Gideon Epstein's deposition

Discussion in 'Justice for JonBenet Discussion - Public Forum' started by ACandyRose, Aug 16, 2002.

  1. ACandyRose

    ACandyRose Super Moderator

    On a thread at Jameson's JonBenet Ramsey forum is a link to download a copy of the May 17, 2002 deposition of Gideon Epstein from the Chris Wolf vs Ramsey suit. I downloaded the MSDOC file and then checked the properties summary of the file and guess who sent it to Jameson this morning?

    Big Surprise.... None other than Mr. L.Lin Wood !! So we now know how Jameson is getting all her information.... from Mr. Wood himself to post on her forum.

    I wasn't sure if I was allowed to post the actual URL here or not. The MSDoc file does appear to be okay to download but if anybody wants the file but doesn't want to go to that forum, I did download it and will be happy to forward it to any requests. Just e-mail me at acandyrose@aol.com
     
  2. ACandyRose

    ACandyRose Super Moderator

    Oh....

    If anybody wants a copy of the screen capture I did of the properties summary showing Mr. Wood's name as the owner/author of the file downloaded at Jameson's forum, I have that too and will gladly send that out to those who request. :)

    acandyrose@aol.com
     
  3. Dunvegan

    Dunvegan Guest

    ACR: Thank you for the document analysis...

    ...and the thread.

    If you'd like to post the link, posters are most welcome to do so if they feel it is germane to their post...from what we gather, the posting of hyperlinks is currently holding up in the courts as "fair use"...even as other types of usage is being challenged.
     
  4. ACandyRose

    ACandyRose Super Moderator

    Thanks Dun :)

    Here is the thread link on Jameson's forum:

    http://64.224.241.41/dcf/Ramsey/16.html

    The file of L.Lin Wood that she has there to download is on the above link. The file name was "depoepstein.doc" and after you download it, if you do a right click on the file name and select "properties" then "summary" you too can see the file belongs to Mr. L.Lin Wood and is dated today, the same day Jameson put the link up on her site to download.
     
  5. AK

    AK Member

    Good work, ACR!

    And Dunv, speaking of "fair use," who gave Jamsey Ramsey the right to post the entire Enquirer piece?

    Someone should alert the American Media Inc., lawyers in Boca Raton, Florida about this copyright infringement.

    If they were going to allow any forum to steal their material, I doubt Jameson's would be the one chosen.
     
  6. Dunvegan

    Dunvegan Guest

    Fair Use is an interesting legal behemoth...

    ...after much research, I come to the conclusion that "the less quoted from, the better."

    I tend to agree (for once) with Condoleezza Rice's assessment of Fair Use, where she was writing, in her position as Provost, to the Stanford University's faculty, Hoover Institution fellows, academic staff, and library directors.

    Quoting from <b><a href="http://fairuse.stanford.edu/rice.html">Ms. Rice's letter</a></b>: <ol><b>I. Fair Use for Teaching and Research</b>

    The "fair use" doctrine allows limited reproduction of copyrighted works for educational and research purposes. The relevant portion of the copyright statue provides that the "fair use" of a copyrighted work, including reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a permitted "fair use," rather than an infringement of the copyright:<ol>
    • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    • the nature of the copyrighted work;

    • the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and

    • the effect of the use upon the potential market for or value of the copyrighted work.</ol>
    Although all of these factors will be considered, the last factor is the most important in determining whether a particular use is "fair." Where a work is available for purchase or license from the copyright owner in the medium or format desired, copying of all or a significant portion of the work in lieu of purchasing or licensing a sufficient number of "authorized" copies would be presumptively unfair. Where only a small portion of a work is to be copied and the work would not be used if purchase or licensing of a sufficient number of authorized copies were required, the intended use is more likely to be found to be fair.</ol>
    Basically, here at Forums for Justice, all Administrators and Moderators are charged with responsibility for compliance with the standards of "fair use." This means that we:<ol><li> Look to see that no more of a published source was quoted from than absolutely necessary to convey an idea or topic for discussion
    <li> That we not allow to stand completely copied articles of any kind, and
    <li> That we always (if at all possible) either link back directly to the source of our quote (if the source is online) or state the name of the article, and the publisher or periodical of origin, and attribute the quote by naming the author.</ol>Hopefully, we not only stay seriously within the shifting boundries of fair use, but that we also provide a service in raising lively discussion regarding topics in the news, and perhaps even give people reason to refer to and/or purchase the original publication.

    Meanwhile, we are working on a methodology for contacting the originating publications for waiver of use, and <b><a href="http://www.utsystem.edu/ogc/intellectualproperty/permissn.htm">getting serious about asking for permission</a></b>.

    I think the thing that bothers most publications is that full copying of articles can cause loss of revenue. I'm aware that in the case of ephemeral publications like hard copy newspapers, periodicals, and the tabloid press this is a very real concern. Therefore, what we now hope to do here at the fourms, is to quote and refer...that way if the reader wishes the full report, they are refered to the originating material.

    Heavens knows, I now buy the Globe and other tabloids just about every week ever since I've read the Tabloid Watch column here...and the magazines should note that if not for the teasers I have read here at FFJ, I would not have been so compelled to purchase their publications. Same with the last issue of People magazine...after our report here on the cover article about the two So. California teens that were successfully rescued from their kidnapper, I went out and bought that issue.

    It's a different thing, however, to quote an article in its entirity, and thus negate any necessity to purchase the originating publication.

    BTW: The penalties for copyright infringement are quite harsh: the court can award up to $100,000 for each separate act of willful infringement. Willful infringement means that you knew you were infringing and you did it anyway. Ignorance of the law, though, is no excuse. If you don't know that you are infringing, you still will be liable for damages - only the amount of the award will be affected.

    And, this is against the individual who infringes, not necessarily against the media or medium that allows that infringing re-publication.

    Just remember in exercising your rights of "fair use" in quoting from sources the four guidelines Ms. Rice mentions above; give credit to the originating publication and author; hyperlink to the article if it is online, and that usually <b>less is best.</b>
     
    Last edited by a moderator: Aug 19, 2002
  7. AK

    AK Member

    Nice info, Dunv

    I had no idea Condee addressed that subject. Her writing is clear. Now there are two things I like about her -- the first being her piano playing.

    It's too bad some links go bad or down after a time. That can be frustrating. And all publications are not linked to Nexis. Still it's kinda silly to complain when there is such an abundance of wondrous news available. I imagine natives using smoke signals had their ups and downs too, but even the downs were better than not having smoke to work with.

    As you stated so plainly, there must be responsibility in posting as the risks are great. I think the same should extend to photos if they're from media sources. Big money is paid in license fees for photo usage, which may come from outside sources. Licenses may involve exclusivity with no 3rd party usage. I haven't seen any example of photo rustling, btw, just thought I'd mention it.

    Without getting into detail since this is an open thread, people should know the mail campaign that was requested a while ago was a success! Those who know what I'm saying, pat yourselves on the back, and shhh! Those who don't know, it's just more babble from me.
     
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