[DIYbio] legality of distributing pdfs or hard copy papers?

[John Young]

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