Tuesday, January 18, 2011

General Chat - How Do We Make A Living ONLINE

Here is an egregious example of a shameless copyright infringer advising others how to make money over the internet.

General Chat - How Do We Make A Living ONLINE

"Max" writes (and I quote under the Fair Use provisions of the law, for the purposes of education and commentary and reportage)

I have been making a living online for around 10 years now. You are right, it's not easy!
It takes a lot of time and patience. One thing I have noted over the years is that its important to build a database of 'members' or customers, and keep in touch with them, but only when you have something useful to say!

I have used 'freebies' or 'giveaways' to entice people to join my services. This works well as it cost's absolutely nothing to giveaway a free book (for example), but you can guarantee that they will read your next email!

Over the years I have managed to build a small 'stable' of steady online businesses (I am a strong believer in 'bread and butter' income, and not the 'fast buck' ideas... which rarely work anyway!) through shear hard work and countless hours. I love the web and it's possibilities, however, you must always keep in mind, that its those people with money, are generally the ones who get the exposure, since they throw big bucks at their online projects for marketing campaigns

The answer to this, is to find a real niche, then put your all into it!

Marketing Chat appears to be a "sponsor" of a book giveaway site, and since "Marketing Chat" links fold back to the freebie site, and to the home page and yahoogroup of the known and blatant copyright infringers most recently known as "BooksForNothing" I infer that Max is linked to the freebie master.

In fact, they post

Dear Members

This should make you feel that membership is worthwhile!

Here is 106 Free Business Books (you have to join their free Yahoo group first, but you will be amazed at the 1000's of books they give away, including other books like fiction, crafts, audio books etc!)

This selection of biz books is quite extensive, and there is definitly something there for everyone!


YAHOO has refused to do a thing about this brazen, copyright infringing YAHOOGROUP for years. When I reported the group to YAHOO, yahoo banned me!

You many well be amazed at the 100's of books they give away... but the fact is, most of these books are given away by persons who have no right whatsoever to give those books away, and they do so in knowing and blatant violation of the authors' and publishers' rights.

GOOGLE, YAHOO, PAYPAL, FILESONIC all profit from this piracy, and all either drag their heels or do nothing to put a stop to this rampant, deliberate piracy, while Movie companies, Book Publishers, Software Manufacturers, Musicians, and others are ripped off.

They post this message:

Please note: Our pages get shut down on a regular basis (the book companies do not like us!) so join the club (form below) and you will never miss out on the latest goodies!

Seeing the above, can there be any doubt that they are aware that they are infringing copyright? Why would any reasonable person think that book companies would be successful in getting files deleted, if not for DMCA notices?

Please feel free to share this post.

Sunday, June 27, 2010

Open letter to Allison Kelley, John Scalzi, Scott Turow.

Open letter to the Presidents of RWA, SFWA, and Authors' Guild concerning copyright infringement.

Dear Scott Turow, Allison Kelley, John Scalzi,

Thank you very much for everything you do to defend authors' copyrights against copyright infringement. We very much appreciate having an address to which to send our complaints, and the comfort of knowing that you compile a database of the most egregious "pirates" and pirate sites.

Despite small triumphs, ignorance persists among honest readers; lies about the legality of "sharing" go unchallenged, and the problem is getting much worse.

Please Scott Turow, Allison Kelley, John Scalzi will you talk to one another, set up one powerhouse task force, meet regularly, share resources, engage your members, give authors one central "Go To" address where we can submit complaints, report piracy sites, blogs and yahoogroups, cc our individual take-down notices.

One forceful industry voice could shut down an entire account and insist on a hosting site complying with their own TOS where their TOS has been repeatedly violated, instead of individual authors taking down one file at a time.

Thank you.

Rowena Cherry (IWOFA)

Permission granted to forward, share, repost, or use as a template for other open letters.

Sunday, February 28, 2010

1st Turning Point » Rowena Cherry

1st Turning Point » Rowena Cherry

A list of all the Marketing and Promotional advice articles I've shared.

Wednesday, February 10, 2010

U.S. Copyright Office - Copyright and Digital Files

U.S. Copyright Office - Copyright and Digital Files

Copyright and Digital Files

Can I backup my computer software?
Yes, under certain conditions as provided by section 117 of the Copyright Act. Although the precise term used under section 117 is “archival” copy, not “backup” copy, these terms today are used interchangeably. This privilege extends only to computer programs and not to other types of works.

Under section 117, you or someone you authorize may make a copy of an original computer program if:

* the new copy is being made for archival (i.e., backup) purposes only;
* you are the legal owner of the copy; and
* any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.

You are not permitted under section 117 to make a backup copy of other material on a computer's hard drive, such as other copyrighted works that have been downloaded (e.g., music, films).

It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy. There is no other provision in the Copyright Act that specifically authorizes the making of backup copies of works other than computer programs even if those works are distributed as digital copies.

Is it legal to sell backup copies of computer software (in online auctions or on website)? Is it legal to buy and use a backup copy of software I already own?
No. The Copyright Act does not permit anyone to sell backup copies to third parties separately from the original copy of the software. If you lawfully own a computer program, you may sell or transfer that lawful copy together with a lawfully made backup copy of the software, but you may not sell the backup copy alone.

We have been made aware of websites that are offering to sell “backup” copies of software via download over the Internet or in a custom-burned CD-R format, under the guise that section 117 permits this. Section 117 does NOT permit the sale of backup copies. Again, section 117 does not allow you to sell backup copies to someone else except when such backup copies are sold together with the original lawfully owned copy. It does not allow anyone to solely distribute “backup” copies to the public. In addition to being a violation of the exclusive right of distribution, such activity is also likely to be a violation of the terms of the license to the software. In many cases these sites appear to be a front for distribution of illegal copies, which is copyright infringement. You should be wary of sites that offer to sell you a backup copy.

And if you do buy an illegal backup copy, you will be engaging in copyright infringement if you load that illegal copy onto your computer, i.e., the unauthorized reproduction of the infringing computer program into memory. Lesson: if you want a backup copy of a lawfully owned computer program, back it up yourself.

Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.

Can I copyright my domain name?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.

Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.
Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.
Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.
For more information on this issue, see the Register of Copyrights' testimony before the Senate Judiciary Committee.

Note: The Copyright Office offers introductory answers to frequently asked questions about copyright, registration, and services of the Office. Links throughout the answers will guide you to further information on our website or from other sources. For any other questions, please visit our Contact Us page.

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U.S. Copyright Office
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Washington, DC 20559-6000
(202) 707-3000

Revised: 12-Jul-2006