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DebateDotCom.com Closed

PoeJoe
Posts: 3,822
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12/29/2008 7:08:10 PM
Posted: 7 years ago
Some of you may be wondering why Debate.org's #1 fan site it currently down.

Well, I received a cease and desist letter from WebCorp about a half hour ago. I've gotten in contact with Phil. Be chill while I try to work this misunderstanding out.
Television Rot: http://tvrot.com...
The_Mad_Hatter
Posts: 62
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12/29/2008 7:12:27 PM
Posted: 7 years ago
At 12/29/2008 7:08:10 PM, PoeJoe wrote:
Some of you may be wondering why Debate.org's #1 fan site it currently down.

Well, I received a cease and desist letter from WebCorp about a half hour ago. I've gotten in contact with Phil. Be chill while I try to work this misunderstanding out.

Reminds me of Pulp Fiction;

Be cool ringo; be cool. We're all gonna be like little Fonzies.
Labrat228
Posts: 330
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12/29/2008 7:15:03 PM
Posted: 7 years ago
At 12/29/2008 7:08:10 PM, PoeJoe wrote:
Some of you may be wondering why Debate.org's #1 fan site it currently down.

Well, I received a cease and desist letter from WebCorp about a half hour ago. I've gotten in contact with Phil. Be chill while I try to work this misunderstanding out.

I've always wanted a letter like that sent to me.. what did it say so I can live the moment in my head like I'm you.
VOTE INNOMEN

How much pot does Charlie Sheen do?
Enough to kill Two and a Half Men!
PoeJoe
Posts: 3,822
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12/29/2008 7:18:16 PM
Posted: 7 years ago
At 12/29/2008 7:10:26 PM, Logical-Master wrote:
What was the problem?

I don't think he'd appreciate it if I reveal too much. But basically, he thinks that the domain name "debatedotcom.com" infringes on the trademark "DEBATE.ORG", and that I shouldn't be running ads.

I'm trying to compromise with him. I haven't received a response yet.
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Labrat228
Posts: 330
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12/29/2008 7:20:05 PM
Posted: 7 years ago
If anything, debatedotcom.com would only bring ppl to debate.org

Why are they so serious I wonder?
VOTE INNOMEN

How much pot does Charlie Sheen do?
Enough to kill Two and a Half Men!
askbob
Posts: 7,254
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12/29/2008 9:52:50 PM
Posted: 7 years ago
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the Copyright Act (title 17, U. S. Code). One of the more important limitations is the doctrine of "fair use." Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered "fair," such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1.

the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2.

the nature of the copyrighted work;
3.

amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between "fair use" and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: "quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported."

Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of "fair use" would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered "fair" nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

FL-102, Revised July 2006

http://www.copyright.gov...
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos
askbob
Posts: 7,254
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12/29/2008 9:54:40 PM
Posted: 7 years ago
Phil can't do anything PoeJoe.

Don't let webcorp intimidate.

I mean seriously, does he really have the sparetime or the money to sue a minor? lawlz no.
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos
askbob
Posts: 7,254
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12/29/2008 9:57:45 PM
Posted: 7 years ago
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos
Logical-Master
Posts: 2,538
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12/29/2008 10:02:57 PM
Posted: 7 years ago
I don't know about that. Whether or not WebCorp is right (and I disagree with the domain name complaint), I don't think he has the resources to engage Webcorp in court. That and the cost of attorney and court cost is simply not worth the effort. I'd give in if I were him.
askbob
Posts: 7,254
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12/29/2008 10:14:35 PM
Posted: 7 years ago
1. It wouldn't even go to court, the court would simply dismiss his claim when he filed.
2. No lawyer would take this case as PoeJoe is the obvious winner.
3. Fear of going to court shouldn't rule our lives. If its clearly not unlegal, Phil will hopefully understand and not even file the suit.

If PoeJoe was using this site as a competition, or to in any way make money, Phil would have a case. As PoeJoe is simply making a fansite, Phil has no case unless he has bought all domain names and PoeJoe is stealing his domain. Which he hasn't by the way. I Whosis'd this site and he doesn't own your sites name.
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos
askbob
Posts: 7,254
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12/29/2008 10:16:52 PM
Posted: 7 years ago
illegal not unlegal

The link to the government site should explain it all. If not I posted a misc. forum topic about it.

PoeJoe should simply discuss this article with Phil.

Phil can't technically sue for any money as there really was nothing lost, especially if PoeJoe isn't making any ad revenue. There's absolutely nothing he can do. Seriously don't be intimidated.
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos
PoeJoe
Posts: 3,822
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12/29/2008 11:15:20 PM
Posted: 7 years ago
So the matter is settled.

1) I give Phil debatedotcom.com.
2) I will move the content of what was debatedotcom.com to debatetalk.com.
3) I am disallowed from using debate.org-style letters.
4) No one is paying anyone, and no one is getting sued.
5) The #1 Debate.org Fansite lives on.
Television Rot: http://tvrot.com...
askbob
Posts: 7,254
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12/29/2008 11:37:09 PM
Posted: 7 years ago
Don't you mean Phil pays you a large chunk of money for debatedotcom.com?
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos
PoeJoe
Posts: 3,822
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12/29/2008 11:45:43 PM
Posted: 7 years ago
At 12/29/2008 11:37:09 PM, askbob wrote:
Don't you mean Phil pays you a large chunk of money for debatedotcom.com?

Actually, he has to pay for the domain fees. I'm actually kinda lucky for his kindness.

At 12/29/2008 11:42:06 PM, JBlake wrote:
Why didn't he just mention it to you first, instead of starting out with intimidation and bullying?

I think it was the doing of his lawyer. He wrote, "I understand there were no bad intentions on either side so I'm not trying to be a jerk. Please don't take it as such. I am however, forced to follow protocol established by our attorney."
Television Rot: http://tvrot.com...
askbob
Posts: 7,254
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12/30/2008 9:49:24 AM
Posted: 7 years ago
Because I'm sure his attorney gets online every day.
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos
Danielle
Posts: 21,330
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12/31/2008 12:46:14 PM
Posted: 7 years ago
PoeJoe's just a "dumb kid" in their eyes; an easy target to bully. It's kind of pathetic, as an actual lawsuit taking place would have been be highly unlikely... way too expensive, and not at all worth it. What a joke.
President of DDO
askbob
Posts: 7,254
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12/31/2008 1:27:50 PM
Posted: 7 years ago
I remember when I got banned the first time for freedom of speech, I called Phil on his phone and ask him why he banned me, for the first moments of the conversation he was just stunned that someone called him.

Then he got real defensive and was like DONT CALL THIS NUMBAH EVAH AGAIN EVAH!
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos
s0m31john
Posts: 1,879
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12/31/2008 1:39:28 PM
Posted: 7 years ago
He really should try and get his phone number off the internet. Phil if you're reading this and want to know where it's at send me a PM and I'll tell you. I don't want to say it here.
RoyLatham
Posts: 4,488
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1/4/2009 12:13:51 AM
Posted: 7 years ago
Webcorp is unlikely to have prevailed if it went to court. There is no problem using a trademarked name so long as there is no confusion about the ownership of the trademark. For example, Microsoft[tm] cannot stop a person from using the word "Microsoft" so long as the person using the word is not implying in any way that they are Microsoft or pretending they represent Microsoft. There is a website named ihatemicrosoft.com, and no one could possibly think they were making money by posing as Microsoft. However, selling software with a similar name like "Microsoff" would be a big problem. DebateDotCom.com was clearly a fansite, in my opinion. (I am a registered US Patent Agent.)

That said, it's just as well to avoid trouble. Changing the site name is easy.
RoyLatham
Posts: 4,488
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1/4/2009 12:18:38 AM
Posted: 7 years ago
A name or title cannot be copyrighted. It is an exception written into the copyright law. You may write another book and call it "Gone With The Wind." the text cannot be used however, except under fair use. Names have to registered as trademarks, which is a different law.
JBlake
Posts: 4,634
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1/4/2009 9:35:02 AM
Posted: 7 years ago
Roy Lantham was explaining the law to us. He didn't attack anyone or any website. If he were banned for that I expect we would all be banned soon enough.
askbob
Posts: 7,254
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1/4/2009 10:24:19 AM
Posted: 7 years ago
Lol, I'd go before O'l Roy would.
Me -Phil left the site in my charge. I have a recorded phone conversation to prove it.
kohai -If you're the owner, then do something useful like ip block him and get us away from juggle and on a dofferent host!
Me -haha you apparently don't know my history
Kohai - Maybe not, but that doesn't matter! You shoukd still listen to your community and quit being a tyrrant!
Me - i was being completely sarcastic
Kohai - then u misrepresented yourself by impersonating the owner—a violation of the tos