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Posted by Onideus Mad Hatter on 09/14/05 08:21
On Wed, 14 Sep 2005 00:02:36 -0500, Noodles Jefferson
<silverbells@tacoshells.com> wrote:
>No, not one of his friends from the newsfroups. Uncle Antny has a free
>to all flonkers (which hatter's never been considered one of) server
>and he put his pics up on that. antny@meow.org, I believe. He may not
>even know it's up there. Maybe you should get a hold of him and explain
>the situation before netkkkopping him, since AFAICT he and oblivious
>mad poser have never been real tight.
Anthony and I aren't tight, eh? *shrugs* Whatever you say, Noodle
Head. I'm sure if he doesn't want them up there he'll take them
down...or not, I would imagine he'll wait and see what his host says.
Given that the images are my intellectual property and fall under the
de minimis doctrine of fair use laws coupled with the fact that
Terence forfeited his copyrights to Tripod upon uploading them to
their server...yeah, pretty much that leaves him with only two options
of offense:
1. claim it's pornography and try and get it removed for
that...however the definition of pornography clearly states that the
primary purpose of the image must be to cause arousal...which is most
certainly not the primary purpose in this case.
2. claim the images are harassment...but then I'm claiming the images
are satire. Terence Cooter is a net.kook, the images are designed to
provide entertainment, not to attack the poor fool. Since the United
States Supreme Court backs this line of thinking (see Jerry Fallwell
vs Larry Flint) it is unlikely that a host will side with Fly Poofter
unless they sway to the Christian conservative side of things (like
WestHost does)...or if they're feeling especially sorry for the
individual in question. Apparently Fly Poofter called up WestHost and
was practically in tears over the situation, which is why they asked
me to take down the images or they would deny people access to them on
their end.
--
Onideus Mad Hatter
mhm ¹ x ¹
http://www.backwater-productions.net
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