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MontyBurns = GOD
So has nobody posted Druffs response in the OP to 4 or has it been deleted?
Serious question.
look at todge with a 31 year old unpaid intern just reporting back to him
Case law from 2011, involving a forum reposting an entire 19-paragraph Las Vegas Review Journal article.
The defendant won under "fair use".
https://www.wired.com/2011/06/fair-use-defense/
And that involved material the LVRJ actually produced and owned.
The ruling basically stated that it was okay because the LVRJ did not suffer any losses from it, and that the article was reposted for non-commercial discussion purposes.
Mason is claiming intellectual property over something he does not own.
All of PFA's content is non-commercial discussion, as the site does not run for profit, and in fact the Scams, Scandals, and Shadiness forum operates as a public service to inform people about poker related scams.
John Mehaffey found the above article.
The most germane part of that suit, IMO, is that Righthaven was the one who sued, and much like Mason, they didn't own the copyright to the material they were suing over, therefore they had no standing. You get the wrong judge, you have almost no chance with fair use (some judges just won't ever rule in favor of it), but if they have no standing to sue in the first place, you never need to make the argument.
True, the Demur, or "so what, your not hurt" argument applies here, and its strong in PFA's favor...PFA does not directly compete commercially with 2+2 in that PFA does not sell merchandise, has only one linked advertiser, nor take sign up commissions from online gaming sites...so its not like anyone coming to PFA from 2+2 will spend money her that would be spent at 2+2....also, PFA is has a news/commentary focus while most of 2+2 is focused on gaming instruction...and most of the PFA readers think they know gaming well enough not to look at 2+2 forums...
with all this being said....
when will druff just tell this clown to "get fucked."
this is his shining moment. why is he not shining.
(yes i get that druff wants to handle this as profesh as he can.......)
Stil no lawyer post (it's 2 am chicago time)
LOL i hope I didn't cause Mason to have a stroke or anything.
His own users are turning on him pretty quickly.
More appropriate case law would be Arkell v Pressdram (1971). Although this can was not brought in Nevada, the principle does apply in virtually all jurisdications.
29th April 1971
Dear Sir,
We act for Mr Arkell who is Retail Credit Manager of Granada TV Rental Ltd. His attention has been drawn to an article appearing in the issue of Private Eye dated 9th April 1971 on page 4. The statements made about Mr Arkell are entirely untrue and clearly highly defamatory. We are therefore instructed to require from you immediately your proposals for dealing with the matter.
Mr Arkell's first concern is that there should be a full retraction at the earliest possible date in Private Eye and he will also want his costs paid. His attitude to damages will be governed by the nature of your reply.
Yours,
(Signed)
Goodman Derrick & Co.
------------------------------
Dear Sirs,
We acknowledge your letter of 29th April referring to Mr. J. Arkell.
We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fuck off.
Yours,
Private Eye
There was no further correspondence.
Background info: http://www.lettersofnote.com/2013/08...pressdram.html
Druff, have you noticed more traffic after MM post on the hate site?
A lot of holes in the desert, and a lot of problems are buried in those holes. But you gotta do it right. I mean, you gotta have the hole already dug before you show up with a package in the trunk. Otherwise, you’re talking about a half-hour to forty-five minutes worth of digging. And who knows who’s gonna come along in that time? Pretty soon, you gotta dig a few more holes. You could be there all fuckin’ night.
A thread like this on NVG has less than 100 replies? Is 2+2 dead?
Lets see........
10:25 am CT.
no response from lawyer yet.
but this one makes me LOL
Quote:
I feel bad for the fourth-year Greenberg associate who is going to be tasked with coming into this thread to proffer a tortured defense of the TOS and Mason's bizarre notion of fair-use jurisprudence.
"Okay, after two all-nighters, I finished my section of the amicus brief.... you want me to do what? Go into an internet message board and make a specious argument to a bunch of NVG-tards???? I'm quitting to go into investment banking."
Yeah he's acting professionally ( keep the lawyers fees down)
But in other threads he's saying you should feel good getting idiots sacked from their jobs,
Even though a lot of these lazy fucking idiots have 1/2 y olds who need the fucking lazy idiots money.
Tight life millionaire
how does this keep lawyers fees down?
Let me give you a hint: he's 100% in his rights as a citizen, as a human being, to go and tell mason quite frankly to go fuck himself. He could use those words if he wants. it's not slander.
In fact, if this were me, i'd be doing 100% everything I can to entice this scumbag into a frivolous lawsuit. I'd have told the lawyer the first time i talked to them that they can eat shit.
Luckily for all parties involved, this isn't me.
But yeah, 100% would not cost him any more lawyer money if he were to do that.
If this ever did go to court, it wouldn't even get past a Summary Judgement (which i'd hope would be the first thing Druff's side would go for) and Mason et al. would be laughed out of the Nevada Court house. Hell, he might even get a bench slap from a judge for even trying to bring this matter before a court.
I'm sure your court appointed lawyer would sort this.
If DD had from the start said post what you like and fuck him, the case (if there is a case) would of taken longer.
But he acted like an adult, please don't post 2+2 stuff here without a link etc.
And please, please never give me a 'hint' again Larry
I don't think what's left of my self esteem could handled being owned by you
TIA
UPDATE
It's been almost 2 days since Mason said his Lawyer would be addressing this issue via the thread on 4.
Mason has posted once since then. Been napping i guess.....
Lawyer has yet to make an appearance (no shit right?) and now even a Green mod is wondering what's going on and wanting to see what the lawyer has to say.
Mat Sklansky just made his first appearance in response to someone who has inncorectly understood the ToS and it seems as if Sklansky himself seems to think that 2+2 has IP rights to posts (go fucking figure.)
kinda can't wait to see what this lawyer says. If anything it'll be boiler plate and we just cost mason more $ in lawyer fees.
Perhaps we can crowdfund a legal offensive against Malmuth, and drown him with legal fees and call his fucking bluff.
I'll throw the first $100.
It worked out great for Micon.
https://pnimg.net/w/articles-attachm...0cd38ee20a.jpg
I wasted about $25 donating $5 at a time with lol names.
Good times.
No lawyer statement yet.....
who's surprised?
not me.....
I don't wan't to get this thread more off track than it's already getting, but I didn't say that I felt good getting "idiots" sacked from their jobs.
I said that vindictive, highly rude, or criminally-acting employees SHOULD be fired, and you should feel good if you get one of these people fired. This is because these terrible employees make life hell for both the customer and the business owner.
What if these employees have young children to feed? Then they will be replaced with a formerly unemployed person -- also who very well might have young children to feed. Still a win.
I'm not advocating firing people who make a few foolish mistakes at work. But employees like "Tim" in Wilile's story (who intentionally gave him old meat AND stole from the register) should not keep their jobs.
Anyway, my long-term play here with Mason will be:
1) Allow all types of postings on PFA which are legally permissible
2) Disallow all types of postings on PFA which are not legally permissible
So I will be happy to remove all content brought to my attention which is owned by 2+2, provided it's not exempted by fair use.
While I am still asking people not to copy/paste third-party posts from 2+2 while this is being handled, I will also not be removing any previously-posed material from this site which 2+2 does not own, unless the owner of that material requests its removal.
Quite a lot of that money was people paying $5 to fuck with Micon by leaving inappropriate messages.
https://pokerfraudalert.com/forum/sh...l=1#post406140
Edit: I see simpdog posted much the same.
the thread over at 4 is dying a slow, silent death. mason's lawyers really taking their time on this one.
this one was my one too many, I guess.
How is Mason Malmuth not a Joseph Heller character?