John P.
Vancouver,#2Author of original report
Mon, December 04, 2006
To whom it may concern: The following subjects will be covered. 1.) Sermon of the Flu! (Aka: The Sermon of the Great Flu!) 2.) The Lawyer! 3.) The Number 10 and $2500! 4.) The Judge! 5.) Closing Comments! 6.) Caution, Caution, and Caution! 7.) Disclaimer! Sermon of the Flu (The Sermon of the Great Flu!) While reading the various articles that have been posted on the FluTrackers Website, I came across a three part article that was written by Snowy Owl. During this three part series, Florida1 herself posted a comment that people needed to pay attention to this because she thought she knew where Snowy Owl was going with it and it was very important. Now Snowy Owl described this great journey which I will call, The Sermon of the Great Flu! This story described seeing this great problem and described how they got from there to here. It describes that after seeing this problem and going from website to website, searching, encountering hostile people who said such horrible things about respected scientists and he then came to flutrackers and everyone gets along and works so very hard and all was well. So ends the sermon of the flu. I am surprised that a choir didn't start singing! The Lawyer Prior to posting my complaint on the Ripoff site, did flutrackers advise you too ask your own lawyer and see if you're covered under fair use principles? Why don't you ask your own lawyer what they think about you coping a Reuters, MSNBC, or New Scientist article in full, without their permission, and posting it on another site? Be sure to tell your lawyer that you're doing this for a private business that is incorporated and they are trying to get tax-exempt status. Be sure to let your lawyer know that you are just a volunteer living in a different state and not an employee of flutrackers. Just what would your lawyer say about that? If you can't afford a lawyer, did you look it up on the Internet for yourself? Did you Google Copyright Violations and see what was being said? Did you go the Federal site and read up on the subject? Did you look up Fair Use on Wikipedia for yourself? Did you follow the links that Wikipedia provided? Did flutrackers lawyer send out a note saying that flutrackers will be changing from an Inc to a LLC? Did flutrackers lawyer send you a note saying all was well? Is flutrackers lawyer licensed to practice in your state or country? Will flutrackers lawyer defend you for free? Will they send you cigarettes while you are in jail/prison? Or will flutrackers pray for you and keep you close to their hearts? The Number 10 and $2500 How many copyright violations does it take before it becomes a felony under US Law? How much value must be involved before it becomes a felony? How will the value be determined? (I bet it will be similar to the way they add it up when a person, who guesses a password, takes a look around on a corporate website, then leaves with out making any changes. (This causes at least $250,000 dollars of damage every time!)) If you are convicted of a felony, can you vote? Can you own a gun? Can you have a hunting knife in the house that you live in? Is Fair Use in all countries? Or is it just in the United States? If a person was nailed for using 300 words from a 200,000 word story, just what can happen to you after you have copied 25%, 50% or even 100% of a story and posted it on another site that the publisher did not intend? (Yes, I know, it is for a good cause and they are really nice people, which must make it OK, (begin choir now!)) Does flutrackers obtain permission to reprint from the publisher/copyright holder and keep this permission posted on the flutrackers website? What is so hard about emailing a request? (I guess E-mail is so very hard and inconvenient and it just easier to post a sticky and besides, the copyright holders have much more important things to worry about!) The Judge Do you really want to stand in front of a Judge and say, ?Your Honor, I didn't violate the copyright laws because some lady, who lives in Florida, told me that her lawyer said it was OK? Do you really want to tell a Judge that you didn't violate the copyright laws because some lady who lives in Florida provided a hyperlink to a website that said it was OK? Do you really want to tell a Judge that the copyright laws were not violated because some lady who lives in Florida put a sticky on her site that said she believes that it is Fair Use? Do you really want to tell a Judge that you didn't violate the copyright laws because you read all about it on the Internet and know that you are OK? Is ignorance of the law an excuse? Closing Comments When the US cries foul to China for all of the copyright violations that go on, will the Chinese bring up the same issue and say that we should take a good look at what is going on in the US? Will this cause a crackdown by the US authorities and who will they go after? If your lawyer says that it is OK, ask if you should use an Artsy/Cutesy signature like the other members, or if a business-professional signature that has a disclaimer/notice be better? (It would be more professional!) Caution, Caution, and Caution I would encourage the reader to research these questions, seek council from a competent lawyer and if you are not willing to do this, then I would strongly urge caution before offering money or support to flutrackers! Disclaimer In the spirit and tradition of flutrackers, I present the following disclaimer that covers this three part critique! The following comments, concerns, opinions and critique, (made by me on 11/28/06, 12/02/06 and today and which should be posted on or about 12/04/06,) about flutrackers are covered in full by the sticky posted on the refrigerator. (It says that you should be an adult, make up your own mind!)
John P.
Cincinnati,#3Author of original report
Fri, December 01, 2006
Thank You! To Whom It May Concern: It has been brought to my attention that Flutrackers has removed the individual's copyrighted material and I am now of the opinion that Flutrackers has made a reasonable attempt to respect copyright. Thank You! However, it should also be mentioned that several items may deserve consideration. 1.) It was noticed that some members and moderators had inadvertently posted information that could make their identify known. Fortunately, after being contacted with a heads up, the one moderator corrected the problem. (Unfortunately, not all members who made this mistake have been contacted.) 2.) It is hoped that members and visitors who conduct interviews with the media, are aware of the danger they place themselves in. In times of crises, it is not unheard of for authorities to ban hoarding and it is doubtful that the authorities would be able to tell the difference between hoarding and stockpiling. (Neighbors who did not prepare, could file a complaint with the authorities and turn you in; after all, they saw you on the television and know that you have a lot of food/supplies.) 3.) It is hoped that discussions on keeping pets safe and out of sight during times of crises be discussed. One only has to consider South Korea's actions to imagine what the actions of panicked/miss-informed authorities might be and the potential fate of loved pets in this country. (The fact that the authorities have already suspended Habeas Corpus and are now talking of suspending our Freedom of Speech gives cause for concern.) 4.) New members should be able to find the rules of conduct in a timely fashion. (At the very least when greeted for the first time, they should be directed to the location of said rules.) 5.) It is respectfully suggested that the rules concerning being banned be re-evaluated and unless there have been threats or harassment, (in which case the authorities should be notified,) keeping the lines of communication is essential if one wishes to avoid misunderstandings. Perhaps discussing if a private, non-public, internal message, which points out a problem and does not threaten or use vulgar language, would be a good place to start. (At the very least, this would help to keep internal issues? internal.) 6.) It is hoped that questions and debate be encouraged at all times and not suppressed. (Philosophical or rhetorical questions are not necessarily inappropriate and can be just as important as recipes for a crock-pot. (It was a neat recipe.)) 7.) Because of your member's enthusiasm to be the first too post breaking news from around the world, I would recommend consulting legal council, one who is familiar with US Law as well as International Law. (A Lawyer who's practice is family law, might not be a good choice!) At the very least, go back and read what is being agreed too by copying the story. If it is understood correctly and depending on how the copyright is written, the person(s) copying and pasting the story has agreed that the laws of the foreign county are applicable. (If Google can be sued over a thumbnail photo/link to a foreign news story, then what could happen if a story is copied in full and posted on a site that the publisher did not intend, within minutes or hours of publication and what are the laws of the country saying?) 8.) Being open to new ideas, thoughts, and comments is difficult for most people. Ideas like encouraging your readers to have a window punch in the glove box, or having a simple device like a Leatherman Micra on their key chain could save a life. (Don't try to fly on a commercial flight with a Leatherman Micra.) Planning routes to avoid left hand turns that cross traffic, (if possible,) could be helpful during a crisis and are just as important as having a manual can opener. 9.) Preparations come in many forms and stockpiling items in a way that can not be easily transported could be a mistake. It is hoped that the ideas that were presented and then removed would be redone by one of your more creative moderators in a way that meets flutrackers satisfaction/standards. (After all, the goal is to help others? isn't it?) It is also my hope that your fears and concerns never occur.