In a message dated 1/5/01 1:52:29 PM EST, monkey37@bluemarble.net writes:
<< Subj: Re: [CR]CR web site threatened by Law firm Date: 1/5/01 1:52:29 PM EST From: monkey37@bluemarble.net (Monkeyman) Sender: classicrendezvous-admin@bikelist.org To: classicrendezvous@bikelist.org, OROBOYZ@aol.com
>Thought you all would be interested to see a recent communication I received >from an attorney in Japan. I have responded by immediately removing the >images and apologizing to the owner and explaining that no profit was made by >the inadvertant use of these old photos!
Sorry to hear about this. I'm not a lawyer but I know a bit about "fair use" as it exists in the US. I think your real problem is that the site is hosted by your shop domain, thus making it part of a "for proft" business. The Japanese may be seeing the CR site as an enticement to go to Cycles de Oro web page. If you can pass the site off as educational by putting it on a college or university domain and siteing and crediting all the photos and information I think you'll be OK. By making the site "educational" you can get away with just about anything "fair use" wise. Again I'm not an attorney but have a good bit of experience with educational "fair use." I know there are at least a dozen lawyers on the list and I'm sure a couple of them have copyright backgrounds and can add their $150/hr. . . (just kidding)
enjoy, >>
Larry Replies: don't get me started.
I follow Brandon's thinking. BUT, whew I always like to compere what is often understood as 'holier than thou' that's associated with the dot-org dot-mil dot-gov and dot-edu
I'm surprised that Cycles de Oro is a profit making company If it's like College Park Bicycles, my place for 22 years, the shop hasn't profited in a good decade what the institution of higher learning adjacent to us profited in a good month, maybe week!! And here's a famous peeve of mine, speaking of 'connecting the dots'
While I spend hours every day on this electronic transmission and receiving device, I not so many dot-gov, dot-mil, and dot-edus coming in during 'office' hours
I know it sounds like someone trying to blow a whistle, but Dale Brown and ?Cycles deOro, as well as other places like College Park Bicycles and many of the (dwindling number) 7000-odd independent bicycle shops in our nation have done as much to educate and make this a better world than many of those other institutions. And Dale spends his own money on: The computer He's on his own TIME His own PHONE line et cetera.
Way back in 1995, when a comprehensive study was done by one of the leading accounting and auditing organizations, it was found that well over $230 billion was reported in time theft in the USA for that year And this was in the relative infancy of the internet and email.
This includes people browsing, surfing, chatting, porning, and yes, those who clock in then take the coffee break and those that come in early and clock in before hitting the head and reading the paper or catching up on email
Yes, I realize it also includes people who are right now ordering bike parts while on someone else's time
I surely hope these numbers diminish and we get more honest and accountable.
As far as I know, these CR folk are some of the greatest on earth, and I've enjoyed the honesty and the dealings
It's very invigorating to share the goods and the stories and mainly, have a 'support group' that sympathizes with my passions.
And I might add, to have a host that knows the 'Rule deOro' Being in the commercial end of the bike biz as well as the other arenas, I have seen no crime in associating the shop with the site.
Ok, off the soap box Larry 'time to rant on a snowy day' Black