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Hello! I'm the founder of Destructoid. My cblog page is always in ruin because I use it to test my code.

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You can reach me at niero [at] destructoid.com.
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Destructoid downtime due to Cblogs violating DMCA, please read
Niero | 8:18 PM on 02.26.2008 94 comments




As you probably noticed we experienced some unexpected downtime this afternoon from 7pm-8pm CST due to three reasons that, when combined, caused a meltdown: (a) someone filed a copyright violation against a cblogger (see below) for copy/pasting the entirety of their content and (b) our hosting company is migrating to a new software that isn't sending out email notices for trouble tickets and (c) didn't have my new address, so I found out that they were trying to reach me after our load balancing hardware was unplugged. Super!

It took us an hour to pull the blog post, contact their lawyer, point our site to a backup, get the legal stuff worked out, have them plug the server back in, switch our stuff back, yadda yadda. Moral of the story: please be very careful about attribution. Its fine to copy/paste a fraction of someone's content but taking entire stories off of another site is frowned upon. What a mission. At least we're back up and Colette ordered chicken wings. (sigh)

--

To Whom It May Concern,

I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). This letter is a Notice of Infringement as authorized in 512(c) of the U.S. Copyright Law. I wish to report what I feel in good faith is an instance of Copyright Infringement. The infringing material appears on the service for which you are the designated agent.

The DMCA clearly speficies on Section 202(c) that a service provider will also become liable unless 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.

1. The material which I contend belongs to me, and appears illegally on the Service is the following:

18 Undiscovered Websites Every Gamer Should Know

2. The original material appears on my website at this address:

http://www.dailybits.com/18-undiscovered-websites-every-gamer-should-know/

3. The infringing material appears at the website address:

http://www.destructoid.com/blogs/chief+blaze/should-know--66488.phtml

4. My contact information is as follows:

(removed)


5. I have a good faith belief that the use of the material that appears on the service is not authorized by the copyright owner, its agent, or by operation of law.

6. The information in this notice is accurate, and I am either the copyright owner or I am authorize to act on behalf of the copyright owner.

I declare under the perjury laws of the United States of America that this notification is true and correct.



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86 comments | showing # 1 to 50
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next 50 comments

Segasonicdude's Avatar - Comment posted on 02/26/2008 20:38
Segasonicdude
So someone did a CopyPasta instead of a Link?
Samit Sarkar's Avatar - Comment posted on 02/26/2008 20:40
Samit Sarkar
Dayum. The internets is serious business.

Also, people are idiots sometimes — just summarize and provide a link...sheesh.
AgentMOO's Avatar - Comment posted on 02/26/2008 20:40
AgentMOO
Copypasta = fail, write and link, people!
ceark's Avatar - Comment posted on 02/26/2008 20:42
ceark
wow. this is why the last hour of work was so miserable today.
Yashoki's Avatar - Comment posted on 02/26/2008 20:43
Yashoki
Heres my opinion on the copyright thing, It if was a piece of journalism, I'd totally get it. But it's a list, it's not an article or essay pointing out why gamers do X. Again, I see where he'd not want his stuff on another site, but come on. Seriously?
brosef's Avatar - Comment posted on 02/26/2008 20:44
brosef
rule #1 of journalism/history/blogging/term papers/not getting FALCON SUED -- always, always, always cite.

*sigh*
Pedro Blandino's Avatar - Comment posted on 02/26/2008 20:44
Pedro Blandino
As you probably noticed we experienced some unexpected downtime this afternoon from 7pm-8pm CST due to three reasons that, when combined, caused a meltdown: (a) someone filed a copyright violation against a cblogger (see below) for copy/pasting the entirety of their content and (b) our hosting company is migrating to a new software that isn't sending out email notices for trouble tickets and (c) didn't have my new address, so I found out that they were trying to reach me after our load balancing hardware was unplugged. Super!

It took us an hour to pull the blog post, contact their lawyer, point our site to a backup, get the legal stuff worked out, have them plug the server back in, switch our stuff back, yadda yadda. Moral of the story: please be very careful about attribution. Its fine to copy/paste a fraction of someone's content but taking entire stories off of another site is frowned upon. What a mission. At least we're back up and Colette ordered chicken wings. (sigh)

--

To Whom It May Concern,

I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). This letter is a Notice of Infringement as authorized in 512(c) of the U.S. Copyright Law. I wish to report what I feel in good faith is an instance of Copyright Infringement. The infringing material appears on the service for which you are the designated agent.

The DMCA clearly speficies on Section 202(c) that a service provider will also become liable unless 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.

1. The material which I contend belongs to me, and appears illegally on the Service is the following:

18 Undiscovered Websites Every Gamer Should Know

2. The original material appears on my website at this address:

http://www.dailybits.com/18-undiscovered-websites-every-gamer-should-know/

3. The infringing material appears at the website address:

http://www.destructoid.com/blogs/chief+blaze/not-1-not-2-but-18-undiscovered-websites-every-gamer-should-know--66488.phtml

4. My contact information is as follows:

(removed)


5. I have a good faith belief that the use of the material that appears on the service is not authorized by the copyright owner, its agent, or by operation of law.

6. The information in this notice is accurate, and I am either the copyright owner or I am authorize to act on behalf of the copyright owner.

I declare under the perjury laws of the United States of America that this notification is true and correct.




DONT SUE ME NIERO! i only pasted it because i thought it was really good!
Sadie G's Avatar - Comment posted on 02/26/2008 20:44
Sadie G
It's called Plagiarism...
I thought everyone learned that in school?

At least it worked out in the end, it could have been a much worse situation.
Eschatos's Avatar - Comment posted on 02/26/2008 20:45
Eschatos
That's kinda lame.
ZeroTolo's Avatar - Comment posted on 02/26/2008 20:47
ZeroTolo
Wow. It's a good thing I've been threatened with being accused of plagiarism since high school. Like they said, ALWAYS CITE YOUR SOURCES!
liam2015's Avatar - Comment posted on 02/26/2008 20:47
liam2015
Holy fucking shit. When I read it was because of copying my heart almost stopped. I had a blog this morning about the new warhawk patch, and it was almost entirely copypasta. So I'm glad It's not me.
BFeld13's Avatar - Comment posted on 02/26/2008 20:48
BFeld13
Goddam chief blaze
trydizon's Avatar - Comment posted on 02/26/2008 20:49
trydizon
@Sadie G@
Plagiarism aka Academic Dishonesty.

Tisk.
Niero's Avatar - Comment posted on 02/26/2008 20:50
Niero
He actually did cite the source. The blogger still insisted it was DMCA violation. I wish everyone would publish under creative commons, but alas its not a perfect world.
Yashoki's Avatar - Comment posted on 02/26/2008 20:51
Yashoki
Lets stop the bullshit and say it like it is, it's a list. I can make a list, my MOM can make a list. I totally see where he's comming from, but this isn't something to call someone out, it's called picking your battles (I claim ownership of this phrase >:D)
jdub28's Avatar - Comment posted on 02/26/2008 20:53
jdub28
@samit
Dayum reminds me of that episode of futurama where they keep getting younger and proffesor farnsworth turns into a hippie
VWGTI's Avatar - Comment posted on 02/26/2008 20:54
VWGTI
lol, owned to the 10th degree.
Kaos Angel's Avatar - Comment posted on 02/26/2008 20:55
Kaos Angel
Woah... all that for a simple copy/pasta? damn.
liam2015's Avatar - Comment posted on 02/26/2008 20:57
liam2015
@jdub
Thats my second favorite episode
jdub28's Avatar - Comment posted on 02/26/2008 20:57
jdub28
all those times, we tried to warn people, they thought it was all jokes...

CHIEF BLAZE BROKE THE INTERNET
MaxVest's Avatar - Comment posted on 02/26/2008 20:59
MaxVest
Yeah, unfortunately US copyright laws are unintuitive. It doesn't matter if you cite your sources -- if you copy all or even just the most important parts of an article, you might be violating copyright law.

Might. There's plenty of wiggle room within fair use, but if I were Niero, I wouldn't want to take a lot of chances with that stuff. This can't possibly be one of the first takedown notices Dtoid has received, can it?
SourGr8pes's Avatar - Comment posted on 02/26/2008 21:00
SourGr8pes
He even cited, and they still got up on Dtoid's grill? Some blogger's got his panties in a bunch...
Samit Sarkar's Avatar - Comment posted on 02/26/2008 21:02
Samit Sarkar
@jdub28: God, I love that show.

Well, look...“simple copypasta” or not, someone put the time and effort into finding those 18 websites, getting screenshots, and writing the list up in his own words. If he chooses not to make it freely reproducible (GFDL or, as Niero said, Creative Commons), that’s unfortunate — but it’s entirely his decision and his right to do so.

Moral of the story: copypasta of a news story is generally okay, because CNN or the Associated Press are not likely to come after you with a DMCA complaint. But don’t copy stuff from any “smaller” sources, unless they explicitly allow it (like Wikipedia, for example).
MaxVest's Avatar - Comment posted on 02/26/2008 21:07
MaxVest
@Samit Sarkar: Sorry, I beg to disagree. Copypasta of almost anything could violate copyright, even news stories.

About the only things you may definitely republish is something that says you have permission -- that is, press releases that say "for distribution," stuff published under Creative Commons, etc. You might be free to copy other stuff, but most people don't bother sending a cease-and-desist unless you're providing a clear substitute for their product.

Attribution has nothing to do with copyright law, just with academic / journalistic integrity.
jdub28's Avatar - Comment posted on 02/26/2008 21:12
jdub28
so what if blaze would have put this in the forums? would it have still violated copyright laws? because neogaf is barely anything besides regugatation(sp?) of headlines and other peoples "work"
king3vbo's Avatar - Comment posted on 02/26/2008 21:13
king3vbo
I <3 you Niero, only you would post this...

HAIL THE ROBOT OVERLORD
Samit Sarkar's Avatar - Comment posted on 02/26/2008 21:14
Samit Sarkar
@MaxVest: Well, that’s definitely true. Fair use is very...nebulous. I just meant that posting news copypasta in the c-blogs isn’t likely to get noticed.
Yashoki's Avatar - Comment posted on 02/26/2008 21:14
Yashoki
Niero should take this guys' shitty blog to the cleaners with his robot lawyers D:
king3vbo's Avatar - Comment posted on 02/26/2008 21:15
king3vbo
ANOTHER FAILCAST TOPIC GET
taumpytears's Avatar - Comment posted on 02/26/2008 21:16
taumpytears
Samit Sarkar is an awesome name.
DaedHead8's Avatar - Comment posted on 02/26/2008 21:17
DaedHead8
Talk about making mountains out of ant hills. We still love you Blaze.
ArrestedDeveloper's Avatar - Comment posted on 02/26/2008 21:18
ArrestedDeveloper
Chief Blaze is Barrack Obama.
Aerox's Avatar - Comment posted on 02/26/2008 21:19
Aerox
Listen to MaxVest, he's actually a lawyer.
kawitchate's Avatar - Comment posted on 02/26/2008 21:20
kawitchate
but he made his own clever title!
ok, fine. put this "chief blaze" in the stocks.
40 LASHES!!!
MaxVest's Avatar - Comment posted on 02/26/2008 21:23
MaxVest
@Samit Sarkar: I agree with you, I just don't want to give people a false sense of security. Especially because Fair Use is a defense against copyright infringement (used in a lawsuit), not a bar to copyright infringement (keeps you from getting to court in the first place).

In general, giving a brief excerpt, or giving a summary in your own words, is allowable. Providing a link is a good way to keep the copyright holder from getting irritated, but it doesn't really have any particular legal magic. It just reassures the court that you're not trying to financially harm the copyright holder, which is one part of a fair use defense. Which again, if you're asserting Fair Use, means you got sued.
MaxVest's Avatar - Comment posted on 02/26/2008 21:24
MaxVest
Aerox, you outed me! Bad Aerox!
Butmac's Avatar - Comment posted on 02/26/2008 21:24
Butmac
Good grief. Fuck this lawyer and fuck whoever wrote this who was credited and STILL acted like an asshole. Who goes around looking for the off chance that someone may have shared something they thought was cool and gave full credit to them.

Fuck you asshole.
mix's Avatar - Comment posted on 02/26/2008 21:27
mix
Crazy stuff hopefully it's all good now.
Skribble's Avatar - Comment posted on 02/26/2008 21:29
Skribble
Pretty ridiculous if you ask me.

Grow the fuck up, it was just a stupid list of websites.
BS3 Owner's Avatar - Comment posted on 02/26/2008 21:32
BS3 Owner
Glad everything worked out Niero! Phew!
MaxVest's Avatar - Comment posted on 02/26/2008 21:33
MaxVest
@Butmac: Although I support your desire to fuck lawyers, this looks like a form email notice that anyone could send. You could even send your own version of it to someone who copypastaed your Amazon deals.
BS3 Owner's Avatar - Comment posted on 02/26/2008 21:33
BS3 Owner
Also, What Butmac said!
WastelandTraveler's Avatar - Comment posted on 02/26/2008 21:34
WastelandTraveler
wow someone had sand in their vagina
vexed alex's Avatar - Comment posted on 02/26/2008 21:34
vexed alex
LOL

Destructoid was about to get into war. Talk about Cuban Missile Crisis.
MaxVest's Avatar - Comment posted on 02/26/2008 21:34
MaxVest
@Butmac: edit -- not the deals themselves, but your accompanying droll and witty prose.
Atlas's Avatar - Comment posted on 02/26/2008 21:37
Atlas
I did indeed notice it was down
BluFire's Avatar - Comment posted on 02/26/2008 21:46
BluFire
Although the copypasta was bad - why do people even think that their work will be used properly when it's posted on the internets? Who cares that much to have a fucking lawyer?
godkow's Avatar - Comment posted on 02/26/2008 21:50
godkow
Snap, Crackle and Pop.
godkow's Avatar - Comment posted on 02/26/2008 21:57
godkow
It seems like Chief Blaze copypastas a lot of his blogs...luckily this is the only time someone else has gotten disgruntled.
niakori's Avatar - Comment posted on 02/26/2008 22:00
niakori
destructiod went down?


O.o
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