12.07.2015 Views

View Publication - PolicyArchive

View Publication - PolicyArchive

View Publication - PolicyArchive

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

eader arrive at his own conclusions.” 220 Until2002, it included excerpts from six official Mormon“missionary discussions.”In July 2002, Loomis’s ISP received a takedownletter from Intellectual Reserve, Inc., theowner of the Church’s missionary discussions.The ISP forwarded the letter to Loomis,directing him to remove the items “ASAP.”Loomis replied directly to the Church’s attorney:“It is my personal belief that these pages werenot copyright violations, but I will go ahead andremove them from the Internet as you requested.”Two months later, the attorney demanded thathe remove three images as well, one of JosephSmith, the Mormons’ founder; another of goldplates (important icons in Mormon doctrine),and the third of Gordon Hinckley, the currentChurch president. 221 Again, Loomis complied.When we asked why he acquiesced,Loomis told us that it was easier to removethe material than to get into a “big battle,”especially since he was worried about payingIntellectual Reserve’s legal fees if he receivedan unfavorable ruling. The risk of moneyliability was not worth the “emotional timecommitment.” At the same time, he thoughtthat he had a fair chance of prevailing if hehad been able to afford a good attorney.Durango BillBill Butler operates www.durangobill.com(“Durango Bill’s Home Page”), a collectionof information on subjects ranging frompaleography, the Grand Canyon, number theory,and “the fallacies of Creationism and ‘IntelligentDesign Evangelism’” to a description of waysto “fight back against DMCA abuse.” In July2004, Yahoo, Butler’s ISP, received a take-downnotice asserting that durangobill.com was usinga logo from Online Christ-Centered Ministries(OCCM) on a Web page titled “Durango Bill’sExample of a Typical Young Earth Creationist.” 222The page critiqued Jason Gastrich, a Creationistand the apparent proprietor of OCCM. Theirdisagreements ranged from Butler’s accusationthat Gastrich faked his educational credentialsto an exchange regarding Gastrich’s claim thatthe Colorado River flows uphill. 223In response to the take-down letter, Yahoosent Durango Bill a “Notice of Infringement”instructing him to remove the “Jason Gastrich”page or else Yahoo would shut down his site.Over the following days, Butler repeatedly tried,without success, to contact Yahoo to determinewhich parts of the page he could delete tocomply with the notice. On July 23, his site wasshut down. Three days later, he was finally ableto reach someone at Yahoo, and was allowedto delete the Gastrich page and post a noteexplaining what had occurred.Attrition's “Priceless”’ Parody, by Brian Martin/Image by Jay DysonMeanwhile, Butler found a Web site thatprovided a sample DMCA counter-notice. 224He used the sample to compose a response toYahoo asserting that his Web site was withinfair use. Under the law, Yahoo now had to allowhim to re-post his Web page, unless Gastrichfiled a lawsuit against him. On August 4, 2004,Gastrich did sue, in California federal court.Butler retained a lawyer, who moved todismiss Gastrich’s complaint on the ground thatthe federal court in California had no jurisdictionover him. (He operates his Web site from hishome in Colorado.) The motion succeeded inDecember 2004. After nearly six months, Butlerwas able to restore his “Jason Gastrich” page.“Folded Up Like a House of Cards”Artist Dee Dreslough was a devotee ofscience fiction novels by Anne McCaffrey – theDragonriders of Pern series, Renegades of Pern,Planet Pirates, and many others. In the mid-1990s, Dreslough created a Web site and begantaking commissions for original works of art. Atthe request of fellow McCaffrey fans, she drewdragons and other characters. She told us: “Idrew pictures of people and dragons inspired byBrennan Center for Justice 43

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!