Open letter to all moderators and members of P&Q

Um, this jackwagon is making money off of plagiarized poetry, so no, blame is not punishment enough. It is illegal.

Self absorbed, for wanting their work to continue to be theirs? This guy isn't loving nor is he appreciative. He is a plagiarizer, and that is not welcome in the literary world.

Haha, David, my emoticon was aimed at Larry. : ) He knows what I mean.

If you showed up at my house? I don't have a rottweiler, but I do have an attack housecat and an exotic collection of throwing knives. Last time Kevin was hanging around like a mooncalf, I sent him away one sideburn the lesser.

Isn't this awful to blame a guy who is punished enough, by being artless and so unable of creating them, yet recognizing them, loving, appreciating, them this much, this much?
god poets are such self absorbed and nada heart crowed

^^ LMAO are you serious?? Maybe when you learn to write poetry that can literally knock socks off people and bring people to tears, then have it stolen and not get credit for your hard work you'll realize that blame isnt punishment enough...dont insult people and call them self absorbed....dear God poetry is an art, its these peoples hobbies, and its being stolen by a lazy ass man who cant write the beautiful way we do....

If he loves and appreciates them, then come to pnq , create an account, learn to write, and comment on how much you adore these poems. You dont plagerize peoples stuff and consider blame punishment enough, hes not a two year old.

In a sense it is a good thing that I am not as good poet as you are otherwise, it would be too shy.
I understand all that you're saying, but can't you see the opposite, the positive? The guy might be a crook but he loves these colorful stuff, he wants to keep them, he understands them, in his own ways. This in a sense is flattering.

I can't understand the first half of your comment, and as for the second half, when someones doing something illegal I find no positive in it....cool he likes poetry, he understands us, so read it!! Go buy a book of poetry! Just read, enjoy it, let it relax you, but there's no positive in a man whose plagerizing. ..zero. Like I said it looks lazy to me, you're getting paid for my hard work I put into my poetry? Its bull..

I like a lot of poetry in here too. So I comment, vote, nominate, encourage others to read the poems that touched me.

Not steal them, pretend to be their author, and make money off of it.

Maybe I just don't appreciate it enough?

You have to appreciate it enough to commit crime for it.

Then you are not an appreciator, you are a criminal.
the Irony!

^^^^^Oh no Sib: ha,ha, no love at all for a fellow PnQ'er. You guys want to throw me to the dogs and a clawing cat! and then stick knives at me. Now, now that does not sound very poetic or poet friendly at all. I am not sure why handsome Kevin got a sour treat, but I know you would not be able to resist my 13-year old's charm :)
But, I have a better idea, I am going to go visit Mel and Liz and enjoy the soft Aussie hospitality, in the land downunder. Though I have some doubts. Is it not the same land as Hellon and A.... (take no offense, just having some fun here!)

But, I know for sure the Lebanese (Abed & Sunshine) will give me friendship & shelter, though, if I get casted out from there too, I will be Lonely again.

By the way, it will be nice to keep a draft letter for Janis to sign and fax on company letterhead, the moment he is recovered. The language should be very similar.

@all about

you seem to enjoy your exercise in twisted word logic but you are not communicating. These people, living in the real world, have their property taken. Many people appreciate without intruding on the rights of others. For those who have not passed the infantile stage of immediate gratification, there are consequences that are needed.

Oh man lol what a comment that is.

People are entitled to want to protect their own work from such a f wit as this guy that's been stealing everyone's poems. Don't judge others for giving a crap about their own work. If you had yours stolen from him, then you have every right to let him take it, just as much as we have every right to fight for it.

And I agree with the above, what he is doing is also illegal. Why should he get away with it

x

Personally, I think every penny he earned should be divided equally and given to the authors he stole from since it was their work. And then some!

Also, Janis responded this morning, but it was a bunch of legal and computer talk. I will let Larry read and cypher it. LOL.

I agree with your thoughts on splitting the money, if only that would happen.
I did see Janis online and hope he has a resolution to the problem. Thanks for keeping us updated that he responded, we'll be awaiting Larrys interpretation and I pray it is one I can understand.

hint hint..... Larry try to interpret into language that the majority of us a simple minded folks can understand lol

I had asked Janis ' permission to initiate a class action suit against Google & Yunes. My reasoning being that it takes a 2x4 up the side of corporate America's head sometimes to get their attention. (I raised boys also.) Janis instead wants me to make a formal demand to the Internet Providers. For my two cents, that's a necessary prerequisite to any lawsuit anyway. We'll shake that trunk & see what falls out of the tree.

This is interesting

Larry- Thank you!! Shaking the rotten apples sounds good to me :-)

Thanks DAVID for the enormous reply that I will be deciphering on Sunday! You rock as a lawyer, I guess.

and you are very welcome in Lebanon :D
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lol, Jane's dog did that ?
And Sib, bahaha the knives cracked me up.
If you would do that to David, i wonder what you would do to me :p

@ all about,

If he did appreciate poems, he would at least have given credit to each individual author below each poem instead of taking credit for them.

I'm seriously getting tired of this. I even got worry for that guy and I tried to figured out what was wrong with him but there is no use. It's pretty clear that he just wants to make money out of someone else's work. If he did had a low self esteem or wanted attention like I thought, then he wouldn't have made money out them. He would just have it in a simple blog and that's it.

^^^^^
Larry: I believe Janis may be right in not pursuing a lawsuit at this time. Isn't the concept of "safe harbor" in any law, to provide a relative degree of immunity to the defendant from numerous (some frivolous) lawsuits and penalties. The safe harbor participating party here is Google, the service provider to the website Blogger. So, when a service provider is acting as a "mere conduit" carrying the communications of others, and meets all the conditions of Subsection (a), {FN75: 17 U.S.C. section 512(a)} it will claim immunity from any lawsuit. As part of their participation in "safe harbor" requirements, they have agreed to report each copyright infringement to chillingeffects.org, a non-profit monitoring organization, to identify, publish and monitor the outcome of each such complaint.

So, if Sibs original complaint was complete and met all the needed DMCA "cease & desist" or "takedown" criteria, it would have been validated by Google DMCA and published on chilling effects (as per the requirement of their participation in safe harbor provision). In that situation, if Google had failed to takedown Yunes, then you have earned the right to start a class action lawsuit. But, as her complaint is yet to be validated by Google as an authorized complaint from the website administrator/owner, Google has probably not heeded it, and will therefore seek dismissal, if a lawsuit is filed at this time. On the other hand Lioness's complaint was validated and ? partially acted upon as she alludes to in the other thread, but she may not have identified him as a repeat offender on her work, or requested a "takedown" or maybe the people at Google DMCA did not heed her complaint enough, in which case she may qualify to pursue an individual legal action.

This link I found to the provisions of the actual law, is worth reading:

http://digital-law-online.info/lpdi1.0/treatise33.html

Perhaps, if Google fails to listen to you guys on an ordinary DMCA complaint, you can then use subsections (i) and (ii) under III.B.2 - Benefits of Being in the Safe Harbor, to seek an injunction from the courts.
(i) directs the service provider to terminate the account of the infringer, and (ii) directs them to block his IP access.

II.B.3 on that link (next page) has detailed instructions on providing notice and requesting "takedown", which is essentially captured in the letter I drafted above.

I know you are the expert on this, so my apologies in trying to help clarify this mess for our readers, from my interpretation and of the law, and the reason why Google has not acted upon the complaints of us ordinary folks.

My 2 suggestions:

1) Send your complaint first via Google's DMCA form link above electronically, a) as it may be more expeditious, b) all the URL's can be easily copied and pasted in the URL columns for them to check, as compared to having Google transfer them from a lengthy paper received by fax/mail to verify authorships.
2) Have authors update James and Andrea's (hard worked and much appreciated) link of compilations here:
http://www.poems-and-quotes.com/discussion/topic.html?topic_id=134872
so you could easily copy and paste all the poems infringed from that one link in your DMCA complaint.

I think we are finally getting there .
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Abed: Thanks, for your kind words ^. It was my pleasure to help. You should really use the DMCA form and incorporate the portions of the sample letter if the form permits it, but make sure you have covered all the requirements for a valid complaint as listed just below the sample letter. I would recommend all the authors whose works have been infringed upon also file individual copyright violation DMCA complaints in a similar format, expeditiously. It needs to be a collective effort by all, for Google to really take notice.
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"lol Jane's dog did that"....haha, no he did not bite me, nor do I know its breed, it was all a joke I played on Jane via a pm, which I recycled for Sibs, and she took the bait with a counter humor (smart mod)! Love it when girls get defensive! But, I do know you folks from Palestine/Lebanon like many of my acquaintances from the Middle East (my friendliest neighbor is a Palestinian immigrant) are very warm hearted and hospitable to visiting strangers, and I sincerely appreciate your invitation. Someday, I might take you up on it Abed. :)

Larry & mods: Here is a link to google DMCA notices published on chillingeffects.org.

http://chillingeffects.org/johndoe/search.cgi?search=takedown+notices

Last one updated on this list for Google complaints is 3-5-12. Hence, none of the PnQ notices have made it there, yet. You may want to use the format used in any of the notices for mass reporting of multiple links. There is no requirement that it needs to be on a letterhead, as long as you identify yourself as PnQ mods or administration. Also, after reading many of these, it seems the easy format on the Google DMCA form is the way to go, rather than the fax/paper, for speed and results.

If Google does not act on your "takedown" complaint within 2 weeks (seems like the time needed for them, from the dates posted on chillingeffect.org), you may then wish to report the delinquency directly to chilling effects.org here for them to ensure compliance:

http://chillingeffects.org/sending.cgi

I think, this may be the easiest way to go for PnQ to get this character off the blogger. Wish I had researched the proper links earlier!

"So, if Sibs original complaint was complete and met all the needed DMCA "cease & desist" or "takedown" criteria, it would have been validated by Google DMCA and published on chilling effects (as per the requirement of their participation in safe harbor provision)."

I wouldn't count on that. My message was an informal complaint in the "Contact Us" link on Blogger. Then I went away for a week. Lioness, Larry, and others have done the things that might be considered legally sound.

^Sibs, If they have, it is not reflected in this post. So, I believe you folks still need to pursue it seriously. Lioness is the only one who seems to have done it correctly, in part, to be able to hear back from Google, from her posts. But, the very fact that they did not take him down , suggests that a "takedown" request has either not been filed at all or not heeded upon by Google.

Also, noticed that all the poems in the original compilation of stolen poems by James and Andrea here:

http://www.poems-and-quotes.com/discussion/topic.html?topic_id=134872

have been deleted by Google...I believe thanks to Lioness's efforts, mentioned earlier by her. However, Mr. Yunes has replaced the list of deleted poems by a new set of stolen poems.

So, when the mods finally get ready to report him (hopefully soon), they will probably need to generate a new list of links, in addition to the old one's to show to Google that simply removing stolen poems does not stop him (I edited the sample letter above to reflect that for individuals who would like to use it as a format). I suspect that the mods/admin would need authorization (electronic signature) by each affected authors - this can be done simply by establishing a dedicated thread for a joint complaint, by simply asking them to pen down their name, after a sentence like "I permit/authorize xyz, PnQ mod/administration to file a DMCA complaint/takedown request on my behalf."

I'm quite certain they are capable of telling us what they need and when they need it.

I filled out one of those DMCA complaint list to report copyright infringement by him. I did this last week and haven't heard from them (with the latest poems). They have not been removed yet and I have not seen a reply from google. I may try again since the form wasn't working properly the last time I tried.

x

Hey guys,

I received a reply from Google and this is what they have said.

"Hello Elizabeth,

Thanks for reaching out to us.

We have received your DMCA complaint. Upon recent review of the blog(s) mentioned in your complaint, it appears that the post(s) in question no longer exist(s). If this matter is still a concern, please reply to this email with detailed information to enable us to locate the allegedly infringing content.

Regards,

The Google Team"

Now what I have realised is that when I click on the links on where our guys have posted the poems on P&Q - they are directed to the actual poem but the link for the poems on Gooftastic's doesn't take you directly to the poem, it only takes you to his blog and the poems are shown on the "Sidebar"

So when google tries to click on the link and they are redirected somewhere else, they believe the poem on his blog does not exist when it does. I have told them to look into it this morning as the poems are still there but they think they're not.

I hope they do look into it!!!

Here's an example...

http://www.best-love-poems.com/poems.php?id=1184971

http://gooftastic.blogspot.com.au/#!/2012/01/possibilities.html

The poem Innocent Fairy has called "Possibilities" is on the first link and the second link should take you to the poem itself on his blog but it just takes you to the direct link itself (his blog)

x

Liz: I counted 82 poems (likely all from PnQ), 1 article from PnQ and the first 2 that are his. I agree with you, he is like a 10-headed hydra, you take down 9 heads, he grows another 9, or more. He is really good at it now, and all over the internet (just search by his name).

Did you use any wordings like "takedown' of his blogsite, as he is a repeat offender, or any wordings from my sample letter above in optional B) that emphasize the "takedown" request? Since, you have already established a contact with them, this would be easy for you. If you would like my assistance to format a more comprehensive "takedown" letter, for getting him scrapped off Google and search engines, I will be glad to do so, for the sake of everyone on PnQ whose poems have been stolen. Just PM me, and I will do my best to get you armed with powerful legal wings, from my understanding of the law.

Unless the mods are ready to act. They have been rather quiet lately.

Hey,

I have used the words "repeated infringer and offender" but not the words takedown when previously contacting them.

I guess we will try anything to get his blog shut down!!!

x