Bob Brisco sends DMCA to Brandon Sheley?

This is true.
My host called me up today and said that Mr Bob Brisco sent him a DMCA notice for a post on vBulletinSetup.
I had quoted this blog post
Our Vision for vBulletin - Blogs - vBulletin Community Forum
linked to it, and linked to his Twitter account.
It had a dozen or so retweets, and each retweet had @bobbrisco it in, so he saw each retweet
I don't see why he sent the DMCA, the post was positive IMO, and I was happy to repost something positive in the whole iNet f-up.

Here is the actual update that I posted when I found out.. Which btw, was during a root canal..lol
http://twitter.com/BrandonSheley/status/5462778330
a link to vbsetup as well, but I've already posted everything here
http://forum.vbulletinsetup.com/f2/bobbrisco-sent-us-dmca-quoting-blog-31436.html

 

Wow, that's truly baffling. I just don't see how/why you are in violation when I'm sure that blog entry (among every other one on vB.com) has been re-published elsewhere via a RSS feed. :shrug:

 

Not to take sides here, but the AP has been using DMCA notices for just quoting snippets. They've even filed DMCA for just linking to a story before

AP Files 7 DMCA Takedowns Against Drudge Retort | Workbench

and you can find many more just like this.

 

I think it's odd as well, and rather surprising.
I mean.. we've had "leaked" images for months and I hear nothing, yet I repost a positive blog post and get the letter. :lol:

I'm guessing it was from the retweets, all the post had @bobrisco in them, he had to of seen the link.. but than again, it was a positive post.. I'm just as confused as many here are over the whole deal.

 

And if you read the DMCA you notice that using it for criticism is within your rights.

Plenty of guys on Youtube have gotten pegged for sending out 100's of wrongful DMCA's. Granted its harder to take on a larger corp. but that'd at least make them think for a second about it.

If you're posting something with no response to it and to basically just duplicate the content it can be grounds for DMCA, I didn't see Brandons post but if he put just the entire article and didn't use it for comments or criticism then they've got a "right" to file it.

I never saw the article so I'm not sure, but I'm sick of all these idiots sending C&D's and DMCA's just to intimidate smaller guys into submission.

 

This is exactly why DMCA doesn't work.
Firstly, you can't file something like this over something that is published, and distributed globally, INTENDED to be redistributed in forms such as RSS. This will get nobody anywhere at all.

Secondly, the only way they can make this successful is to do this to ALL individuals using their rss feeds like this, which will involve alienating more of their customers. They've already alienated enough of them with the debacle as it is, and I'm sure this will just add more fuel to the fire that they have had going since May. At some place, the company will burn down, right?

 

I just want to clarify..
The post wasn't from a feed, I went to the vb.com blog (linked in my post above) and copied his whole post, included a link back to the blog post as well as his twitter account.
Here is the post
Twitpic - Share photos on Twitter
sorry it's so small, but had to use the whole screen to get all the text.
I had asked on twitter if Mr. Brisco was going to send DMCA notices to all the sites that use the vb.com announcement feed on their sites, like vBulletin.org for example
Official vB.com Announcements - vBulletin.org Forum

 

Is there a difference between using a RSS feed vs. Quoting explicitly?


(double----uuuuu----ttttt----ffff?)

 

Maybe that's the issue then - that you manually copied/pasted it rather than it appearing within a feed. :shrug:

Although, I don't see how that can make much of a difference, to be honest.

 

LOL - posted at the same time. That's really the only reasonable explanation I can devise with the information that has been made known to me. If it is the issue, then I just don't see how it's that big of a deal.

 

So what's Bob gonna do?

 

Well, it's not like he tried to claim it as his, he actually posted it and posted links to the original, sooooooo, there's no infringement involved here.

Honestly, this needs to be handled through legal channels at this point, because he's doing something that affects not just you, but every forum that uses their feed. Yes, I know, it's slightly different, but not so much, and if he's going to do this to you, he's got to do this to every forum copying their feeds, legally.

 

The only thing I can ascertain from this difference is that in the latter, quoting material can be changed. An RSS feed content cannot -- comes from original source.

Even the link back does not guarantee that readers will go see it even though it is done for a convenience.

 

Well that just goes to show me what type of leadership vbulletin is under and why they are being so unprofessional. Goodness grief.

 

Amazing. Talk about biting the hand that feeds you. I think Mr.Brisco needs to take some time off and relax and realize he pulls his pants on one leg at a time just like everyone else

 

Presumably he would make life uncomfortable for Brandon on vb.com and vborg.

The real question is what is he going to do when dozens or hundreds of unhappy people start quoting his blog on other sites just to annoy him.

 

I can see that 2nd thing happening. Much like the people of Tehran during this past summer. Except in this case, the users will end up winning, I think.

 

There is nothing he can do. It isn't stolen infromation, it is public. Bob seems to be throwing a tempertantrum because his company is falling apart. (I would like to say kudos to Bob brisco on a job well done, attack your customer base.)

 

I know he can't do anything. Like I said, I don't know much about law, but this is pretty out there. An RSS feed can be edited, it doesn't matter. There is no such thing as unedited when it comes to internet communication.

That's why I said "What's Bob gonna do?"

It's a line from an American TV advertisement. I'll let you figure out which one.

 

I didn't see the article either, and thats why I didn't comment on the situation beyond a "thats crazy."

Hopefully though it's not the start of whats to come from IB and they don't start sending these to other 3rd party sites as well. I also find it amusing that even with the leaked content, "vbulletin" in the domain name, and other area's where they could have an easy DMCA, he chose a simple repost from a feed.

Here is a helpful post for anyone wanting to fight back against a DMCA notice: http://www.adminaddict.net/forum/security-legal-disputes/how-fight-back-legally-against-dmca-4648/