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mjshroomer
Sage
Registered: 07/21/99
Posts: 13,774
Loc: gone with my shrooms
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Hippie3's Illegal sales of Copyrighted Materials
#2837921 - 06/28/04 10:35 PM (19 years, 8 months ago) |
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Recently I was banned from Mycotopia for a small flame of someone who posted misinformation and some lies. WHile that was true I personally asked for such a ban by making some rude, crude and cruel as well as obnoxious horrible personal words of distaste and distain for hippie3. I have since repeatedly asked him to remove my posts and my copyrighted materials from his site. Materials which I have registered with the library of congress. And of which are on CD-Rom Discs with ISBN numbers of copyrighted material collections (including my art, nine books four cd-roms as well as more than 11 discs with over ten thousand graphic images. Copyrights which I renewed this spring. Some of which are also jointly with me the property of both Psilly Publications and RaverBooks. He has repeatedly told me to "F--- O--." Here is his letter to me regarding his so-called rights to my copyrighted materials. his answer to me is this
Quote:
read our disclaimer you agreed to when you registered "By your use of this site, you agree to hold harmless the server maintainers and its contributors against ANY AND ALL CLAIMS arising out of said use, regardless of the cause, effects, or fault. All posts, once made, become the property of www.mycotopia.net. By accessing this site I am agreeing to these terms. I am also certifying that I am of legal age in my local community and will conduct myself according to its laws."
Well according to him my copyrighted material is his copyrighted material. One flaw there and he will hear of it shortly. He apparently is selling cd-roms of his sites forums materials which means he is making money from and my photos are included in the archives of those discs. Discs which someone recently made available to me. My photos, as thse which have appeared in High Times, Many jurnal publications, Books (including Paul Stamet's "Psilocybin Mushrooms of the World," and many foreign magazines and journals are, for which I am paid $50.00 a piece to book publishers, magazines and other journals, mine and their ciopyrights. Not Mycotopia's of hippie3's. That is the going price per published photograph. Therefore he is already in violation of copyright infringement and I am about to let him know. He cannot profit from my copyrighted material without paying me for the right to sell my images on his cd-roms if he is makig money from the sale of his forums archives, then he has to pay me for the use of those photographs as published materials. My copyrights according to my attorney preceed his right to profit from my published material without my written consent and I must be paid for such use. A disclaimer has no written signature and is therefore invalid in a court of law. Anyone like to comment on these matters, please feel free to do so. mj
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adrug
Registered: 02/04/03
Posts: 15,800
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2837927 - 06/28/04 10:38 PM (19 years, 8 months ago) |
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One question...Why are you bringing mycotopia drama here?
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Dreamer987
The VerbalHerman Munster
Registered: 04/15/03
Posts: 5,326
Loc: Texas
Last seen: 16 years, 2 months
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2837928 - 06/28/04 10:38 PM (19 years, 8 months ago) |
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Sue his ass MJ you have given him fair warning, and been told to fuck off. Aparently he dosen't think things like copyrights are serious.
--------------------
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Dreamer987
The VerbalHerman Munster
Registered: 04/15/03
Posts: 5,326
Loc: Texas
Last seen: 16 years, 2 months
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Re: Hippie3's Illegal sales of Copyrighted Materials [Re: mjshroomer]
#2837932 - 06/28/04 10:40 PM (19 years, 8 months ago) |
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yea true, the pub definately isn't the place for this. Only peace here. This should go to Otd.
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buckwheat
Cynically Insane
Registered: 12/09/02
Posts: 11,179
Loc: Not Enough Characters to ...
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Re: Hippie3's Illegal sales of Copyrighted Materials [Re: mjshroomer]
#2837950 - 06/28/04 10:45 PM (19 years, 8 months ago) |
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If you want to get money from those cd's or sue him shouldnt you wait untill the charges are filled against him? or else he would just take your material out.
sorry i know nothing about law just seems like common sense.i guess this is more of a law question
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mjshroomer
Sage
Registered: 07/21/99
Posts: 13,774
Loc: gone with my shrooms
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: adrug]
#2838043 - 06/28/04 11:14 PM (19 years, 8 months ago) |
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Adrug,
First off I did not bring it here.
Hippie3 brought it in a post made by GGreatOne234 concerning someone who posted at Mycotopia about finding wild cubensis growing in horse manure in Alaska.
I posted my impressions of why they wuldn't be there and my belief that the person who posted the information was lying at mycotopia. And I posted the info there after responding to GGreatOne234's post at the shroomry hunting forum. I then went to Mycotopuia and responded in two eparate posts. One to the person who posted the bad info and the other to Hippie int he general questions forum posts about the impossibility of that growth with facts and SEM fotos of spores since the person who posted claimed he looked at a library microscope and said they were deifinately Cambos (Cambodian cubes) shrooms from his checking the spores under the microscope.
AS you and most here with a mind here know, P. cubensis, no matter where they are from, are P. cubensis and the spores are all p. cubensis and you cannot determine or distinguish what country the cubes are from because all the spores would be the same. Except maybe the PF red Spored Cube.
Especially since the kid posted that the shrooms came frm hors manure and that the horses recently were brought months before from Texas to Alaska and then later he said from Florida.
He also claimed they stained like blue meanies. But there was little bluing anywhere on his shrooms, which looked like outdoor home cultivated cubensis (Backed by statements form Cleanjar, a mycotopian member).
I called this this post a lie and Hippie3 deleted the whole post witht he excuse of no flaming at his site. Usually he deletes sentences from such posts. Not deletes. Thats George Orwell's 1984 with a touch of ray Bradbury's Ferenheit 451.
I only responded in GGreatOne234's post in the shroom Hunting forum. Then Hippie3 banned me and also banned my email to him. He also banned my pm messages from here to him where he constantly told me to F--- Off. So I really did not bring his drama here.
I posted here because I was unsure of where to place this post regarding copyrighted material.
However, I asked here if anyone had any comments on copyrighted material since this pub is for friendly conversation. I also did not delete any of Hippie3's comments about me or his posting my pm messages of insult to him here as he deleted a post of mine about someone telling an untrue story of shroom cultivation.
Therefore that is why I posted it in here.
I first tried to [pm the post to him but he apparently has talked to someone here regarding my right to pm him because I keep pming him to take my copyrighted material off of his site.
I did not in any way censor a single word he said about me but he did censor my post about a phony cultivation in Alaska.
The Shroomry's first point of reasoning for this site from Ythan was that this is a site to help stop the spread of dangerous or useless misinformation. And you and I and others here know there are a lot of people who post a lot of misinformation regarding their interpretations of what they think about shrooms or what they have heard from friends about shrooms (urban legends).
This post is not intended to flame anyone. It is meant as a post of a question of my asking others about what their impressions of copyrighted materials are.
A pub is a place where conversations can be discussed without the "why are you bringing Mycotopia drama here."
I have not come in here flamig anyone or asking anyone to support anyones argument. I nly came asking a simple question about this mater in a friendly context.
Mj and have a shroomy day
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Lightningfractal
Nutcase
Registered: 06/24/03
Posts: 14,899
Loc: Heaven and Hell
Last seen: 11 years, 1 month
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2838055 - 06/28/04 11:18 PM (19 years, 8 months ago) |
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-------------------- Hi how's it going, wanna kick Heroin basically painlessly on your own, in your own house, without any government "help" ,or the "help" of a crazy condescending, judgmental medical doctor? Read this: https://www.shroomery.org/forums/showflat.php?Cat=0&Board=42&Number=7342616&page=0&fpart=all
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Corporal Kielbasa
Registered: 05/29/04
Posts: 17,235
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2838066 - 06/28/04 11:22 PM (19 years, 8 months ago) |
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I feel for ya man. I dunno what else to say ..... other then LIFE IS A GARDEN DIG IT!
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Redstorm
Prince of Bugs
Registered: 10/08/02
Posts: 44,175
Last seen: 5 months, 8 days
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Re: Hippie3's Illegal sales of Copyrighted Materials [Re: mjshroomer]
#2838071 - 06/28/04 11:24 PM (19 years, 8 months ago) |
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I respect you, but it is not doing you any good to put something like that here. Kepp it between you two and spare us the drama.
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Lightningfractal
Nutcase
Registered: 06/24/03
Posts: 14,899
Loc: Heaven and Hell
Last seen: 11 years, 1 month
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Re: Hippie3's Illegal sales of Copyrighted Materials [Re: Redstorm]
#2838089 - 06/28/04 11:32 PM (19 years, 8 months ago) |
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-------------------- Hi how's it going, wanna kick Heroin basically painlessly on your own, in your own house, without any government "help" ,or the "help" of a crazy condescending, judgmental medical doctor? Read this: https://www.shroomery.org/forums/showflat.php?Cat=0&Board=42&Number=7342616&page=0&fpart=all
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onetime
onetime
Registered: 11/13/03
Posts: 3,609
Last seen: 13 years, 3 months
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: Corporal Kielbasa]
#2838112 - 06/28/04 11:39 PM (19 years, 8 months ago) |
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imo that guy is a faggot yeah he seems to know his shit but he talks shit to me when i miss spell words or if i say what works with me
i know there is what i think are wild cubes in alaska becouse i have seen them and grown them and they look and act like cubes but the potantcy sucks so we never made prints well there jsut as potant as normal cubes i geuss but the size after dry is like .1 gram a shroom so there not worth growing but who knows what they were i think they were not native to alaska but old caseings that got toses and spores floated around and they grew like that one shroom found in the mountains of colordo a few yrs ago
-------------------- See? Yes, with my own three eyes. Depression, Misspells , wanting everying thing i cant have haveing nothing i want
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Sev
Astropath
Registered: 06/06/03
Posts: 1,426
Loc: NY
Last seen: 9 years, 5 months
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2838136 - 06/28/04 11:46 PM (19 years, 8 months ago) |
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DMCA the motherfucker. Write his ISP and tell them that his site is in violation of the DMCA; that he is posting (and selling) copyrighted materials, etc, etc. The ISP will most likely yank the site, at least for a short time, and perhaps permanantly.
Additionally, did you upload the pictures to his site, or did you link to them from another site? If you did the latter, his shrink-wrap license is completely void; if you did the former, he might have a chance.
-------------------- "Do we want the stars? We can have them. Can we borrow cups of fire from the sun? We can and must and light the world." --"On the Shoulders of Giants", Ray Bradbury All of my posts are full of fiction and blatant lies.
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shriek
*********
Registered: 12/13/03
Posts: 3,274
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2838925 - 06/29/04 07:33 AM (19 years, 8 months ago) |
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copyrighted material is because you should have the right to decide who can copy it. i think you can do whatever you want to do with it, also have it removed from mycotopia. and when it comes to having copyright vs a unsigned disclaimer your case is very strong. i am glad there is someone like you that can tell what is truth and not, i experience all the time to read one thing and later you find out its all bs , misinformation is annoying rock on mj
Edited by shriek (06/29/04 12:28 PM)
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Phishgrrl
Walking in thetall trees...
Registered: 05/03/04
Posts: 5,079
Last seen: 18 years, 9 months
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2839083 - 06/29/04 08:46 AM (19 years, 8 months ago) |
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I'm glad he posted it here, as it is of interest to our mushroom community- and the pub is a place to discuss things- and a lot of us bring our problems here....if you think about it, it is something we would truly discuss in a pub, why not?
This is not fictional drama occouring in MJShroomer's mind, it is MJ's true life and it is something important happening to him.
I wish Hippie3 could be more respectful of your property. It would be great if he would share his side of the story too; so it could be discussed more thoroughly, and then no one could complain about not knowing the whole story.
MJ, from what I know of you, you are a wonderful asset to the mushroom community of the Shroomery, and of the Earth, and I wish you the best of luck in all your endeavors, and in this legal situation.
Namaste!
-------------------- Once in awhile you can get shown the light In the strangest of places if you look at it right...
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McKennaFan200
AmateurGairologist
Registered: 04/30/04
Posts: 5,395
Last seen: 10 years, 5 months
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2839133 - 06/29/04 09:08 AM (19 years, 8 months ago) |
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MJ-You are certainly within your rights asking for money/and or removing your material from said cds. I hate when people abuse other's work, it's disgusting. I hope you get everything you ask for. Much respect.
-------------------- "It seemed to me culture is a shabby lie. Or at least this culture is a shabby lie. If you work like a dog, you get 260 channels of bad television and a German automobile. What kind of perfection is that?"-McKenna
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OneMoreRobot3021
Registered: 06/06/03
Posts: 61,026
Loc: the sky
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2839148 - 06/29/04 09:12 AM (19 years, 8 months ago) |
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Yeah...I don't understand the "don't complain here" reactions...I come here and complain if I'm tired and don't want to be at work - meanwhile mj takes the time to pretty much present a case..anyway..you're in the right and you know it, and even if the law don't side with ya, karma'll have him sitting at his computer when a stray lightning bolt hits his house and sends a few thousand volts through the electrical system. no, no, that's mean, but he'll get something. like a rash.
-------------------- Acid doesn't give you truths; it builds machines that push the envelope of perception. Whatever revelations came to me then have dissolved like skywriting. All I really know is that those few years saddled me with a faith in the redemptive potential of the imagination which, however flat, stale and unprofitable the world seems to me now, I cannot for the life of me shake. -Erik Davis
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onetime
onetime
Registered: 11/13/03
Posts: 3,609
Last seen: 13 years, 3 months
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: OneMoreRobot3021]
#2839304 - 06/29/04 10:05 AM (19 years, 8 months ago) |
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sorry Mj i wasnt talking about you. i was talking about hippie i dont like him he always made fun of me for the way i type. and that is what i ment that the shrooms my freind found were old caseings dumpbed out hahaah sorry man
-------------------- See? Yes, with my own three eyes. Depression, Misspells , wanting everying thing i cant have haveing nothing i want
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Seuss
Error: divide byzero
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 1 month, 19 days
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2839382 - 06/29/04 10:28 AM (19 years, 8 months ago) |
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> A disclaimer has no written signature and is therefore invalid in a court of law.
These types of disclaimers are very difficult, if not impossible, to uphold in court.
> My copyrights according to my attorney preceed his right to profit from my published material without my written consent and I must be paid for such use.
Let us pretend that I uploaded one of your pictures to his site. Would he have ownership of your pictures, which I uploaded? This one is going to get interesting, but the courts usually side with the original copyright holder.
Remember, for the most part all a copyright does is give you the right to sue another for making profit from your works without permission. You should be able to stop him from selling anything which is based on your work until after the courts get done, at a minimum. You should also be able to get compensation for anything he has already sold. Finally, you should be able to demand that your work be removed from his publications. Because he is using digital media, the DMCA comes into play... you are in a much stronger position than if he had been publishing on paper. Work with an attorney and envoke your right to sue... assuming that you care enough. You will probably loose money on legal fees, but then so will he... just depends upon how much of deal you want to make of it.
-------------------- Just another spore in the wind.
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baraka
Registered: 07/15/00
Posts: 10,768
Loc: hyperspace
Last seen: 2 years, 2 months
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Re: Hippie3's Illegal sales of Copyrighted Materials [Re: mjshroomer]
#2839428 - 06/29/04 10:42 AM (19 years, 8 months ago) |
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That disclaimer probiably wouldnt hold up. I have to say i have not been the most ethical with software and movies, but id never resell any of it.... making a profit off someone elses stuff is wrong.
If i truly enjoy a game i will buy it, but many i cds and games i dont see the point in wasting money on it if im going to just play it for 30 min then delete it and forget.
I bet threating legal would prolly make hippie redecide removing the stuff. I would imagine he dont want the attention.
-------------------- This is the only time I really feel alive.
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Lightningfractal
Nutcase
Registered: 06/24/03
Posts: 14,899
Loc: Heaven and Hell
Last seen: 11 years, 1 month
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Re: Hippie3's Ilegal sales of Copyrighted Materials [Re: mjshroomer]
#2839465 - 06/29/04 10:59 AM (19 years, 8 months ago) |
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http://www.shroomery.org/forums/showflat...=&fpart=all
http://www.mycotopia.net/cgi-bin/discus/board-auth.cgi?file=/64748/147203.html
Mjshroomer said:
Quote:
Fuck you and the bitch whore whose body you slithered out from. You can permanantly bann me for all I care.
The kid fucking is lying and it makes yuo an asshole for deleting it. I have just made a web page of the whole affair and I will post it at the front of my website for all to see. I could care less about you and your shit. Go fuck yourself and your children hope they all die in a horriblel car accident.
Asshole phony fucking hippie.
mj
And I want all of my posts removed from your fucking web-site.
Period.
Why would you wish someones children would die?
-------------------- Hi how's it going, wanna kick Heroin basically painlessly on your own, in your own house, without any government "help" ,or the "help" of a crazy condescending, judgmental medical doctor? Read this: https://www.shroomery.org/forums/showflat.php?Cat=0&Board=42&Number=7342616&page=0&fpart=all
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