Oh, this is divine! The fun never ends! Read on:
http://www.danspitz.com/msgboard/index.php?act=ST&f=1&t=97&st=0
http://www.danspitz.com/msgboard/index.php?act=ST&f=1&t=97&st=0
SPITZ asks BUTT if he can read!!! Then threatens litigation!!
- Thread starter TD
- Start date
mentalmeltdown
Horatio McAllister
jdelpi
Imported Killer
Metal Maiden
Cooking with Anthrax
Whats this Dan?
Buddy_Love_Bomb Posted: Feb 17 2003, 01:20 AM
King Of Rock N Roll
I mean, come on, who are we shitting here? exclaimed 8th Circuit Court judge Melvin Armbruster. By any yardstick we could measure with, this group is not super. It is many things, yes. But super? God, no. If someone wants to coin the term 'weirdgroup' or 'whathefuck-are-they-thinking-group,' the court will allow those definitions to stand. I mean, Christ, it's not even a GROUP! It fails both criteria.
Nicko McBrain, contacted for his opinion on the ruling, seemed optimistic. Look. Me label's issued a statement. I am NOT in Danny Spitz's band, right? Maiden's about to release a full album and do a tour, which'll no doubt lead to another three live albums and a reissue campaign or two. I ain't got the time, mate!
Spitz, reached in the basement of his Florida apartment complex, in a laundry room he's dubbed Electric Spitzyland, was more enthusiastic. Do the math! Anthrax can't hold me back, the devil can't hold me back, and some dumb judge isn't gonna stop my heavyness! I'll call it what I want, because I am a music industry professional! Ask my bass player... you may have heard of him does the name David Ellefson ring your cuckoo clock? Huh? Does it??
Ellefson stands behind his bandmate and friend. For fuck's sake, you stupid fuck!!! he replied, when reached for comment while taking out Dave Mustaine's garbage outside his Phoenix-area home. What part of 'I'm not in that band' don't you get? Wait... did that creepy little walleyed midget put you up to this? Jesus, I jam with him once and now it's like I'm being stalked. Look, I can't make it any plainer I AM NOT IN A BAND WITH DAN SPITZ. If he's telling people I am, he's a delusional idiot. No one in this business is pathetic enough to return that dork's calls, much less be in his band!
Spitz, who divides his time between issuing self-penned press releases and posting under assumed names on his new message board, says that despite a cease-and-desist order and calls from the local police precinct, he will not cave in. I'm in a group and it's super!! I'm super!! We're super! It's a supergroup!! God don't make no junk, you know? I'm an important member of the music industry, and just because we have no songs, no deal, and an imaginary lineup, I won't let the naysayers and the hellbound Jew-run media stop me!! I'll keep saying it! Supergroup supergroup supergroup!! Spitz was then arrested by local police, and his Realistic tape recorder and Tomy My First Typewriter, loaded with another incriminating press release, was confiscated.
Mr. Spitz is clearly a danger to himself and a nuisance to the community, and should be remanded to the state's care for the time being, Judge Armbruster said, ruling Spitz incompetent to stand trial. It's the merciful thing to do besides, if we lock him in the nuthouse, he doesn't have to keep taking Vanilla Ice's calls. That's a burden no man, sane or otherwise, should have to bear.
7 Times 70's debut album is scheduled for release some time after shit sticks to the moon.
- Keith Bergman
Based on a concept by Jewy Ramone
--------------------
DanSpitz Posted: Feb 17 2003, 03:38 AM
King Of Rock N Roll
Very cool,
Welcome
Another Board Troll/Punching Bag.
See today's Brand New Picts, on the Pinned topic, (if you can read).
Haaaaa haaaaa..........
Over and OUt,
Spitz
Buddy_Love_Bomb Posted: Feb 17 2003, 03:52 AM
QUOTE (DanSpitz @ Feb 16 2003, 09:38 PM)
Very cool,
Welcome
Another Board Troll/Punching Bag.
See today's Brand New Picts, on the Pinned topic, (if you can read).
Haaaaa haaaaa..........
Over and OUt,
Spitz
WTF Dan, WHay are you talking shit to me?... I was just asking a question?...
--------------------
Serge Posted: Feb 17 2003, 03:56 AM
I sing like a canary
Buddy, are you drunk or just mentally derranged?
Buddy_Love_Bomb Posted: Feb 17 2003, 04:01 AM
Serge? what are you talking about?. I found that on a website and was wondering wtf it was about?. I was just asking if he knew anything about it, and he kinda got shity....Do I am not Drunk, but I guess I am Retarted...
--------------------
Serge Posted: Feb 17 2003, 04:02 AM
QUOTE (Buddy_Love_Bomb @ Feb 16 2003, 11:01 PM)
Serge? what are you talking about?. I found that on a website and was wondering wtf it was about?. I was just asking if he knew anything about it, and he kinda got shity....Do I am not Drunk, but I guess I am Retarted...
website?
what's the URL?????
I wanna go there personally and spit in their faces...
(My religion believes allow me to do so)
;-)))
Buddy_Love_Bomb Posted: Feb 17 2003, 04:05 AM
oh you thought i wrote that?, now I understand.. Hope dan dident think the same, ill go get the url brb
--------------------
Buddy_Love_Bomb Posted: Feb 17 2003, 04:07 AM
is that what it was, you thought I wrote that?... here is the link.. http://www.roadrun.com/infernalcombustion/...x?newsitemID=19
P.S. you know what happened to my Signiture?..
--------------------
Serge Posted: Feb 17 2003, 04:07 AM
QUOTE (Buddy_Love_Bomb @ Feb 16 2003, 11:05 PM)
oh you thought i wrote that?, now I understand.. Hope dan dident think the same, ill go get the url brb
of course we thought you wrote it!
you didn't give credit to no one
Serge Posted: Feb 17 2003, 04:08 AM
QUOTE (Buddy_Love_Bomb @ Feb 16 2003, 11:07 PM)
is that what it was, you thought I wrote that?... here is the link.. http://www.roadrun.com/infernalcombustion/...x?newsitemID=19
P.S. you know what happened to my Signiture?..
signature was way too big,
it loards slow and takes 1/2 of the monitor in low resolution
Buddy_Love_Bomb Posted: Feb 17 2003, 04:09 AM
That sux, Could you let Dan no I dident, Cause that really sux that he was talkin shit to me..
--------------------
Serge Posted: Feb 17 2003, 04:13 AM
I got it on 2 counts:
1) INFERNAL COMBUSTION is a PARODY website run and operated independently of Roadrunner Records. The views and opinions on this site are SATIRE, and intended solely for the enjoyment of its readership. They do not necessarily state or reflect the views of Roadrunner Records or its employees. The authors are solely responsible for the content of this site.
PARODY IS NOT BREAKING THE LAWS
but...
2) they use copyrighted materials
http://www.roadrun.com/infernalcombustion/.../pics/spitz.jpg
without permission, is breaking the laws and
upon return from our vacation,
C&D will be issued and damages will be thought to the extent of the law.
Susanne Birbrair, Esq. Posted: Feb 17 2003, 04:26 AM
Unregistered
Copyright infringment by Roadrunner Records 536 Broadway New York NY,10012, can result in an injunction against further unpermitted use of copyrights in the photograph:
Sec. 502. - Remedies for infringement: Injunctions
A
Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28, grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.
B
Any such injunction may be served anywhere in the United States on the person enjoined; it shall be operative throughout the United States and shall be enforceable, by proceedings in contempt or otherwise, by any United States court having jurisdiction of that person. The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all the papers in the case on file in such clerk's office.
In addition to an injunction, under Section 504, Daniel is entitled to:
B Actual Damages and Profits. -
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
© Statutory Damages. -
(1)
Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
Serge Posted: Feb 17 2003, 04:30 AM
I LOVE parody...but copyrights infringements are yet another story...
Musicians and all artists know that...Roadrunner does not...
well, they will.
NOBODY is above the LAW.
Serge Posted: Feb 17 2003, 04:49 AM
for the record:
C&D request has been posted on
Roadrunner's site
with the letter to follow via fax in 10 mins
DanSpitz.com doesn't beat around the bush...
Susanne Birbrair, Esq. Posted: Feb 17 2003, 05:07 AM
Unregistered
February 16, 2003
Susanne Birbrair
Signs, Signs, Signs
P.O. Box 812649
Boca Raton, FL 33481-2649
VIA FAX: 1-212-334-8603
Legal Department
Roadrunner Records
536 Broadway
New York NY,10012
Re: Cease and Desist
It has come to my attention that the unauthorized use of a copyrighted photograph belonging to my client Daniel Spitz is on today's issue of the parody site INFERNAL COMBUSTION. See: http://www.roadrun.com/infernalcombustion/.../pics/spitz.jpg
No one is authorized to exhibit, reproduce, transmit, or otherwise distribute the above-mentioned work without the express written permission of Daniel Spitz, which permission Daniel Spitz has not granted.
On behalf of Daniel Spitz, owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state that we have a good faith belief that use of the material in the manner complained of is not authorized by Daniel Spitz, his respective agents, or the law.
We also hereby state that we believe the information in this notification is accurate, and, under penalty of perjury, that Signs, Signs, Signs, Inc. is authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.
We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.
Respectfully,
Susanne Birbrair
Signs, Signs, Signs, Inc.
Serge Posted: Feb 17 2003, 05:14 AM
Roadrunner runs to the hills:
money - talk,
bullshit artists - walk
;-)))
"Run, baby, run!"
(Amanda Lear)
Buddy_Love_Bomb Posted: Feb 17 2003, 05:33 AM
what so now that thay covered the face, its ok for them to use it?...
--------------------
Stephanie Posted: Feb 17 2003, 05:38 AM
Member
As far as Dan Spitz is concerned, yes.
As far as Dean Guitars are concerned???
Serge Posted: Feb 17 2003, 05:41 AM
QUOTE (Stephanie @ Feb 17 2003, 12:38 AM)
As far as Dan Spitz is concerned, yes.
As far as Dean Guitars are concerned???
Dean Guitars' Legal Department is not open yet...but they will be tomorrow morning
http://www.deanguitars.com/content/endorse...es/danspitz.htm
I am not a lawyer and I don't play one on TV and I haven't stayed at Holliday Inn Express,
but I see another infringement right there..
But, I'm sure Road Runner Records is fully prepared to deal witrh the consequnces
Hy Pro Glower Posted: Feb 17 2003, 05:43 AM
Member
have we never heard of fair use laws?
--------------------
Serge Posted: Feb 17 2003, 05:46 AM
QUOTE (Hy Pro Glower @ Feb 17 2003, 12:43 AM)
have we never heard of fair use laws?
of course we did...
and do you care to show us how fair use doctrine applies here?
http://db.mctc.mnscu.edu/Library/tutorials...on7/fairuse.htm
YOUR interpretation of the law is mostly welcomed...
Hy Pro Glower Posted: Feb 17 2003, 05:53 AM
There is no one measure that is applied to determine fair use. Fair use can be assumed if such use meets any of the items in the below four-pronged test :
QUOTE
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
If the intended use enhances education, free speech, or the advancement of knowledge, many argue that fair use should apply regardless of whether the use is for commercial or non-commercial purposes.
You have them there
QUOTE
The nature of the copyrighted work
Greater copyright protection has traditionally been given to creative works. The greater the creative effort needed to produce a work, the less likely fair use will be considered an appropriate defense to copyright infringement.
It's a picture of what has become affectionatly termed 'The Pose'...not exactly the most creative thing ever.
QUOTE
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Only a limited portion of a copyrighted work may be used for fair use purposes. There is no set percentage, however, the larger the percentage of a work that is used, the greater the likelihood a court ruling of copyright infringement.
One picture from the entire site. It's not like they created a gallery of Spitz.
QUOTE
The effect of the use upon the potential market value for or value of the copyrighted work.
If use of the copyrighted item is shown to have caused economic damage to the copyright owner a ruling of copyright infringement will be made.
You're selling jpegs?
Overreation is kinda sad
--------------------
Serge Posted: Feb 17 2003, 05:53 AM
QUOTE (Hy Pro Glower @ Feb 17 2003, 12:43 AM)
have we never heard of fair use laws?
Hy Pro Glower,
are you claiming RoadRunner site to be:
1) Educational?
2) Non for profit?
I am curious what their Tax Return they file with IRS in March will show.....
They don't look non for profit or educational to me, but whatta I know?
Hy Pro Glower Posted: Feb 17 2003, 05:57 AM
I said you have them there, but it IS the equivalent of a fan and parody site.
No such thing as bad publicity.
--------------------
Buddy_Love_Bomb Posted: Feb 17 2003, 01:20 AM
King Of Rock N Roll
I mean, come on, who are we shitting here? exclaimed 8th Circuit Court judge Melvin Armbruster. By any yardstick we could measure with, this group is not super. It is many things, yes. But super? God, no. If someone wants to coin the term 'weirdgroup' or 'whathefuck-are-they-thinking-group,' the court will allow those definitions to stand. I mean, Christ, it's not even a GROUP! It fails both criteria.
Nicko McBrain, contacted for his opinion on the ruling, seemed optimistic. Look. Me label's issued a statement. I am NOT in Danny Spitz's band, right? Maiden's about to release a full album and do a tour, which'll no doubt lead to another three live albums and a reissue campaign or two. I ain't got the time, mate!
Spitz, reached in the basement of his Florida apartment complex, in a laundry room he's dubbed Electric Spitzyland, was more enthusiastic. Do the math! Anthrax can't hold me back, the devil can't hold me back, and some dumb judge isn't gonna stop my heavyness! I'll call it what I want, because I am a music industry professional! Ask my bass player... you may have heard of him does the name David Ellefson ring your cuckoo clock? Huh? Does it??
Ellefson stands behind his bandmate and friend. For fuck's sake, you stupid fuck!!! he replied, when reached for comment while taking out Dave Mustaine's garbage outside his Phoenix-area home. What part of 'I'm not in that band' don't you get? Wait... did that creepy little walleyed midget put you up to this? Jesus, I jam with him once and now it's like I'm being stalked. Look, I can't make it any plainer I AM NOT IN A BAND WITH DAN SPITZ. If he's telling people I am, he's a delusional idiot. No one in this business is pathetic enough to return that dork's calls, much less be in his band!
Spitz, who divides his time between issuing self-penned press releases and posting under assumed names on his new message board, says that despite a cease-and-desist order and calls from the local police precinct, he will not cave in. I'm in a group and it's super!! I'm super!! We're super! It's a supergroup!! God don't make no junk, you know? I'm an important member of the music industry, and just because we have no songs, no deal, and an imaginary lineup, I won't let the naysayers and the hellbound Jew-run media stop me!! I'll keep saying it! Supergroup supergroup supergroup!! Spitz was then arrested by local police, and his Realistic tape recorder and Tomy My First Typewriter, loaded with another incriminating press release, was confiscated.
Mr. Spitz is clearly a danger to himself and a nuisance to the community, and should be remanded to the state's care for the time being, Judge Armbruster said, ruling Spitz incompetent to stand trial. It's the merciful thing to do besides, if we lock him in the nuthouse, he doesn't have to keep taking Vanilla Ice's calls. That's a burden no man, sane or otherwise, should have to bear.
7 Times 70's debut album is scheduled for release some time after shit sticks to the moon.
- Keith Bergman
Based on a concept by Jewy Ramone
--------------------
DanSpitz Posted: Feb 17 2003, 03:38 AM
King Of Rock N Roll
Very cool,
Welcome
Another Board Troll/Punching Bag.
See today's Brand New Picts, on the Pinned topic, (if you can read).
Haaaaa haaaaa..........
Over and OUt,
Spitz
Buddy_Love_Bomb Posted: Feb 17 2003, 03:52 AM
QUOTE (DanSpitz @ Feb 16 2003, 09:38 PM)
Very cool,
Welcome
Another Board Troll/Punching Bag.
See today's Brand New Picts, on the Pinned topic, (if you can read).
Haaaaa haaaaa..........
Over and OUt,
Spitz
WTF Dan, WHay are you talking shit to me?... I was just asking a question?...
--------------------
Serge Posted: Feb 17 2003, 03:56 AM
I sing like a canary
Buddy, are you drunk or just mentally derranged?
Buddy_Love_Bomb Posted: Feb 17 2003, 04:01 AM
Serge? what are you talking about?. I found that on a website and was wondering wtf it was about?. I was just asking if he knew anything about it, and he kinda got shity....Do I am not Drunk, but I guess I am Retarted...
--------------------
Serge Posted: Feb 17 2003, 04:02 AM
QUOTE (Buddy_Love_Bomb @ Feb 16 2003, 11:01 PM)
Serge? what are you talking about?. I found that on a website and was wondering wtf it was about?. I was just asking if he knew anything about it, and he kinda got shity....Do I am not Drunk, but I guess I am Retarted...
website?
what's the URL?????
I wanna go there personally and spit in their faces...
(My religion believes allow me to do so)
;-)))
Buddy_Love_Bomb Posted: Feb 17 2003, 04:05 AM
oh you thought i wrote that?, now I understand.. Hope dan dident think the same, ill go get the url brb
--------------------
Buddy_Love_Bomb Posted: Feb 17 2003, 04:07 AM
is that what it was, you thought I wrote that?... here is the link.. http://www.roadrun.com/infernalcombustion/...x?newsitemID=19
P.S. you know what happened to my Signiture?..
--------------------
Serge Posted: Feb 17 2003, 04:07 AM
QUOTE (Buddy_Love_Bomb @ Feb 16 2003, 11:05 PM)
oh you thought i wrote that?, now I understand.. Hope dan dident think the same, ill go get the url brb
of course we thought you wrote it!
you didn't give credit to no one
Serge Posted: Feb 17 2003, 04:08 AM
QUOTE (Buddy_Love_Bomb @ Feb 16 2003, 11:07 PM)
is that what it was, you thought I wrote that?... here is the link.. http://www.roadrun.com/infernalcombustion/...x?newsitemID=19
P.S. you know what happened to my Signiture?..
signature was way too big,
it loards slow and takes 1/2 of the monitor in low resolution
Buddy_Love_Bomb Posted: Feb 17 2003, 04:09 AM
That sux, Could you let Dan no I dident, Cause that really sux that he was talkin shit to me..
--------------------
Serge Posted: Feb 17 2003, 04:13 AM
I got it on 2 counts:
1) INFERNAL COMBUSTION is a PARODY website run and operated independently of Roadrunner Records. The views and opinions on this site are SATIRE, and intended solely for the enjoyment of its readership. They do not necessarily state or reflect the views of Roadrunner Records or its employees. The authors are solely responsible for the content of this site.
PARODY IS NOT BREAKING THE LAWS
but...
2) they use copyrighted materials
http://www.roadrun.com/infernalcombustion/.../pics/spitz.jpg
without permission, is breaking the laws and
upon return from our vacation,
C&D will be issued and damages will be thought to the extent of the law.
Susanne Birbrair, Esq. Posted: Feb 17 2003, 04:26 AM
Unregistered
Copyright infringment by Roadrunner Records 536 Broadway New York NY,10012, can result in an injunction against further unpermitted use of copyrights in the photograph:
Sec. 502. - Remedies for infringement: Injunctions
A
Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28, grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.
B
Any such injunction may be served anywhere in the United States on the person enjoined; it shall be operative throughout the United States and shall be enforceable, by proceedings in contempt or otherwise, by any United States court having jurisdiction of that person. The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all the papers in the case on file in such clerk's office.
In addition to an injunction, under Section 504, Daniel is entitled to:
B Actual Damages and Profits. -
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
© Statutory Damages. -
(1)
Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
Serge Posted: Feb 17 2003, 04:30 AM
I LOVE parody...but copyrights infringements are yet another story...
Musicians and all artists know that...Roadrunner does not...
well, they will.
NOBODY is above the LAW.
Serge Posted: Feb 17 2003, 04:49 AM
for the record:
C&D request has been posted on
Roadrunner's site
with the letter to follow via fax in 10 mins
DanSpitz.com doesn't beat around the bush...
Susanne Birbrair, Esq. Posted: Feb 17 2003, 05:07 AM
Unregistered
February 16, 2003
Susanne Birbrair
Signs, Signs, Signs
P.O. Box 812649
Boca Raton, FL 33481-2649
VIA FAX: 1-212-334-8603
Legal Department
Roadrunner Records
536 Broadway
New York NY,10012
Re: Cease and Desist
It has come to my attention that the unauthorized use of a copyrighted photograph belonging to my client Daniel Spitz is on today's issue of the parody site INFERNAL COMBUSTION. See: http://www.roadrun.com/infernalcombustion/.../pics/spitz.jpg
No one is authorized to exhibit, reproduce, transmit, or otherwise distribute the above-mentioned work without the express written permission of Daniel Spitz, which permission Daniel Spitz has not granted.
On behalf of Daniel Spitz, owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state that we have a good faith belief that use of the material in the manner complained of is not authorized by Daniel Spitz, his respective agents, or the law.
We also hereby state that we believe the information in this notification is accurate, and, under penalty of perjury, that Signs, Signs, Signs, Inc. is authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.
We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.
Respectfully,
Susanne Birbrair
Signs, Signs, Signs, Inc.
Serge Posted: Feb 17 2003, 05:14 AM
Roadrunner runs to the hills:
money - talk,
bullshit artists - walk
;-)))
"Run, baby, run!"
(Amanda Lear)
Buddy_Love_Bomb Posted: Feb 17 2003, 05:33 AM
what so now that thay covered the face, its ok for them to use it?...
--------------------
Stephanie Posted: Feb 17 2003, 05:38 AM
Member
As far as Dan Spitz is concerned, yes.
As far as Dean Guitars are concerned???
Serge Posted: Feb 17 2003, 05:41 AM
QUOTE (Stephanie @ Feb 17 2003, 12:38 AM)
As far as Dan Spitz is concerned, yes.
As far as Dean Guitars are concerned???
Dean Guitars' Legal Department is not open yet...but they will be tomorrow morning
http://www.deanguitars.com/content/endorse...es/danspitz.htm
I am not a lawyer and I don't play one on TV and I haven't stayed at Holliday Inn Express,
but I see another infringement right there..
But, I'm sure Road Runner Records is fully prepared to deal witrh the consequnces
Hy Pro Glower Posted: Feb 17 2003, 05:43 AM
Member
have we never heard of fair use laws?
--------------------
Serge Posted: Feb 17 2003, 05:46 AM
QUOTE (Hy Pro Glower @ Feb 17 2003, 12:43 AM)
have we never heard of fair use laws?
of course we did...
and do you care to show us how fair use doctrine applies here?
http://db.mctc.mnscu.edu/Library/tutorials...on7/fairuse.htm
YOUR interpretation of the law is mostly welcomed...
Hy Pro Glower Posted: Feb 17 2003, 05:53 AM
There is no one measure that is applied to determine fair use. Fair use can be assumed if such use meets any of the items in the below four-pronged test :
QUOTE
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
If the intended use enhances education, free speech, or the advancement of knowledge, many argue that fair use should apply regardless of whether the use is for commercial or non-commercial purposes.
You have them there
QUOTE
The nature of the copyrighted work
Greater copyright protection has traditionally been given to creative works. The greater the creative effort needed to produce a work, the less likely fair use will be considered an appropriate defense to copyright infringement.
It's a picture of what has become affectionatly termed 'The Pose'...not exactly the most creative thing ever.
QUOTE
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Only a limited portion of a copyrighted work may be used for fair use purposes. There is no set percentage, however, the larger the percentage of a work that is used, the greater the likelihood a court ruling of copyright infringement.
One picture from the entire site. It's not like they created a gallery of Spitz.
QUOTE
The effect of the use upon the potential market value for or value of the copyrighted work.
If use of the copyrighted item is shown to have caused economic damage to the copyright owner a ruling of copyright infringement will be made.
You're selling jpegs?
Overreation is kinda sad
--------------------
Serge Posted: Feb 17 2003, 05:53 AM
QUOTE (Hy Pro Glower @ Feb 17 2003, 12:43 AM)
have we never heard of fair use laws?
Hy Pro Glower,
are you claiming RoadRunner site to be:
1) Educational?
2) Non for profit?
I am curious what their Tax Return they file with IRS in March will show.....
They don't look non for profit or educational to me, but whatta I know?
Hy Pro Glower Posted: Feb 17 2003, 05:57 AM
I said you have them there, but it IS the equivalent of a fan and parody site.
No such thing as bad publicity.
--------------------
yeah i saw that, this morning. was gonna post it but you beat me to it.
it's so fucking funny- but really sad at the same time.
like, how petty can you get??!!
i heard him out and was willing to give him a chance while everyone was giving him shit about 20 questions, but after reading his site i am convinced he has lost it.
what's with the questions marks over his so called band members' heads on the 7x70 site?? is that because they haven't agreed to be in his band...?
----
"....And Your Religious Mouth Sais?"
it's so fucking funny- but really sad at the same time.
like, how petty can you get??!!
i heard him out and was willing to give him a chance while everyone was giving him shit about 20 questions, but after reading his site i am convinced he has lost it.
what's with the questions marks over his so called band members' heads on the 7x70 site?? is that because they haven't agreed to be in his band...?
----
"....And Your Religious Mouth Sais?"
anthrax_moshing_maniac
Cursed again
Jono
Hail Satan!
mentalmeltdown
Horatio McAllister
KY_Fried442
extra crispy
It's way past time for Daniel Spitz to throw in the towel and call it a career. This is just getting sick.
Lordlindsey
Metal Royalty
jdelpi
Imported Killer
has anyone actually thought or wondered if the guy can still play the guitar??? he keeps going on about his watch-making and how he retired from music since SOWN (which was quite a few years back)- so that would suggest he would be a bit out of practice on the old axe.
and who will be writing the music for him??
and who will be writing the music for him??
Jono
Hail Satan!
well if you think about it, just because you retire from music doesn't mean you quit playing. like when authors die they usually come out with a bunch of crap they had written after they retired.
I doubt he would just put doiwn the axe and not play ever agian.
-Jono-
I doubt he would just put doiwn the axe and not play ever agian.
-Jono-
jdelpi
Imported Killer
Danny has gone on record as saying he didn't play at all after he parted ways with Anthrax. It said in his bio that he gave over 50 guitars to the Hard Rock Cafe. Of course I am sure he has been practicing now and it's not like he can't pick it up again. But Max is right that he didn't write much music in Anthrax, especially at the end of his music career.
Jono
Hail Satan!
anthrax_moshing_maniac
Cursed again
he must no the guitar like the back of his hand you wouldent forget something you been playing for years that easy
Buddy_Love_Bomb
Member
mentalmeltdown
Horatio McAllister
redeyes
most likely to mosh