Other points on DMCA notices: There is a growing racket in sending invalid DMCA notices. Many are bluffs to intimidate alleged violators not familiar with requirements for validity (validity itself is wide open to abuse under DMCA law). There are firms trolling for copyright notices who send phony DMCA notices and then notify the copyright holder of a catch, with an invoice. Unwary copyright holders think this is a good thing until they read the invoice. A DMCA notice sent to an alleged violator alone is not sufficient, it must be sent to the ISP which is required to notify the alleged violator for a response. ISPs get innumerable DMCA notices as fishing expeditions and are pissed at the unsubstantiated fakery which instigates an automatic, human-free process. DMCA law permits the fakery and puts the burden on the alleged violator to prove innocence. A non-response is considered an admission of guilt. DMCA advocates love this guilt-presumed method. Innumerable alleged violators ignore the spam bluff DMCA notices with no adverse effect -- except the spam may continue. Do not answer the DMCA notice sender, respond only to an ISP notice. The obnoxiousness will continue until DMCA is overturned, notifier throats are slit by info-liberators (metaphorically, please, One with Boston), escape and evasion tactics are honed to perfection, venal copyright-industry is separated from creators with direct exchanges replacing rapacious middle-persons, and, best of all, creation is done by those who consume it. At 04:53 AM 4/24/2013, you wrote:

----- Forwarded message from Bryan Bishop <kanzure@gmail.com> -----

From: Bryan Bishop <kanzure@gmail.com> Date: Tue, 23 Apr 2013 14:29:01 -0500 To: diybio@googlegroups.com, science-liberation-front@googlegroups.com, Avery louie <inactive.e@gmail.com>, Bryan Bishop <kanzure@gmail.com> Subject: Re: [DIYbio] legality of distributing pdfs or hard copy papers? Reply-To: diybio@googlegroups.com

On Tue, Apr 23, 2013 at 1:48 PM, Avery louie wrote:

...

What is the deal with printing or distributing electronic copies of papers that are obtained from school (university) subscriptions to journals? I could be a source of these things for my group, but I don't want to have to foot the bill for any copyright charges.

Manuscripts published in the United States prior to 1923 are in the public domain, so those can be shared without wondering. Also, in the past 10 years there has been the growing trend of publications licensed permissively with a choice license from Creative Commons. These tend to be very explicitly okay with all sorts of sharing and remixing.

Most publishers will send you a notification (or even a DMCA takedown request) if they think you are infringing on their rights. That's a good time to talk with them to work out how they believe you are infringing, and how the situation could be resolved to mutual satisfaction.

Honestly, if you are worried about a publisher tracking you down for partaking in science, then I would (with bias) recommend pdfparanoia to strip out watermarks: https://github.com/kanzure/pdfparanoia

IIRC, you sometimes have people pay to attend BOSSlab ? I would be cautious about distributing papers in that context. You have to be especially vigilant in situations where money is changing hands. I think publishers use sites like copyright.com to calculate how much you owe them per distribution in a commercial/business/non-profit context.

I am not entirely sure about what goes down if you are an unaffiliated individual. It would be a huge violation of the trust that science has placed in publishers if they were to go around suing readers for reading science.

IANAL. No implied warranty or implied fitness for a particular purpose.

- Bryan http://heybryan.org/ 1 512 203 0507

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