2016-03-21 - Charles Gellman: "1448 Madison Street apt 409 Oakland, Ca US"

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Luminous Being said:
The mails are auto generated and sent by Cloudflare not Gellman. Wouldn't Cloudflare be the copyright holder? Are DMCA takedown requests even considered to be protected/privileged information?
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Not those messages. These: https://kiwifarms.net/threads/2016-02-06-charles-gellman-defamation-lawsuit.17500/

DrJonesHat said:
Emails equally belong to the person sent them,
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Not according to the law. This isn't really a grey area at all. Those emails are the creators.

AnOminous said:
You can't impose a duty of confidentiality on someone by just emailing them something, and the only way of letting other people know someone sent you a threatening email, which you have a right to do, is often to repost it in its entirety. I'd feel no fear counter notifying that.
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I agree: duty of confidentiality is bullshit.

However, this is copyright. If Cloudflare is looking for a reason to kick the Farms off their services, not hopping through the proper hoops for a DMCA request is a good way to do it. This is true even if the takedown is bullshit and the issuer would obviously lose a fair-use claim.

So I agree that a counter-notice is the proper move. Just don't ignore this.
 
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Cloudflare will never remove you from their service, even if you host child pornography or are ISIS. Cloudflare's entire schtick is absolute impartiality which is why it's the single largest network in the entire world. They are well protected by existing international laws.
 
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Oakland, huh? Funny that he's almost the complete opposite of his fellow East Bay autist ADF/Philthy, save for their common trait of responding to us with ridiculous ranting and ineffectual threats.
 
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Sarcastic Username said:
Those emails are the creators.
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If this was the case then it would be illegal to record any phone conversations you have because your side of the conversation is 'copyrighted.'

Go try to sue Apple for using a recorded sperg-out on their customer support line that they use as training on how to handle other spergs calling customer services, claiming that yelling at a customer service rep is a copyrighted work of art. How is email any different?
 
Shugo said:
If this was the case then it would be illegal to record any phone conversations you have because your side of the conversation is 'copyrighted.'

Go try to sue Apple for using a recorded sperg-out on their customer support line that they use as training on how to handle other spergs calling customer services, claiming that yelling at a customer service rep is a copyrighted work of art. How is email any different?
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It probably has something to do with the message that always plays during those calls: "this call will be recorded for training or performance evaluation purposes" before you actually get to talk to anyone.
 
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sugoi-chan said:
"this call will be recorded for training or performance evaluation purposes"
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I was under the impression that that has to do with wiretapping laws. Some states in the US require you to inform the other party if the call is being recorded, and since most call centers take calls from all around the country, they do it as a precaution wherever you're calling from to be legal.
 
Aside from there being no case law to back up a DMCA regarding emails being posted in their original form, I publicly state I will post your emails if I want.

https://kiwifarms.net/help/removing-content/

Defamation
Before you even waste my time with your frivolous legal issues, keep in mind these points.

  • We are protected by 47 U.S.C. § 230. This means that the posters on this website own their content, not me, and are legally liable for any defamation they commit. You will not win a legal suit against me and there is case law to prove it.
  • I will never surrender any information on my users unless I am subpoenaed.
  • I am an insane person on the Internet with no assets. There is nothing you can take from me.
If you still want your garbage legal letters to end up in the dumpster, send them to legal@kiwifarms.net.
 
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Gelman SS.jpg


The original KiwiFarms thread on this jackass is at the top of the Google search for his name. I'm sure this is what's behind the DMCA filing and the lawsuit threats (which were answered hilariously by @Null on another thread). No doubt prospective clients for his healthcare business, as well as his PUA scam, have been reading our postings.
Folks, this is what happens when you use your real name and home contact info for sensitive/controversial Internet stuff, and/or handle criticism like a four year-old.
 
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Sarcastic Username said:
Not those messages. These: https://kiwifarms.net/threads/2016-02-06-charles-gellman-defamation-lawsuit.17500/



Not according to the law. This isn't really a grey area at all. Those emails are the creators.



I agree: duty of confidentiality is bullshit.

However, this is copyright. If Cloudflare is looking for a reason to kick the Farms off their services, not hopping through the proper hoops for a DMCA request is a good way to do it. This is true even if the takedown is bullshit and the issuer would obviously lose a fair-use claim.

So I agree that a counter-notice is the proper move. Just don't ignore this.
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You know the funniest parts Cuck. 1: The thread would have died and been forgotten if not for your stupidity. 2: Your spending a lot more money on this than we ever will. 3: We still get to laugh you faggot.
 
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Null said:
Aside from there being no case law to back up a DMCA regarding emails being posted in their original form, I publicly state I will post your emails if I want.

https://kiwifarms.net/help/removing-content/

Defamation
Before you even waste my time with your frivolous legal issues, keep in mind these points.

  • We are protected by 47 U.S.C. § 230. This means that the posters on this website own their content, not me, and are legally liable for any defamation they commit. You will not win a legal suit against me and there is case law to prove it.
Click to expand...

The CDA refers specifically to defamation, although it has been interpreted very broadly to include things like fraudulent statements and other kinds of speech that can get you sued. Posters are responsible for their own posts and not those of anyone else.

However, copyright is specifically covered by things like the DMCA and is a different category of material. There isn't direct liability for "violating the DMCA," though. Not complying with notices, though, means you don't get absolute immunity from copyright suit for content posted by third parties. It doesn't, however, create liability where none would exist.

I'd at least consider looking at the content covered by the DMCA notices and zapping it. It's not like the posters can't link to it or counter notify.
 
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Gosh all he had to do was contact me and ask I'd have deleted that thread out of respect for a fellow human being. I had no idea he was kicking up a fuss, all I know is I made a thread linking to 'manhood academy' and saying 'hahaha check this out', then I had my original post edited by the moderators to include a bunch of defamatory content about Mr. Charles Gellman without my knowledge or consent.

If Mr. Gellman wants that thread taken down all he had to do was ask me, gosh. I'm a reasonable guy who follows all known cyberbullying laws.
 
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