[HN Gopher] Patent Trolling's twin: Copyright trolling
       ___________________________________________________________________
        
       Patent Trolling's twin: Copyright trolling
        
       Author : Stevvo
       Score  : 226 points
       Date   : 2021-06-22 09:22 UTC (1 days ago)
        
 (HTM) web link (austinmeyer.com)
 (TXT) w3m dump (austinmeyer.com)
        
       | _fat_santa wrote:
       | I wonder. With these floor plans being so vague, could the
       | defendants being sued for copyright infringement just argue that
       | these copyrights were so vague that they accidentally copied
       | them?
       | 
       | That is, say there is a plan on their site for a 2BD/2BA house,
       | the floor plan is very simple and a builder that is unaware of
       | this company ends up copying the floor plan for no other reason
       | that it happens to be a very common floorplan. Could this company
       | still pursue damages?
       | 
       | When we think of copyright we often think of companies like
       | Google copyrighting the word "Google". Now you can't go out and
       | use "Google" in your own work, it's pretty dang obvious. But what
       | if Google copyrighted the "Google Grilled Cheese Sandwich" which
       | is just a regular grilled cheese sandwich, could they really go
       | after folks who just happened to make the exact same grilled
       | cheese sandwich just because making one is pretty obvious.
        
         | danaris wrote:
         | > When we think of copyright we often think of companies like
         | Google copyrighting the word "Google".
         | 
         | That's trademark.
         | 
         | Copyright is for a creative work of some kind.
         | 
         | > But what if Google copyrighted the "Google Grilled Cheese
         | Sandwich" which is just a regular grilled cheese sandwich...
         | 
         | ...and this sounds like you're referring to patent protection,
         | which is for an invention.
        
         | badRNG wrote:
         | One regrettable thing that seems to happen here a lot is that
         | pedants will swarm to address some relatively irrelevant
         | misunderstanding made in a genuine question relevant to the
         | article _without ever addressing the question being asked._
         | 
         | I think the commenter gets it, Christ for the fifth time now
         | yes, there's a difference between copyright and trademark. You
         | can't copyright a word, got it. Now that we have that bit of
         | pedantry thoroughly out of the way, I have the _exact_ same
         | question as the one above:
         | 
         | >That is, say there is a plan on their site for a 2BD/2BA
         | house, the floor plan is very simple and a builder that is
         | unaware of this company ends up copying the floor plan for no
         | other reason that it happens to be a very common floorplan.
         | Could this company still pursue damages?
        
           | bluGill wrote:
           | Floor plans are not copyrightable. The blueprint might be -
           | but that includes things like "Joe's architecture services"
           | which wouldn't be on your copy, and the dimension markings
           | would be in different places (unless the placement is
           | standardized in which case the placement is not creative and
           | thus not copyrightable).
           | 
           | The floor plan is probably subject to patents. I don't think
           | anyone has done this, but I don't see why it isn't possible.
        
             | badRNG wrote:
             | The article (and I'm not sure how accurate this is) seems
             | to be claiming the houses themselves are in violation of
             | DesignBasics' copyrights:
             | 
             | >Now, with these simple, vague floor-plans (not full
             | architectural drawings!) out there for everyone to see...
             | they look for someone to actually build a house that has a
             | similar layout, and then jump in with the lawsuit!
             | 
             | Are they just hoping every builder will settle out of
             | court?
        
               | zentiggr wrote:
               | That's pretty much the business model. Cost of settling
               | can be less than the cost of defending the suit.
               | 
               | Every case where someone with pockets deep enough, holds
               | out and gets a judgment against the troll - especially
               | with legal costs included - is a huge blow to their
               | business. And a single case that doesn't go their way is
               | often enough to shut down their business and poof.
               | 
               | Hope one of Design Basics's defendants is in a position
               | to say Enough!
        
               | jdironman wrote:
               | That's probably why floor plans are only for 4 BR or less
               | homes. Middle class, upper middle class maybe. Most
               | likely the kind of people without deep pockets.
        
             | ddingus wrote:
             | Could potentially be a design patent, given said plan has
             | some form and specific function that is not obvious.
        
               | bluGill wrote:
               | Potentially, but there are so many houses that it gets
               | hard to find something that won't be laughed out of
               | court.
        
               | ddingus wrote:
               | Right! I agree, and really was just stating the only
               | possibility I see.
        
           | stonemetal12 wrote:
           | Clean room reverse engineering is a valid protection against
           | copyright claims. So as long as whoever drew the plans didn't
           | know about the original they are safe. Even if the builder
           | had a copy of their plans and gave whoever did the drawings
           | leading instructions to get them to draw something similar to
           | the original.
        
             | aidenn0 wrote:
             | That's probably why they mass mail these plans to
             | homebuilders, to make it harder to prove they didn't copy
        
           | HotHotLava wrote:
           | > That is, say there is a plan on their site for a 2BD/2BA
           | house, the floor plan is very simple and a builder that is
           | unaware of this company ends up copying the floor plan for no
           | other reason that it happens to be a very common floorplan.
           | Could this company still pursue damages?
           | 
           | No. The ruling in this case actually covers this in detail:
           | Proving copyright infringement is a two-step process, first
           | you must prove that something was _actually copied_ and then
           | that the copied portion was substantial enough to constitute
           | infringement. But the first part is a necessary precondition,
           | without copying there 's no infringement. They give the
           | example of two comic book authors inventing a character
           | called "Dennis the Menace" independently on the same day.
        
         | extra88 wrote:
         | > Google copyrighting the word "Google"
         | 
         | You can't have a copyright on a word. You're thinking of
         | another category of intellectual property, trademark. Google
         | has a trademark for the word "Google" but trademarks are for
         | specific uses of words related to the business. The intent of
         | trademark law is a form of consumer protection, you can't fool
         | the public that your product or service is offered by the
         | trademark holder by using the trademarked term.
        
           | mkr-hn wrote:
           | This is the same reason there can be huge, famous,
           | influential companies with the same name in different
           | industries.
        
         | bena wrote:
         | You're confusing trademark with copyright.
         | 
         | Google can't copyright "Google". That's not how it works.
         | Google would apply for trademark protection on the wordmark,
         | Google in relation to search and/or advertising. The USPTO has
         | all the details if you can handle searching their site (it's a
         | bit of a mess).
        
           | fortran77 wrote:
           | You're confusing the word "copywrite" (to write copy) with
           | "copyright" (the right to make copies of a creative work).
        
             | bena wrote:
             | I did make that mistake in one spot.
        
         | taeric wrote:
         | Nit:. Google is trademarked. Copyright is a different thing.
         | 
         | And pretty sure independent creation is a valid thing. Is how
         | the initial pc clone industry got its start.
        
         | pbhjpbhj wrote:
         | >so vague that they accidentally copied them? //
         | 
         | No, but you're on the right track.
         | 
         | Copyright covers copying, if you didn't copy _and can prove it_
         | then that 's an absolute defence (see eg WIPO PROOF).
         | 
         | Copyright being a tort, the usual measure of proof is 'balance
         | of probabilities'. That means if you didn't copy, but you
         | _cannot_ prove you didn't, and it looks like you probably did,
         | then a court can find against you.
         | 
         | There is also the notion of _distinctiveness_ , generic, non-
         | creative things don't acquire copyright ("common elements";
         | trademark has similar aspects, it's hard to word things without
         | confusing the two, they're differently concepts with the same
         | names).
         | 
         | However, in 2012 there was a case in UK law over an image of a
         | London bus, where a re-creation of the image was used
         | commercially. The copyright in the original photo was
         | considered to be infringed despite the image being highly
         | generic (Temple Island V New English Teas, 2012). A lot of
         | people, myself included, are not convinced of this decision
         | (see also Kenrick V Lawrence).
         | 
         | USC and UK law differ, but as copyright is based on
         | international treaties such as Berne Convention and TRIPS you
         | find they're broadly analogous in a lot of ways; I can't
         | comment on where the line lies in USA law.
         | 
         |  _This is my personal opinion, unrelated to my employment; this
         | is not legal advice._
        
         | [deleted]
        
         | gnopgnip wrote:
         | Independent creation is a defense to copyright infringement
        
         | fortran77 wrote:
         | I can assure you that "Google" never "copyrighted" the word
         | "Google."
        
       | jermaustin1 wrote:
       | Copyright trolling cost me a fairly successful blog my wife ran.
       | The ads paid out more than hosting cost! She had shared an image
       | from a girl who took the photo with permission, but then that
       | girl sold the photo to a copyright troll who then sent a demand
       | letter. Either pay a yearly license of $1750 and a back-pay for
       | the 4 years it had been hosted, or get sued. I retained a lawyer
       | to prepare for lawsuit because we were given permission by the
       | author to use the photo, had email proof. But after a few months
       | of back and forth, we ran out of money to keep fighting and had
       | the lawyer negotiate just killing the site.
        
         | beervirus wrote:
         | If the facts are really so clear-cut, it sounds like your
         | lawyer did not do a great job.
        
           | jermaustin1 wrote:
           | My entire instruction was to do everything to avoid court. I
           | didn't want to get tied up in court.
        
             | munk-a wrote:
             | I know there's a lot of backseat lawyering going on in this
             | thread but you probably took precisely the right action.
             | Patent trolls have war chests to weather the occasional
             | lawsuit and it's likely they could've outspent you on
             | appeals.
             | 
             | There are many people two decades into civil suits that
             | have experienced a level of pain you thankfully dodged. It
             | is really regretful that the troll forced a full site take
             | down but the legal system can be a harsh mistress - at
             | least you're not penniless.
        
             | beervirus wrote:
             | If you have a license to the photograph, why not just send
             | proof of that to the troll and threaten them with Rule 11
             | sanctions if they sue you? I have to think anybody with a
             | brain would just drop it at that point.
        
               | jermaustin1 wrote:
               | Our "license" was the "photographer" replying to an email
               | saying it could be posted on our blog. It was just a
               | cellphone photo of Robert Pattinson in nyc. Troll
               | wouldn't even let me remove the post. Eventually they
               | just took the loss and let me kill the site.
        
         | [deleted]
        
         | Thiez wrote:
         | In a reasonable world, shouldn't the copyright troll be suing
         | the girl instead? Presumably she sold the troll an exclusive
         | license (otherwise the copyright troll wouldn't be interested
         | in obtaining the license) which she must have lied about
         | because she had already licensed the photo to your wife.
        
           | hhjj wrote:
           | well i think the defense lawyer was a bit disingenuous. I
           | guess the only step should have been to confirm the agreement
           | with the girl, forward it to troll and then tell them you
           | have a license so get lost or see you in court. But it looks
           | like they didn't go to court at all...
        
             | teawrecks wrote:
             | My understanding is that the troll would love to take it to
             | court and keep it there until you can't afford to fight
             | anymore.
        
               | munificent wrote:
               | Court costs trolls too. They don't want things in court.
               | They want you to settle.
        
               | munk-a wrote:
               | Trolls adore it when people settle out of court - but the
               | cost of occasionally bankrupting people to scare everyone
               | else into compliance tends to be accepted.
               | 
               | Bear in mind that a lot of times the patent troll either
               | has a practicing lawyer on staff or has an intimate
               | relation with one - so they're considering the cost of
               | labour rather than the market rate.
        
         | fny wrote:
         | I have been in this situation. If you have this level of
         | evidence, you absolutely do not need a lawyer. Let me guess,
         | BWP Media?
         | 
         | The minute they try to get a court to take the case, it'll get
         | knocked out. (They know this by the way.)
         | 
         | Now let's say this isn't the full story and little girly sold
         | the picture to you after having given the rights to the
         | copyright troll...
         | 
         | ...then you take the hit and take the girl to small claims
         | court.
        
           | coolsunglasses wrote:
           | Counter-party risk. 9/10 times you won't get the money back
           | from the girl.
           | 
           | You're right about the case getting tossed in most
           | circumstances but you can suss that out by asking for proof
           | of when they bought the copyright from the girl and checking
           | the effective date.
        
         | generationP wrote:
         | Killing an entire site because of one photo?
        
           | jermaustin1 wrote:
           | It was too much work to fight and they wouldn't accept
           | removing only the offending post. I'm sure if I wanted to go
           | to court I would have won but at what cost?
        
             | lethologica wrote:
             | Why couldn't the photo just be replaced with another?
        
               | jermaustin1 wrote:
               | Troll wouldn't even let me remove the post. Eventually
               | they just took the loss after months (a year?) and let me
               | kill the site.
        
         | float4 wrote:
         | Atrocious that such a trivial case cost you so much money that
         | you actually lost (not strictly, but it must've felt like a
         | loss).
         | 
         | My dad is currently suing has past employer (the state). It's
         | taken two years so far and they try to screw him over in
         | whatever way possible. Luckily the union is paying for his
         | lawyer, so he doesn't really care.
         | 
         | As someone in his early twenties who knows very little about
         | law, the way such cases go down is mind-blowing to me.
        
         | Trias11 wrote:
         | Could you "transfer" the blog to another entity registered
         | overseas to make it really expensive for troll to pursue?
         | 
         | There must be other approaches not to win but make it very
         | expensive for troll to proceed.
        
         | copywrong wrote:
         | Perhaps naive... but in a case where it is so plain that there
         | is no case to answer, what is the rationale behind hiring
         | lawyers rather than simply filing court documents yourself if
         | they _do_ sue? The copyright troll was looking to make money:
         | shutting down your site didn't do anything for them -- it was
         | likely just a negotiating tactic that went awry when you called
         | their bluff (actually shut down the site).
        
           | rhino369 wrote:
           | Federal civil courts aren't a small claims court. The rules
           | aren't easily understood and are full of pitfalls that trip
           | up even experienced litigators. Your answer to a complaint
           | needs to address every single allegation AND raise all
           | affirmative defenses--or they could be waived.
           | 
           | You are pretty likely to foot fault and end up just putting
           | yourself in a worse negotiating position.
           | 
           | Trolls already have pre-made complaints, discovery requests,
           | etc. already lined up. You'll have to work a long time to do
           | what they can in a couple hours.
        
           | a4isms wrote:
           | The fact that we ask this question leads us to asking, "Who
           | is the best person to answer the question of whether it's a
           | good idea to file the documents yourself, and if so, how
           | things are likely to go over the next ___ years of
           | litigation?"
           | 
           | And the answer is... A LAWYER EXPERIENCED IN COPYRIGHT AND
           | INTELLECTUAL PROPERTY LITIGATION.
           | 
           | That answers your question for me. In cases roughly similar
           | to this, I have begun with a lawyer. Yes, there are two times
           | I recall where they said, "Do it yourself, but watch out for
           | X or Y, and call me back if Z." That alone justified what I
           | was paying for the first proper, clock is ticking,
           | consultation.
           | 
           | What happens after the first consultation would depend upon
           | the case.
           | 
           | INAL, YMMV, &c.
        
             | tehwebguy wrote:
             | IMO it's also very important to be incredibly hands-on, to
             | manage your attorney after getting them to explain the case
             | to you.
             | 
             | When hiring one of the best attorneys to defend the type of
             | action brought I had to be very clear about what they were
             | to do in between our calls (ask the third party to agree to
             | drop it if we get plaintiff to drop it, ask plaintiff these
             | questions, if they don't do X we will do Y, offer them Z).
             | 
             | It was also important to stop them from taking pointless
             | actions that would have cost tons of hours: do not read the
             | discovery (hundreds of pages of details that wouldn't
             | change things), do not read the third party's ToS looking
             | for a loophole (another ~50 pages) as the company likely
             | had already spent hundreds of thousands writing it and
             | millions testing it in court.
             | 
             | We would have done those things if necessary but they
             | didn't need to be done simultaneously and the settlement
             | attempts paid off immediately. It was not an IP case and I
             | don't think it had merit, but it would have likely cost at
             | least a little more (or possibly much, much more) just to
             | find out and I wasn't interested in finding out. It was not
             | a scenario where some floodgates could be opened if we
             | settled.
        
               | paulryanrogers wrote:
               | > IMO it's also very important to be incredibly hands-on,
               | to manage your attorney after getting them to explain the
               | case to you.
               | 
               | Wow. So now you almost certainly have to have a lawyer
               | because of byzantine 'tested' language _and_ you have to
               | nanny them to avoid getting soaked for billable hours!?
               | 
               | It feels like such a racket.
        
               | Negitivefrags wrote:
               | This is true of basically all professional services that
               | you hire.
        
               | a4isms wrote:
               | A velvet glove around what you just said is that it's
               | like you are a product owner, and the lawyer is a pure
               | engineer.
               | 
               | They are the expert in implementing the business outcomes
               | you want, but you and only you know all the context
               | required to take the tradeoffs your lawyer articulates,
               | and decide which tradeoffs to make.
        
           | anotherman554 wrote:
           | If parent was incorporated and the corporation was sued they
           | cannot defend the corporation without a lawyer. They can
           | defend themselves as individuals without a lawyer if sued
           | individually.
           | 
           | Of course the copyright troll may never have sued. But your
           | lawyer will happily charge an hourly rate to repeatedly write
           | letters saying "If you sue us we will win!"
        
             | thatguy0900 wrote:
             | I'm curious what the rationale is for the corporation. Why
             | can't a ceo represent his own company?
        
               | anotherman554 wrote:
               | I imagine the theory is unless the CEO owns 100% percent
               | of his company it's not his company. He's engaged in
               | unauthorized practice of law and screwing over his
               | investors since he has no idea how to practice law.
               | There's also the fact that lawyers have background checks
               | before getting a law license, and if a CEO could practice
               | law without a license it would potentially be a big
               | loophole for fraudsters and other known criminals who
               | commit fraud to be able to practice law.
        
               | jonas21 wrote:
               | Even if the CEO owns 100% of the corporation, it's still
               | a separate entity. That's one of the benefits of
               | incorporating - when someone sues the corporation, they
               | can go after its assets, but not the CEO's.
               | 
               | But that means the corporation gets treated like a
               | separate person. And just like you can't represent your
               | friend in court (unless you're a lawyer), you also can't
               | represent your corporation.
        
           | SerLava wrote:
           | Patent law was designed for giant companies to stop other
           | giant companies from using their stuff.
           | 
           | Nobody could really "publish" things on their own.
           | 
           | And the fact that it's overbearing for normal people is now a
           | feature rather than a bug.
        
             | munk-a wrote:
             | Patent law has evolved into that - but it was designed for
             | independent creators to stand up to giant corporations that
             | want to steal their stuff.
             | 
             | It is terrible as it exists today but some form of device
             | patenting needs to exist.
        
           | dnautics wrote:
           | because (IIRC) if you win and you get a SLAPP judgement
           | against your harasser, then you be awarded a penalty. Depends
           | on jurisdiction, of course. Possibly not in federal.
        
           | [deleted]
        
           | sokoloff wrote:
           | Sending back a letter on a lawyer's letterhead is also a
           | negotiating tactic. It's probably what I'd have done as well.
           | Emailing back from joe_blow_blog_157@gmail doesn't send the
           | same signal as "deal with my lawyer; we think we're right;
           | what's your next move?"
        
         | mkr-hn wrote:
         | Let me guess: Getty Images?
        
           | jermaustin1 wrote:
           | I cannot disclose who, but it wasn't Getty or any of the big
           | names.
        
             | MikeUt wrote:
             | Those kinds of non-disclosure agreements should be illegal.
             | Not just unenforceable, but illegal, with penalties for
             | those that draft them. The public has a right to know the
             | abuse carried out in the name of its legal system.
        
               | munk-a wrote:
               | I disagree - that fact that a settlement doesn't deem
               | either party at fault is one of the big appeals. Making
               | settlement negotiations necessarily public will remove
               | that benefit in most cases.
        
       | frankincense wrote:
       | Does anyone know a good web accessibility troll to sue
       | designbasics for their site's accessibility violations?
        
       | kingsuper20 wrote:
       | Brilliant. It sounds a bit like those guys who brute-forced every
       | melody below a certain size.
        
         | tech-historian wrote:
         | Those melodies were used to fight copyright, not profit from
         | extortion. Different use case.
        
       | ysavir wrote:
       | Can anyone speak to the viability of fighting these cases in
       | court? Is it a sure win/loss? Is it guaranteed to take at least X
       | months and cost Y dollars?
       | 
       | If there were free resources online on how to fight these cases
       | in court, with information for both defendants and their
       | representatives, is there any chance of making it fast and cheap
       | enough that it won't be worth the troll's time?
        
         | cwkoss wrote:
         | All failed IP suits should have to pay attorney's fees for the
         | defendants and invalidate the IP that was claimed to be
         | infringed.
        
       | tzahifadida wrote:
       | I had a similar situation whereby someone sued me because i
       | worked with someone 10 years earlier and he was hoping to get
       | dirt on him by extorting me. I called my cousin and the deal was
       | that he will represent me and take the whole compensation for a
       | dumb ass lawsuit. Fortunately it worked and i saved about 8k$ in
       | legal expenses.
        
       | MikeUt wrote:
       | What's needed is a general defense against frivolous lawsuits.
       | Something like a pre-trial phase where you're represented by a
       | free public defender, and only if the plaintiff wins, can they
       | move on to a "real" trial.
       | 
       | Edit: I should add that this should not be used to punish the
       | plaintiff if they lose (or punish them very little), because that
       | would imperil legitimate lawsuits. If you had a valid case, would
       | you dare sue a multinational, if you knew losing the pre-trial
       | meant having to pay their overpriced team of lawyers*?
       | 
       | *As an aside, the defendant should only be allowed the use of the
       | free, public defender in the pre-trial, otherwise this pre-trial
       | would be treated as just another full trial, with all the expense
       | that entails.
        
         | pitaj wrote:
         | What if we just got rid of copyright? Alternative forms of art
         | monetization already flourish.
        
         | jtbayly wrote:
         | And if they lose the pretrial, the plaintiff has to pay all of
         | what they were suing for to the defendant.
        
         | InitialLastName wrote:
         | That, or severe penalties, including reimbursement of all legal
         | costs and the voiding of all copyrights owned by a firm that is
         | found to be attempting to enforce copyright frivolously.
        
       | jotadambalakiri wrote:
       | Obligatory: https://github.com/ASCII-Rightholders/the_characters
        
         | bogwog wrote:
         | Only $1000 for the rights to use ASCII characters? That's a
         | steal!
        
       | jedberg wrote:
       | I just checked out their website. There is another website called
       | floorplans.com which I'm pretty sure is legit (they will sell you
       | construction plans) and I found some very similar designs between
       | the two.
       | 
       | So Design Basics is either stealing their designs from elsewhere,
       | or as the article points out, their designs are so generic they
       | end up matching existing designs.
        
       | stefan_ wrote:
       | Remember there are people that spam Wikimedia and Flickr with
       | various CC-FZ-AT-UT-W2 licensed images, then use search engines
       | to identify misuse of their "work":
       | 
       | https://commons.wikimedia.org/wiki/Commons:Undeletion_reques...
        
         | mdasen wrote:
         | For those of us who don't know as much, could you elaborate? I
         | know "CC" is Creative Commons, but I don't know what FZ-AT-
         | UT-W2 are.
         | 
         | From the link (which can be hard to grok for people like me who
         | are unfamiliar with Wikipedia processes), it looks like there
         | are users who upload images and mark them with a free license
         | and then try to sue people who re-use the photos on other sites
         | for minor infractions of the license terms.
         | 
         | It seems that while the images may legitimately be licensed as
         | Creative Commons, the user takes a very strict view of the CC
         | licensing and sues people for minor infractions. "re-users have
         | complained about receiving costly cease and desist orders on
         | behalf of this Flickr-user for minor infractions of the
         | licensing terms." (https://commons.wikimedia.org/w/index.php?ti
         | tle=Commons:Admi...) Because the CC license's attribution
         | requirements can often be a bit hazy or difficult to comply
         | with, it makes it easy for someone to claim that the copyright
         | has been infringed for "minor" infractions.
         | 
         |  _You must give appropriate credit, provide a link to the
         | license, and indicate if changes were made. You may do so in
         | any reasonable manner, but not in any way that suggests the
         | licensor endorses you or your use._
         | 
         | That's some of the guidance from the CC license page. It would
         | be easy for someone to re-size the image and not indicate that
         | changes were made, not include the title of the work, etc.
         | There are whole pages about how you should attribute things
         | depending on what information is available:
         | https://wiki.creativecommons.org/wiki/License_Versions#Detai...
         | 
         | https://en.wikipedia.org/wiki/Main_Page#/media/File:Ryan_Cro...
         | 
         | I'm literally looking at the featured photo from the "In the
         | News" section of English Wikipedia right now. It has an
         | attribution source of http://agenciabrasil.ebc.com.br/rio-2016/
         | foto/2016-08/noite-..., but that page doesn't exist when I try
         | to view it.
         | 
         | Looking at the "more details" page, it gets confusing. What is
         | the "title"? Do I have to duplicate author information if it's
         | in the title? Given that the photo, "has been extracted from
         | another file," I guess I'd have to cite both the original and
         | the derived work if I were to re-use it.
         | 
         | Based on the attribution comparison chart, I think I'd have to
         | write something like:
         | 
         | "This work, 'Ryan Crouser in 2016' (https://commons.wikimedia.o
         | rg/wiki/File:Ryan_Crouser_Rio_201...) by Materialscientist
         | (https://commons.wikimedia.org/wiki/User:Materialscientist) and
         | licensed under CC-BY 3.0 BR
         | (https://creativecommons.org/licenses/by/3.0/br/deed.en), is a
         | cropped version of 'Rio de Janeiro - Norte-americano Ryan
         | Crouser bate recorde olimpico e leva ouro no arremesso de peso
         | nos Jogos Rio 2016, no Estadio Olimpico. (Fernando
         | Frazao/Agencia Brasil)' (http://agenciabrasil.ebc.com.br/rio-20
         | 16/foto/2016-08/noite-...) by Reporter Fotografico, Fernando
         | Frazao/Agencia Brasil used under CC-BY 3.0 BR
         | (https://creativecommons.org/licenses/by/3.0/br/deed.pt)."
         | 
         | What if I just casually grabbed the photo and linked to the
         | Wikipedia page? I think most Wikipedia people would be like
         | "eh, close enough". I think some might send me an email being
         | like, "Could you please put my name next to the link? Thanks!"
         | 
         | Oops, actually, my attribution is wrong! I haven't put in the
         | copyright notice which is, "EBC-EMPRESA BRASIL DE
         | COMUNICACAO/Agencia Brasil. Uso sob a Licenca Creative Commons
         | Atribuicao 3.0 Brasil. CREDITO FOTOGRAFICO OBRIGATORIO:
         | FERNANDO FRAZAO/AGENCIA BRASIL"
         | 
         | Let me correct that:
         | 
         | "This work, 'Ryan Crouser in 2016' (https://commons.wikimedia.o
         | rg/wiki/File:Ryan_Crouser_Rio_201...) by Materialscientist
         | (https://commons.wikimedia.org/wiki/User:Materialscientist) and
         | licensed under CC-BY 3.0 BR
         | (https://creativecommons.org/licenses/by/3.0/br/deed.en), is a
         | cropped version of 'Rio de Janeiro - Norte-americano Ryan
         | Crouser bate recorde olimpico e leva ouro no arremesso de peso
         | nos Jogos Rio 2016, no Estadio Olimpico. (Fernando
         | Frazao/Agencia Brasil)' (http://agenciabrasil.ebc.com.br/rio-20
         | 16/foto/2016-08/noite-...) by Reporter Fotografico, Fernando
         | Frazao/Agencia Brasil used under CC-BY 3.0 BR
         | (https://creativecommons.org/licenses/by/3.0/br/deed.pt) with
         | the copyright notice, 'EBC-EMPRESA BRASIL DE
         | COMUNICACAO/Agencia Brasil. Uso sob a Licenca Creative Commons
         | Atribuicao 3.0 Brasil. CREDITO FOTOGRAFICO OBRIGATORIO:
         | FERNANDO FRAZAO/AGENCIA BRASIL'."
         | 
         | DONE! Wait... the copyright notice specifies, "FOTOGRAFICO
         | OBRIGATORIO: FERNANDO FRAZAO/AGENCIA BRASIL", but the "author"
         | is listed as "Reporter Fotografico, Fernando Frazao/Agencia
         | Brasil". Do I go with the author as specified in the image or
         | with how the CREDITO specifies it? I'd think I should go with
         | how the CREDITO specifies it, but I definitely didn't see that
         | initially.
         | 
         | For those that think I'm being pedantic, I am. However, as one
         | person noted: _As not all of you may know, the copyright law of
         | Germany and Austria allows the copyright-holder to issue a so-
         | called Abmahnung (sort of Cease and desist) against anyone who
         | in his opinion infringes his copyright, without first calling a
         | court. The typical cost of an Abmahnung is between 500 and 1200
         | Euros for 1 image. As no court is involved, there is no
         | independant evaluation of the case. Many people pay the amount
         | requested in order to avoid going to court, as this might be
         | even more costly. IANAL._ (https://commons.wikimedia.org/w/inde
         | x.php?title=Commons:Admi...)
         | 
         | I understand that maybe you could fight it and win in court.
         | However, the complexity of the attribution requirements do
         | allow a bad actor to be evil to people while claiming to be
         | legitimate. Given that users have been complaining that this is
         | actually happening, it's somewhat worrying.
         | 
         | I'm not trying to sound negative about anything other than the
         | fact that it's easy for trolls to "well technically" people. If
         | I used the cropped Wikipedia photo and didn't note the
         | modification, but did properly attribute the title, author, and
         | original URI (which seems to be a dead link), am I using it
         | wrong? Well technically I would be since it was modified and I
         | didn't note that (and didn't provide credit to the modifier).
         | It would be an easy mistake to make: grab the author, title,
         | and URI from the Wikipedia page and I think I'm done! I think
         | most courts and the CC folks would be like, "c'mon, they put in
         | a good faith effort and yes they need to correct it, but they
         | shouldn't be subject to thousands of dollars in penalties!"
         | However, courts aren't cheap and there's a lot of risk.
        
           | ghaff wrote:
           | I'm willing to bet that, to a first approximation, even
           | people who go out of their way to credit photographers almost
           | never get the exact form of the attribution 100% correct.
           | 
           | Furthermore, no one--including CC--understands what non-
           | commercial means. (There were protracted discussions on this
           | before CC 4.0 and CC basically punted.) For everyone who says
           | it's fine so long as you don't actually sell the photo, there
           | will be others who say you can't use it even on a little blog
           | that runs ads. And everything in between.
        
           | biztos wrote:
           | A friend of mine had the Abmahnung thing happen to her.
           | Accidentally included a photo without permission, in a batch
           | of photos she otherwise had permission for, in a portfolio of
           | architectural work. After a few years she got a claim for a
           | couple grand.
           | 
           | She was lucky in that the request came from the actual
           | photographer, so she was able to negotiate a "fair"
           | settlement of about 400EUR IIRC, this was over 10 years ago.
           | 
           | Thing is though, she at least understood she was in the
           | wrong. Try explaining to the average Instagram celebrity that
           | every single post is in fact a copy and you don't
           | automatically have permission to copy something just because
           | you saw it on the internet. I guess Facebook's legal
           | department just bats that stuff away or something.
        
         | nicbou wrote:
         | I was smacked by one of those:
         | https://allaboutberlin.com/guides/abmahnung-creative-commons
         | 
         | I'm much more careful about which images I use since then, and
         | made a habit of releasing my own images with a CC0 licence.
        
         | eli wrote:
         | I can't prove it, but I'm pretty sure I saw someone post photos
         | to wikimedia under a CC license. But then later claim that
         | person was an imposter and wasn't authorized to do so. Now they
         | get to make claims against anyone who, in good faith, used the
         | wikimedia image believing it to be CC.
        
       | ttty2 wrote:
       | What if someone posts a copyrighted image on Facebook. Do they
       | sue Facebook and win?
       | 
       | I think Facebook will take it down and that's the end of the
       | story.
       | 
       | Maybe this only happens because it's Facebook and small players
       | can't afford to just take it down.
        
       | dahart wrote:
       | There was a story not too far back about some musicians
       | generating every possible combination of 8 notes and publishing
       | it in order to prevent future music copyright trolls.
       | 
       | At the time I thought it was kind of a stunt and was a neat idea
       | but not addressing a real problem with music copyright and real
       | lawsuits. It looks like I might be totally wrong, because that's
       | exactly what Design Basics is doing. :/
       | 
       | https://news.ycombinator.com/item?id=22440944
        
         | akudha wrote:
         | I guess the real problem is court cases can ruin people
         | financially, even if they win. Ideas like this are nice, but
         | the real solution would be to make it difficult for these
         | trolls to go to court in the first place
        
         | Igelau wrote:
         | We probably need this.
         | 
         | I got whatever degree of nastygram that isn't a "strike" from
         | YouTube once for a video of me singing a 150 year-old folk song
         | from my own arrangement. Someone claimed to have copyright. I
         | didn't fight it in earnest, but _if_ I had a monetized account
         | that I was depending on financially, I might have had to -- and
         | of course, you pursue that at the hazard of losing your channel
         | and Google account.
         | 
         | Got a C&D once for a text graphics Whac-a-mole clone in Basic
         | when I was a teenager. Kinda soured me on everything related to
         | IP rights going forward.
        
         | munk-a wrote:
         | Courts are actually pretty reasonable about music copyrights in
         | most cases[1] - nobody wants really strong copyrights in that
         | field anyways since "derivative" work is a really strong value
         | creator.
         | 
         | 1. https://www.youtube.com/watch?v=zgsL5yW3bao
        
         | nitin_flanker wrote:
         | There's a similar publication in 3D printing too. It's called
         | Joshua Pearce's Algorithm[0] which covers all the major
         | parameters and components of 3d printing materials and other
         | factors.
         | 
         | It was built with an intention to invalidate 3D printing
         | patents that cover broad elements and general materials and
         | ideas, on the grounds of obviousness.
         | 
         | [0]
         | https://www.sciencedirect.com/science/article/abs/pii/S01722...
        
       | manuelabeledo wrote:
       | Just for fun, I searched for a plan loosely similar to my current
       | home. Found an almost perfect match, including the facade, in
       | less than ten seconds.
       | 
       | This is the equivalent of taking photographs of thousands of
       | vehicles in existence, then claiming intellectual property over
       | their design. Nonsense.
        
       | cwkoss wrote:
       | IP laws were created to encourage innovation, but have perverted
       | to the point where now they are mostly used by people hoping to
       | suppress it or seek rent from others' work.
       | 
       | Patent duration should be shortened to 10 years or less.
       | Copyright duration should be shortened to 5 years or less.
       | 
       | The digital age is moving faster than the people who wrote these
       | laws anticipated.
        
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