03 December 2009

KingCast writes Blogger and YouTube officials: Please provide your opinion on the issue of Hyperlinking, criticism, Fair Use and IP Infringement.

To all:

Bill Christy (stage name apparently) of the Bill Christy Project was caught calling me a nigger and a motherfucker. He and several other Internet trolls have had a virtual Field Day at two dedicated Topix posts to spew their vitriol as noted in these two posts, one and two. When he signed on to Topix he had several avatars that depicted him with B.B. King and as leader of Bill Christy Project. He even tried to FaceBook friend Trent Berry, a phenomenal guitarist and 18-year friend of mine from law school 1991. Trent reviewed the materials and immediately un-friended him.

He now has issued a Cease and Desist Request (see comments section herein) basically claiming that I cannot hyperlink to his own public domain website or even say the words "Bill Christy Project" in a YouTube video. I don't believe his claim has merit, but I will abide by whatever you say. I have withstood seven (7) challenges to the content of this blog in the past and I believe I am correct this time pursuant to OPG v. Diebold, 337 F.Supp.2d 1195 (2004) and its progeny:

At most, Plaintiffs' activity might have reduced Diebold's profits because it helped inform potential customers of problems with the machines. However, copyright law is not designed to prevent such an outcome. See, e.g., Acuff-Rose, 510 U.S. at 591-92, 114 S.Ct. 1164.

Rather, the goal of copyright law is to protect creative works in order to promote their creation.


Mr. Christy, I am in no ways infringing on that right. See also the comments section containing relevant notes from Chilling Effects website.

You also have likely misstated the facts to obtain a DMCA take down relative to "Try Gregory Floyd for Murder" as noted in my DMCA Counter-Affidavit that Scribd.com ignored and did not issue any substantive response to.

-Christopher King, J.D.

15 comments:

Christopher King said...

From Chilling Effects:

Question: If a hyperlink is just a location pointer, how can it be illegal?

Answer: It probably isn't, however, a few courts have now held that a hyperlink violates the law if it points to illegal material with the purpose of disseminating that illegal material:

* In the DeCSS case, Universal v. Reimerdes, the court barred 2600 Magazine from posting hyperlinks to DeCSS code because it found the magazine had linked for the purpose of disseminating a circumvention device. (See Anticircumvention (DMCA).) The court ruled that it could regulate the link because of its "function," even if the link was also speech.
* In another case, Intellectual Reserve v. Utah Lighthouse Ministry, a Utah court found that linking to unauthorized copies of a text might be a contributory infringement of the work's copyright. (The defendant in that case had previously posted unauthorized copies on its own site, then replaced the copies with hyperlinks to other sites.)

By contrast, the court in Ticketmaster v. Tickets.com found that links were not infringements of copyright.

Like anything else on a website, a hyperlink could also be problematic if it misrepresents something about the website. For example, if the link and surrounding text falsely stated that a website is affiliated with another site or sponsored by the linked company, it might be false advertising or defamation.

Finally, post-Grokster, a hyperlink might be argued to induce copyright infringement, if the link were made knowing that the linked-to material was infringing and with the intent of inducing people to follow the link and infringe copyright.

In most cases, however, simple linking is unlikely to violate the law.

*******

Question: Can linking be trademark infringement?

Answer: Trademark infringement is misuse of another's mark to cause consumer confusion about the source or sponsorship of goods or services. By contrast, many non-confusing uses of trademarks are fair and/or non-infringing. (See Trademark Topic.)

If website uses hyperlinks, like any other content, to mislead viewers into thinking the site is endorsed by someone whose trademark it uses, (e.g., "This page sponsored by MEGACORP, click here for more details"), the website might be found to infringe the trademark. A website merely linking to someone's web page, even if that page and its URL include a trademark (e.g., "We disagree with MEGACORP, click here to visit their homepage"), is unlikely to be trademark infringement.

******

Question: Is linking protected by the First Amendment?

Answer: The First Amendment to the U.S. Constitution says that "Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble..." The government (and states, under the Fourteenth Amendment) must meet a high level of scrutiny before restricting speech.

A hyperlinks refers to and describes the location of another Internet resource. The text of the hyperlink and the material linked to may be highly expressive. In addition, the act of linking to other websites may be likened to protected "assembly," or association with those sites.

*****


Question: Do I need permission to link to someone else's site?

Answer: In general, if someone is making a website publicly available, others may freely link to it. That open linking is what makes the web a "web."

*********

I will notify you of my Final Answer no later than 8:00 a.m, tomorrow morning.

Be certain to file a copy of this response with any DMCA Affidavit you file, there will be no need for you to tell them what you said about me and the girly-girl:

"Your tarbaby would have to have a penis for anyone to envy him, and the April video shows he lacks any balls at all in his diaper, just ask his bi-sexual girlfriend."

Very truly yours,

Christopher King, J.D.

Christopher King said...

Looks like Blogger is onto that Diebold case as well:

Infringement Notification for Blogger

To file a notice of infringement with us, you must submit the form provided below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Anonymous said...

Cease and Desist Notice

Christopher King
15 Beasom Street
Nashua NH 03064

December 3, 2009


Mr. Christopher King/Kingcast.net/christopher-king.blogspot.com: be advised any further use of the name Bill Christy Project SM/TM in your web blog or anywhere else on the Internet will result in a formal U S DMCA complaint being filed against you with Chilling Effects. The name Bill Christy Project SM/TM is service/trade mark protected in accordance with the United States Patent and Trademark guidelines which establishes my rights to use the mark based on my legitimate use of the term/phrase/band name Bill Christy Project SM/TM herein known as a mark affords me the legal presumption of the my ownership of the mark and my exclusive right to use the mark nationwide on or in connection with the services and products I provide. Furthermore the name is exclusively owned by me and registered as a web site known as www.billchristyproject.com which is also protected under the guidelines of the company the web site is registered through and the company the web site is hosted by. Please also note each page of my web site clearly states the following:

Any use of material or images contained within this web site without express permission is forbidden Bill Christy Project SM © 2006

Accordingly, whereas I have never granted you express permission to use the mark Bill Christy Project SM/TM or permission to link my web site I demand that you (1) immediately remove all references to the Bill Christy Project SM/TM on your web blog , or anywhere else on the Internet (2) immediately cease and desist posting any further reference to Bill Christy Project SM/TM on your web blog page, or anywhere else on the Internet,(3)immediately cease and desist posting links to the Bill Christy Project.com SM/TM © 2006 website, and (4)immediately remove the reference to Bill Christy Project SM/TM from the You Tube audio/video found at the following link: http://www.youtube.com/watch?v=0-mY_xCskXs

Yours Truly,
William Christy

Christopher King said...

Dear Mr. Christy:

I have notified Blogger.

I have notified Chilling Effects

NoticeID 31073.

We shall await the responses.

Christopher King, J.D.

Anonymous said...

The fair use defense in trademark law is not precluded by the possibility of confusion, according to the U.S. Supreme Court in 2004. However, courts may consider the possibility of confusion in analyzing whether a use is fair or not. Intent to sow confusion is also relevant; hence, the general rule that no more of the trademark should be used than necessary for the legitimate purpose.

You have no legitimate purpose for using my Bill Christy Project SM/TM name.


The fair use that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. Another balancing test occurs in the copyright domain, when analyzing whether a particular usage of a copyrighted work constitutes "fair use". It allows for uses "which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.

You are indeed exploiting and creating prejudice for myelf and my band memebrs and associates legitimate interests as a musicians and and performers.

Christopher King said...

8:56

You have called me a whole host of things so don't go crying now that I preserved the Record.

You telephone my friends like Ethnic Online's Leonard Webb and try to get them distanced from me, you meddle directly in my affairs and now you're upset because I caught you letting loose with the MF Bomb?

Negro PLEASE.

Let's let Google and YouTube decide.

-The KingCaster.

Anonymous said...

I never telephoned Leonard Webb. As far as Trent Berry he did indeed make me a friend in Facebook for over 1 1/2 months prior to your knowledge. We agreed mutually not to discuss you. It wasn't until you inserted your comments about on his wall that he deleted me, so if you must tell the story at least tell the truth. I have the facebook messages between the 2 of us to prove what was said between he and I. he had infact read your blog long before you knew he and I were even friends, and he had hoped that you could reslove your differences with me, and maybe even break bread, BUT you don't want that you thrive on confrontation and turmoil in your life.

Anonymous said...

I meddle in your affairs?

You are the one who ran his mouth to Lt. McNeil.
I never called Leonard Webb, and I challenge you to produce a sworn affidavit from Mr. Leonard Webb that I called him, which you can't because I have never spoke to the man.
You forget that you stated that if I did not make thing right with scribd.com you were going to continue your online harassment and stalking of me, which is exactly what you are doing.

Christopher King said...

I have relevant emails from Trent Berry and he most definitely took my side once he saw the material that you didn't show him.

You're getting upset and losing it, just as you accused me of doing at Citibank, what a trip Bill, what a trip.

And you're leaving out words you're so upset that I'm publishing all the hateful ad hominem vitriol and invective that you guys have hurled my way, like so much diarrhea coming out the mouth to quote Ditmar Kopf.

"It wasn't until you inserted your comments about on his wall that he deleted me.....

Huh?

I need more clarity to understand what you're talking about, Willis.

-The KingCaster.

Christopher King said...

Here's a possible solution:

You publicly renounce every negative thing you said about me that is not a proved fact and I will think about taking down the video.

Remember, even if they strike it I'll just do another one with your personal name, comes up in the search engines almost as well.

-c

Christopher King said...

11:24

I went to George McNeil only AFTER you said you were going to give him a holler because you know so many peeps in MA and I needed to "watch my step."

So naturally I gave him a heads-up that you were going to holler.

I'll find the Leonard Webb comment you made in which you directly implied that you corresponded with him and play it back for you.

-c

Christopher King said...

KingCast says it's "Nigger, Motherfucker, Penis, BBW, Wet Spot, Pussy, Balls, Teabag.... Shit Goddamn Piss Motherfucker Tits, it's George Carlin all over again!"

Those are all terms and concepts brought about by the Topix trolls, so hey let's run with it.

Who needs Howard Stern anyway ;)

-The KingCaster.

Christopher King said...

PS:

Bill Christy says I'm lawless, but that's not true.

As soon as he raised the issue I escalated it properly.

And I'm working right now to raise funds for re-admittance to the Bar and to pay off all outstanding court costs in Ohio -- they don't take installment payments so they sent money back that I sent them on prior occasion.

KingCast: Keep on keepin' on.

Christopher King said...

It's been three (3) full days now, and the video is still up and Blogger has not changed or deleted any of my posts.

Time will tell, but as I noted on Topix, it must infuriate him to no end that he is losing on an issue very crucial to him to a suspended attorney who allegedly doesn't know First Amendment or any other kind of law.

-The KingCaster

Christopher King said...

he had hoped that you could reslove your differences with me, and maybe even break bread, BUT you don't want that you thrive on confrontation and turmoil in your life.

10:51 AM
Delete

******

Dude I offered to set that up.

Break Bread?

You're more intrested in breaking wind.

Sad.

-c