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Old March 15 2009, 09:38 PM   #23
the Dagman
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Location: just north of Berkeley, CA
Re: Peter David may (?) have killed Scans_Daily

Sci wrote: View Post
TemporalFlux wrote: View Post
This from Peter David's site linked to at the start of the thread:

Peter David wrote:
I didnít contact the legal department to have the images removed. I contacted the legal department to inform them of a copyright violation.
This is the equivalent of saying, "I told the police that guy was stealing my stuff, but I didn't mean for them to stop him!" It's that kind of cheap dishonesty that now makes me think of David as a weasel. If he would have been a man and owned up to his justifiable action, then it wouldn't bother me; but he instead chose to be a weasel in the face of criticism. I've got no respect for the guy now.
No offense, but bullshit. Informing Marvel that someone's violating their copyright is absolutely his right and doesn't mean that he's out to get anything deleted. For all he knows, Marvel already knows about the violation and has chosen to allow it -- and as he pointed out in one of his replies, it would have been completely inappropriate for him to assume that he could just act as Marvel's representative and demand that something be deleted by the mods, especially since he doesn't know if Marvel would want those images deleted or not. There's nothing dishonest about saying, "I let Marvel know that someone was violating their copyright, and I didn't do it with the intent of getting the site shut down or to have the images removed."

TemporalFlux wrote: View Post
Jan wrote: View Post
Peter David is not the copyright owner of the pages in question therefore he could not demand for anybody to remove them.
Which is why he notified Marvel legal after reading a CBR thread concerning X-Factor...a title he writes. So yes, he had absolutely no interest in something he wrote (which he gets publishing royalties from); the whole thing was just a coincidence.

Do you guys listen to yourselves?
So the frick what? Like David says, Marvel is the copyright owner and for all he knows they've chosen to allow those scans as a form of free promotion. It's not his place to make any decisions about that on Marvel's behalf -- the appropriate thing is to say, "Hey, this is happening," and then let them go from there.
Yes, Marvel is the copyright holder and many in the Marvel creative offices likely knew and frequented the site. PAD wasn't one of those obviously. And PAD was perfectly justified in telling Marvel's legal department about this. He really didn't do anything "wrong" there at all. The only thing wrong is that while saying he set the ball in motion, he is claiming that his kicking the ball had nothing to do with its moving.

S_D did have moderators on the site who would have listened to the creator of any given work and would have instantly removed any content they did not wish to have up. Whether they were the copyright holder or not. He could have merely contacted them and asked for them to remove what he didn't want spoiled. Doing that would have gotten what he wanted accomplished and the site would be undamaged. But he went to the lawyers instead.

Photobucket had nothing to do with shutting down S_D. The pages on S_D were hotlinked from that user's account, they were in violation of their TOS and removed them all on their own. Their job was done. They had no need to contact LiveJournal about the matter because it was already handled from their end.

The fact remains. Two days after PAD told Marvel's legal department of S_D's existence on LiveJournal, LJ shut them down. Just enough time for them to print up a cease and desist letter and have it sent to LiveJournal via certified mail. No more, no less. And if you think Marvel's legal guys wouldn't or didn't... well, I'd invite you to think about that timing and the actions of lawyers once again.

Now, telling anyone that they should die in a fire anywhere for any reason is over the line. (he says, looking upthread a few posts) PAD was not wrong for doing what he did and definitely doesn't deserve it. But his claim that he had nothing to do with shutting down scans_daily is nothing more than smarmy, weasely, doublespeak that lawyers and salesmen engage in. (PAD was originally in Marvel's advertising department before he ever wrote a comic or book) And it is for that reason people are pissed at him. He had a lot of fans at that site, who gushed and wrote about his works time and time again ad nauseum. And they feel like their hero just took a piss all over them. So I can understand their feeling hurt. But to tell him to die in a fire is overboard and wrong.
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