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by jacquesm
4384 days ago
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I call them as I see them. If you want to characterize reocities.com as a copyright infringement case then I invite you to sue. I take it you have a similar attitude towards archive.org? SEO's act the same way arms dealers act during an armed conflict. They will happily sell their weapons to all sides while they profit without creating any value for anybody. I don't care one bit about how much traffic google sends me on either ww.com, reocities.com or any of the other web properties that I maintain, I've yet to 'SEO optimize' anything and I feel that SEO's are as an industry just one notch above mass spammers. In some cases worse than spammers (because they actively destroy good websites). I tend to be rather black-and-white about this because as a webmaster I have to fight these jerks on a regular basis and it tends to show in how I write about them. Consider me pissed off. I feel like I'm in the middle of a shoot-out between Google on the one side, and a bunch of over-active greedy script kiddies and their customers on the other. If you feel SEO can do good show me an example where an SEO achieved value creation rather than shifting around a percentage in some zero sum game. The only value SEO's create is for themselves. |
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Considering reocities vs. archive.org and in light of copyright law:
Is reocities a registered non-profit organisation? Do archive.org do this - http://imgur.com/vKHha2M to pages to add donation links? (Answer: https://web.archive.org/web/20100218100003/http://www.geocit...). This used to be called "framing" and was considered about the scummiest thing domain owners could do - wrap other peoples content in a frame that was intended to harvest money, or rebadge, without doing anything else.
This was just a random page choice (the imgur.com) link. It's interesting to note they expected the page to be withdrawn, except now it's still here. Archive.org record, at least, that the content owner removed all content and the [new?] domain owner 302ed the site to http://www.ki-society.com/english/.
Archive.org, along with Google, at least at some point was committing copyright infringement in the USA I believe. In the UK (probably NL too by virtue of EU legislation) both these bodies, and the likes of reocities, definitely are still acting tortuously. In USA Field vs Google established a change to the Fair Use rulings that considered SERPs to be transformative and that cached copies - as temporary and unmodified (neither of which reocities pages are) - should be allowed in view of the transformative nature (the court effectively asserting that Google's copy wouldn't be used for content viewing !!).
Internet Archive were sued in 2007 by Shell, http://archive.org/post/119669/lawsuit-settled, and settled stating that Shell's copyright was "valid and enforceable". Internet Archive were sued in 2005 (Healthcare Advocates v.) for failing to remove past archives when a site owner had updated their robots.txt - clearly reocities have no way of assessing a current content owners wishes as to continued archiving.
There is a library exclusion in the USC for archiving digital content (http://fairuse.stanford.edu/2003/11/10/digital_preservation_...) but it requires the content to be kept off-line and only accessible by those physically present. This could be used, or donation of the content to Archive.org or such, if the purpose of the reocities project was simply preservation for posterity.
Aside: The facts of tortuous infringement aren't at all related to my ability to raise finance and sue you on behalf of those content creators whose content you copied without permission (AFAICT none of my content made it through FWIW). I have no wish to at this time. Although presumably I'd only need to issue a DMCA take-down notice as otherwise the domain itself could be targeted for take-down (as it's a .com). But, like Google, I don't think you care if reocities is copyright infringing, do you? You appear to consider the law to be errant and so choose to ignore it.
tl;dr reocities is not transformative (it's just a "framed" copy), is potentially modified without license, is commercial (ie is not registered non-profit and requests donations and is used for SEO purposes (eg footer links to an SEO!)). Ergo not Fair Use in USA (where the content was copied from).