Sponsors

I Break PJ Media's EULA Email Print

By now, most of you have probably heard of the so-called Open Source Media's superlegally restrictive Terms and Conditions agreement. For those who haven't, here's the gist of it; we aren't allowed to quote them, analyze their writings, or satirize them. We may not even be able to link to them. Basically, it attempts to completely override the concept of Fair Use to a ridiculous extent.

So, I have a plan. I plan on breaking that Agreement in as many ways as possible, and as frequently as possible, until Chuck and Roger realize how idiotic it is and change it.

Now, before I begin this endeavor, I'd like to say the following: This effort is being undertaken by me and only me. Neither the webmaster nor anyone else associated with this website in any capacity had any foreknowledge of this effort. Just to get that on the record.

I've already broken the agreement in at least two ways: by sending an article to several friends and by making two hard copies (which, believe it or not, is not allowed under their EULA). Now, I shall add a third breach by copying the text to this website (and just to reiterate: this scheme is mine - none of the other writers had any previous knowledge of this flagrant breach of the agreement). Ahem:

Jeff Goldstein, Protein Wisdom
My cab pulled up outside the W a little before 9PM New York Time, and after checking in and dropping my suitcase on the bed, I immediately made my way to the hotel bar, where I found Tim Blair, Roger Simon, and Ed Driscoll bunched around a small table near the restrooms. Ed and Roger were nursing Gibsons, while Tim (who at 5'1" is much shorter than I thought he'd be) was drinking what looked to be IPA out of a pilsner glass inscribed with the legend, "Bloggers Do It In Their Pajamas." "Heh, cool," I said, motioning to Tim's glass. "You have those made up for the launch?" "What do you think, genius?" Blair asked, not looking up. "I maybe had it printed up special for myself?" Ed, who I'd met once before at a Rocky Mountain Blogger bash, threw me a glance that said, "skip it, he's Australian," before sliding me a chair. "Take a seat. How was your flight?" "Fine, nice," I said, sitting down and looking around for the waitress. I hadn't had anything to drink on the plane and was really craving a Guinness. "So"--this from my left, where Roger Simon, sans his trademark fedora, sat smiling and bleary-eyed, holding aloft a half-empty Gibson glass as if to make a toast. "Protein wisdom is in the hizzouse, as they say! Welcome! Or as my friend Bill Bixby once said to a French prostitute (god rest his soul), 'bonjour, you plump little tart!'"...
"Bullshit," Blair hissed. "The Hulk never said any such thing. Any such thing. You fibbing, wizened bastard."
"Absolutely he did," Simon plucked a cocktail onion from his drink with his fingers. "Paris, 1979. Had her eating out of the palm of his hand, too. Literally. Cake and a little salted herring, I think. Christ, do I ever miss him."....

Here's the Agreement, with the violated sections in bold:

2. Our Site and all its contents, which includes, but is not limited to, text, graphics, photographs, logos, video and audio content, is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual components of Our Site, including, without limitation, articles, content and other elements comprising Our Site are also copyrighted works. Additionally all of the weblogs linked to by us are likewise protected. You must abide by all additional copyright notices or restrictions contained on this site and our linked weblogs.

3. You may not reproduce, distribute, copy, publish, enter into any database, display, modify, create derivative works, transmit, or in any way exploit any part of this site. The only exceptions to this are that you may download material from Our Site for your own personal use, provided such download is limited to making one machine readable copy and/or one print copy that limited to occasional articles of personal interest only. No other use of the content of Our Site is permitted. Please contact our Sales Department if you wish to have rights other than those stated above.

Following the posting of this totally illegal post, I will be sending a message to the owners of OSM informing them of my personal contract violations. I shall keep you apprised of the situation.


KEYWORDS: , ,

Sign up for a Complimentary Member Account... Join the community! It's fast. And it'll allow you to take advantage of all this site's great features!

< Holy Toledo: Bob Woodward in the CIA Leak Case | When it Comes to War Bush Moves Very Fast; On the People's Business he goes AWOL >
 Display:
tell them you want to pay for the right to quote their site at will...it's kind of like getting a site-license for software...Or you could just continue citing them as a source when you reproduce materials they have published...so long as you're not taking credit for the work as your own, it shouldn't be a problem...regardless of how draconian their EULA sounds.  Besides, we're all just ones and zeroes here...

011010000110010101110010011 001010010011101110011001000 000110110101111001001000000 110001001101001011011100110 000101110010011110010010000 001110100011001010111100001 110100

Once in a while you get shown the light in the strangest of places if you look at it right

by darthstar on 11/16/2005 05:53:50 PM EST

We can have an ongoing watch, like Slate did for Richard Perle's bogus threat to sue The New Yorker for slander.

Also, a sweet little Paypal donation button for a legal defense fund. LOL.

This is a terrific idea. I think you should violate this bogus thing daily, and we can link to your posts all over the blogosphere.

by SusanG on 11/16/2005 07:05:27 PM EST

you've found at least four other ways to violate their EULA:

  1.  by making sections of the parts you have reproduced bold, you have also modified part of their site.

  2. by creating this diary using their materials, you have written a derivative work

  3. by placing it on this website, you have entered it into the database

  4. you are exploiting the weaknesses inherent in their rifdiculous EULA.

Great job!

Visit

by Timroff on 11/16/2005 07:44:52 PM EST

Their restrictions seem to violate every principle upon which the blogosphere and/or online citizen journalism stand for.

How ridiculous.

Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 11/16/2005 09:56:16 PM EST

[ Parent ]
This is so brilliant, I'm going to post a diary on it at Kos, sending people to your post.

I just love it, love it, love it.

by SusanG on 11/16/2005 09:08:29 PM EST

the Stanford site, here's a reference.

Fair Use Notice

This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: law.cornell.edu/uscode/17/1 07. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.


Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 11/16/2005 09:53:43 PM EST

Looks like you forgot to link to Open Sores Media.

There. That should do it.

Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 11/16/2005 09:59:46 PM EST

I just registered opensoresmedia.org.

Not sure why; caught up in the moment, I guess. After skimming the site I about puked at the use of Open Source...

by Cliff Talus on 11/16/2005 10:41:43 PM EST

[ Parent ]
Very far-thinking. What fun awaits!

by SusanG on 11/16/2005 10:53:12 PM EST

[ Parent ]
Every new registration to the Cortex should come with a bonus registration to Open Sores Media.

Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 11/17/2005 07:28:21 AM EST

[ Parent ]
That would be funny, wouldn't it? If they're stupid legalistic bullshit did not permit links to their stuff, thus no one would ever read it.

Ha!

by SusanG on 11/16/2005 10:14:16 PM EST

[ Parent ]
Perhaps I should unlink -- not because of their ridiculous, neo-fascist rules, but rather because I don't want to send traffic their way.

Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 11/16/2005 10:18:11 PM EST

[ Parent ]
also a gross violation of "da rules" to call them names like "Open Sores" -- silly AND infectious!

Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 11/16/2005 10:19:46 PM EST

[ Parent ]
Ed and Roger were nursing Gibsons

Who the hell drinks Gibsons???

"Protein wisdom is in the hizzouse, as they say! Welcome! Or as my friend Bill Bixby once said to a French prostitute (god rest his soul), 'bonjour, you plump little tart!'"...

Who writes like this? Seriously, is anyone going to read this crap?

I may also print out some hard copies. Just so I can throw them away.

Good luck, pajama people. You'll need it.

Dissent Protects Democracy

by cscs on 11/17/2005 12:51:50 PM EST

 Display: