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darkwolven April 7 2008, 11:00:45 UTC
Kumi,

I am only saying that there are two sides here and you both think you're right as a matter of fact. I have nothing against you other than I think reposting his posts, for whatever reason you had, I personally feel was wrong only because it leads to this kind of thing. I recognize you were certainly within your rights to do so, frankly because copyright doesn't touch this legally. Copyright law was primarily written to cover written text and it's about 20 years behind. It wasn't meant to cover forum postings like this, which is neither yours or his faults. However he certainly has the right to feel sore for your reposting his text and that was the risk you chose to take. His claim to LJ was a legitimate reaction to yours, and now people are upset because the way you both have acted. He seems to be getting the brunt of it though because his actions caused your journal deletion, but your actions were just as responsible for this outcome. LJ of course is notoriously bad for handling these kind of things poorly. That shouldn't necessarily look poorly on him because he didn't know the ramifications. He's posted that the outright removal of your journal was not his aim. I can believe that primarily because he doesn't strike me as the vicious type, but then again I don't know him.

At any rate, I hope you get your journal back. I'd hate to see 6 years of posts go *poof* over something like this. I think your stuff is wonderful and I look forward to seeing more of it when this all gets "back to normal".

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kumi_monster April 7 2008, 12:08:02 UTC
yes, i understand we both thing we're right.
but i did not make any sort of post in a public forum, i made them in my blog. he chose to respond to my post as well as engage other people posting within that thread.

considering the amount of change the world has gone through, copyright laws must move forward, and have done so in the digital age, albeit not as far as they should.

not only do i blog about things that happen in my life, but i also comment on party reports and such things in various countries, both have been published in actual print as well as online. one of the reasons why people might want to read what i have to say, might be because i am not as 'polite' as midori, and i'm not afraid to speak my mind , even if it is something that someone might not like.

of course he feels sore about my reposting of his initial posts. but i received no private communication from him to let them remain down, instead he went directly to Lj abuse and filed a complaint citing copyright infringement. i reposted them while being aware of my rights to do so - as far as i was concerned. therefore i am still willing to go to court in order to defend myself against these charges

rene could have done a number of things. he could have simply created his LJ and posted his own version there, which is what he did do. considering the amount of posting i do, he also could have simply let the whole thing go and it would have probably be back a billion pages by now.

at that point, people wouldn't care as much by then, and he could go on preparing for his big fetish weekend that's coming up in May. instead, it seems like all the major magazines and websites that deal with fetish happenings are wanting to know what's going on. unfortunately, since my LJ is suspended, i can not direct to an easily accessible link. A few of them were also present at the fetish event a couple weeks ago and have also prepared their reports for their magazines, etc. including their copies of the paperwork that i mentioned previously in regards to the closing down of the fetish party. Rene is going to have a hell of a time chasing all of them down.

honestly, i dont know if i would even if he had asked me in private to allow is posts to remain deleted, most likely not because i am also familiar with his previous dealings for the past 5 years or so in regards to the fetish evolution event and his german fetish ball event. i have also worked for him and had some slightly negative dealings with him so that is one reason why i dont work for the GFB (one incident i remember actually happened during the weekend midori and i performed in berlin).

i have never told anyone to not go to the event, as it is fun and also, torture garden hosts a room there and i also work for them more than any other fetish event in the world, not only as a performer.

he has been going thru the german speaking forums claiming such violations and demanding forum hosts to delete any sort of negative post about him or his event. i truly believe that he thought he could silence me in the same way he did to those websites by starting a process that would instill a threat of legal action and whatever other problems could ensue.

i dont believe his claim is a legitimate one because he did not read the ToS of LJ, nor the laws they must adhere to. In regards to US copyright law, fair use, and the DMCA, he himself has stated he was not familiar with or had heard of them before.

if i decided to file an abuse report that was legally binding, then i would make sure to know the ramifications of what those actions could be - as much as i could, and i would also get legal advise on it. he did neither. I think if i decided to go reporting people of violating their rights, i had better be familiar with what those charges actually entail.

i do agree that he did not think my journal would be deleted (it's only temporary), but again, he also thought i would back down under his charge of "copyright violations" and possible threat of legal action.

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kumi_monster April 7 2008, 12:09:14 UTC
gah. sorry. typos. used to my perm account. this free one has no edit option

"yes, i understand we both thing we're right."

*THINK*

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darkwolven April 7 2008, 14:52:56 UTC
Heh, no problem. I get what you're saying about Rene and that does fill in a few blanks. It did seem to be part of a previous disagreement going on here with the way things transpired.

Hopefully you'll get your account back soon. In the meantime, try using Semagic for your posting (Windows). It has all the editing capability you might need. It doesn't help with replies in other people's journals, but any that you own or groups you belong to can be posted to directly from the program without using the LJ web interface. Also, you can switch between "what you see is what you get" mode and HTML, so you can edit and then copy/paste the HTML into LJ for other replies and it has spell check too. If you use Mac, I'm sure there's something out there just like it.

http://semagic.sourceforge.net/

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