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Re: Perhaps it is time to start a moderated group?

Tim Smith wrote:
High Plains Thumper wrote:
Erik Funkenbusch wrote:
Roy Schestowitz wrote:

He also attacked me and harassed an artist in attempt to
have me sued.

You violated copyright law.  I asked the author if you had
permission to copy his work, the author said no and asked
ME for more information.  I did not harass him, that's
your fantasy because you got caught stealing someone elses
work.

Why else were you ultimately forced to remove it?

Ah the pleasures of Google in removing amnesia for a
discussion that occurred 30 months ago:

http://groups.google.com/group/comp.os.linux.advocacy/msg/5c4fb6d75517c9f7

Newsgroups: comp.os.linux.advocacy
From: High Plains Thumper <h...@xxxxxxxxxxxxxxxxxxxxxxx>
Date: Thu, 8 Jun 2006 09:58:35 +0000 (UTC)
Subject: Re: Roy Schestowitz - Pirate

[QUOTE] Erik Funkenbusch wrote:
So, it appears that Roy is using images on his blog that
he has wholesale copied from the authors without
permission.

I noticed this on this article:

http://schestowitz.com/Weblog/archives/2006/03/03/scoble-giv
en-up/

Interesting that he credits the image author (for that
one), but he neglected to actually get the authors
permission to copy it.  I was suspicious that this might
be the case and emailed the author to find out. He
confirmed that it was copyright infringement.

If he had merely linked to the image, it would have been
more acceptable, since he wouldn't have actually copied
the image. However, that would beg the bandwidth stealing
argument of linking to images on other peoples sites.

In any event, I have to wonder how many other images on
his site have been similarly misappropriated.  Many of
them have no credits at all.

Bummer for you Roy.

I am not so sure it is crackers for Roy.  After going to his
root webpage and clicking on "Gallery" on

http://www.schestowitz.com/Gallery/

shows this:

Home Visit in Spring Photos are low in resolution (Web
cam) Last changed on 05/18/05. This album contains 17
items This album has been viewed 929 times since 05/16/05.

KDE Screenshots Dual-head, SuSE Linux, 2003-2005 Last
changed on 11/03/05. This album contains 10 items This
album has been viewed 1278 times since 04/04/05.

Room view on December 16th, 2004 View from the room --
Photos by Lital Schestowitz Last changed on 05/30/05. This
album contains 16 items This album has been viewed 1000
times since 01/01/05.

The Sunnegga on December 16th, 2004 Assorted photos from
the astounding hills -- Photos by Lital Schestowitz Last
changed on 08/19/05. This album contains 16 items This
album has been viewed 866 times since 01/01/05.

Around the village on December 16th, 2004 Pictures from
the streets of Zermatt -- Photos by Lital Schestowitz Last
changed on 05/30/05. This album contains 12 items This
album has been viewed 990 times since 01/01/05.

A casual browse of his website shows mostly text with very little graphics. What limited graphics exist appear generic
and iconish.

He used WordPress, an open source publishing software:

http://codex.wordpress.org/WordPress

/quote/ We are proud to offer you a freely distributed,
standards- compliant, fast, light and free personal
publishing platform, with sensible default settings and
features, and an extremely customizable core.

License and Platform

* License : WordPress is licensed under the GPL (http://www.gnu.org/copyleft/gpl.html)./-quote/

I do not think use of WordPress images with the application
are considered illegal.

Furthermore, alternate webpage with images at

http://schestowitz.com/Art/Schestowitz/images.html

has 12 images limited to textual reference to his website
name.

IMHO, Fare Use clause in British copyright law allows the
use of an image downloaded from the internet for personal
use and research, provided credit is given to the
owner/author.  Being a graduate student, Mr. Schestowitz is
a researcher.

Did Mr. Schestowitz defame the author?  I think not.

Did he stretch the Fare Use clause in British copyright law
by posting this only image on the net?  Perhaps.

However, would the American author consider it worthwhile to
go after a college student, seeking compensation on British
soil for a personal non-profit blog site with limited
content and low volume hits? That would be ridiculous. [/QUOTE]

So, 30 months ago, you had no idea what Erik was talking
about, and so posted a bunch of random blather.  Why do you
think that is relevant now?

<SNIP rest of troll rant>

This is an example of an ad hominem attack:

http://tantek.pbwiki.com/TrollTaxonomy

[quote]
Ad hominem troll

Ad hominem troll at its simplest, will attack people personally,
rather than the merits of their statements or methodologies.

The ad hominem troll often has already lost a rational argument
about a topic, and thus its goal is to change the argument from
being about a topic, to being about the people opposed to the
troll (which could mean any/all rational person(s) in the
discussion), in the hopes of both discrediting people's ideas
indirectly by discrediting the people, and engendering an
emotional reaction from the people by attacking their egos /
self-image. The "getting a reaction out of" goal is common to
most troll types.

The simple ad hominem troll is easily detected and dealt with by
calling them on their ad hominem attacks.

However, often ad hominem troll will start its discourse with
seemingly reasonable commentary, perhaps an analogy etc. Using
rational tone, they may lull you into thinking that they are
rational in general and thus their entire message should be
considered rational. Once they have established such an
impression, then they will then descend into personal attacks
which may even sound reasonably worded, until you recognize them
for what they are, nothing more than personal attacks.

Example: thacker. thacker starts by ignoring the previous comment
(which itself was a rational challenge to thacker's earlier
statements), repeating himself (see the section below on
Repeating themselves), then moves onto an analogy. Afterwards he
continues with personal attacks, starting subtly worded, then
increasingly harsh:

     * "some here, yourself included, will not see nor understand
the parallels"
     * "Your noses are simply buried too deeply into the
proverbial bark."
     * "Or you lack the courage, will, ability to step away and
ask the truly difficult questions. That is a shame."
[/quote]

--
HPT

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