2016, at 2:11 PM, Pantdino via DeTomaso <detomaso at server.detomasolist.com> wrote:

>  I am not a copyright lawyer, but my understanding is that as soon as
>  someone creates something, that person has the copyright to it.  So 
>if
>  I write a post describing "how I change the coolant in my Pantera," I
>  have the copyright to that unless I specifically sign it over to
>  someone else.  This is the issue the musicians of the '60's and '70's
>  clarified when they said they owned the music they wrote and the 
>record
>  companies said they did. The courts found for the musicians.
> 
>  So I don't see how anyone has the copyright to a bunch of various 
>posts
>  written by individuals as friends.  So unless someone or some company
>  is the official owner of the list and they have warned everyone who
>  posts on it that they then hold the copyright to whatever is written
>  there, the idea of a lawsuit does not make sense.  And who, exactly, 
>is
>  the owner and how would one assign monetary damages to the copyright
>  infringement?  If the owner is the Club, the President could only 
>file
>  a lawsuit in compliance with the Club charter, which I'm sure does
>  include that.
> 
>  Jim Oddie
> 
>  -----Original Message-----
>  From: Joseph F. Byrd, Jr. <byrdjf at embarqmail.com>
>  Cc: detomaso <detomaso at server.detomasolist.com>
>  Sent: Sun, Jun 26, 2016 10:21 am
>  Subject: Re: [DeTomaso] Again with the threats!
>  If the problem is "your list" is in violation of something, and the
>  "list"
>  consist of all of "us", then including the list/us seems appropriate 
>in
>  such discussions.
>  -----Original Message-----
>  From: DeTomaso [[1]mailto:detomaso-bounces at server.detomasolist.com] 
>On
>  Behalf
>  Of Jeff Cobb
>  Sent: Sunday, June 26, 2016 13:08 PM
>  To: [2]audionut at hushmail.com
>  Cc: [3]detomaso at server.detomasolist.com
>  Subject: Re: [DeTomaso] Again with the threats!
>  Thank you sir, audionut, for some clarity.
>  Maybe this thread-neurosis may come to an end.
>  And Kurt, if this belief and understandable worry ***Apparently, "my"
>  list
>  is violating copyrights,**** is worth a minute of your thought, then
>  write
>  and ask your accuser and cc the group to have your accuser state if
>  you-us
>  are or if you-us are not apparently doing a wrong.
>  SIMPLE and if this person does not respond then you have your answer.
>  Since you seem unclear and worried then YOU MUST have your problem
>  watchdog
>  person state if what you-us are doing is wrong.
>  CLARITY WILL KILL THIS FEAR.
>  No induced problem, no wrong and no accuser then all is well.
>  Not all dogs bite.
>  Know where you are walking.
>  Lawyers will just f**k small things up.
>  This perceived issue is just a 5 hr pimple not skin cancer.
>  Keep the lawyers at bay for the big problems.
>  Jeff Cobb
>  -----------------------------------------------------
>  On Jun 26, 2016, at 11:37 AM, [4]audionut at hushmail.com wrote:
>> Relax. This is ludicrous. Absolutely nothing to worry about. No need 
>> to hassle incorporating the forum.
>> 
>> 
>> Disturbed, snippety people scare others with legal threats because
>  it's
>> so easy. My schizophrenic, homeless sister does it from time to time, 
>> threatening my family with legal action ever since my Dad cut her out 
>> of his will over 20 years ago. He died in 1996 but to this day she 
>> still pulls this one out of her crazy bag and lobs it at us.
>> 
>> 
>> The law is frighteningly confusing to most people and we all know
>  that
>> many lawyers are, shall we say, less than scrupulous so people tend
>  to
>> get a bit scared when threatened with the expensive, complicated,
>  dark
>> world of the lawsuit.
>> 
>> 
>> Don't waste a dime or another thought worrying about this nonsense--
>> 
>> 
>> But, if you are truly worried and losing sleep over this, go pay a 
>> lawyer $100 and he/she will tell you the same thing.
>> Sent using Hushmail
>> On June 26, 2016 at 9:10 AM, "Jeff Detrich" <[5]jjdetrich at gmail.com>
>> wrote:
>> 
>> Kurt,
>> I'm not a lawyer, but you might think about forming a corporation to 
>> run the email list. It's an inexpensive way to protect your personal 
>> assets should this get ugly and I would think most of us would be 
>> glad to fund the cost.
>> Jeff - I can't believe we are having this discussion
>> 6559
>> On Thu, Jun 9, 2016 at 8:29 AM, Kurt Byrnes <[6]kdb at kbyrnes.com>
>  wrote:
>>> Just so everyone is aware, I was sent another email last night
>> warning me
>>> to hire an lawyer. Apparently, "my" list is violating copyrights.
>>> 
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>> References
>> 
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>> _______________________________________________
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> References
> 
>  1. mailto:detomaso-bounces at server.detomasolist.com?
>  2. mailto:audionut at hushmail.com
>  3. mailto:detomaso at server.detomasolist.com
>  4. mailto:audionut at hushmail.com
>  5. mailto:jjdetrich at gmail.com
>  6. mailto:kdb at kbyrnes.com
>  7. mailto:DeTomaso at server.detomasolist.com
>  8. http://server.detomasolist.com/mailman/listinfo/detomaso
>  9. http://server.detomasolist.com/mailman/listinfo/detomaso
>  10. mailto:DeTomaso at server.detomasolist.com
>  11. http://server.detomasolist.com/mailman/listinfo/detomaso
>  12. mailto:DeTomaso at server.detomasolist.com
>  13. http://server.detomasolist.com/mailman/listinfo/detomaso
> _______________________________________________
> 
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