djwebb2021 wrote:
Look. I think you are well-intentioned, but misinformed as to the law.
iIf you are well informed about law, then you should be putting things out more explicitly and clearly, and should be taking the opportunity to make things clearer, rather than shouting people down by calling this a "nonsense thread".
You've instead taken a very weaselly approach by citing an effectively meaningless EU test:
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If you put a file on the Internet and someone shares the link, that's not plagiarism or copyright theft. I don't know where this idea came from, but this does not reflect a knowledge of the law. This is NOT a murky area of law at all, but completely clear. [The EU, at
https://euipo.europa.eu/ohimportal/en/w ... ory/faq-et, says "You are allowed to link or embed copyright protected content which has been made available lawfully. Linking and embedding from legal source is not copyright infringement."]
Like, yeah... you are allowed to link to content which has been made available lawfully... obviously.
But what if it's being made available unlawfully...?
The same website says:
EUIPO wrote:
12. If copyright-protected works are included into my posts automatically by social media platforms, am I responsible for this and is this a copyright infringement? What if I link to them or embed them in my own website or blog?
Irish law in relation to copyright infringement is found in the CRRA 2000. There are no special provisions relating to social media, but posting or reposting of works owned by others must respect ordinary law. Linking alone, however, is likely to be lawful as Irish courts apply the rules developed by EU institutions. However, internet service provider (ISP) liability rules and the awarding of injunctions to disable subscriber access to ISP services are regulated under Statutory Instrument No 59/2012, as well as ISP/rights holder graduated response agreements, which may ultimately lead to an ISP terminating subscriber access to services.
[
https://euipo.europa.eu/ohimportal/en/web/observatory/faq-ie#12]
Note that the italicised portion specifically says
likely to be lawful, not that it
is lawful -- this is the reason I said in my previous post that I don't believe there's any case law making the call one way or the other.
Now, I'll note also that you made a significant soapbox moment before going near the specific point that is most relevant to this specific thread: whether the author's death was long enough ago that the book's out of copyright. I mean, I did make the point that the source didn't give any information to justify why they were linking to it, and I wasn't able to quickly find out his date of death. My point stands, and I'll state it clearer:
anyone sharing out-of-copyright works should take the time (approximately 1 minute) to make an explicit note of the reason the work is out of copyrightThat usually involves mentioning the year of the author's death, which is also a fairly standard mark of respect.
Now while writing this response, I did a little bit more searching and found the book was published in the 50s and the author died in 1968, so this particular book won't be copyright free until 2039.
In fact the PDF doesn't even include the author's name, so aside from copyright issues, they're basically not giving credit where credit's due.
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I have to say that the way Irish people have gleefully seized on things like copyright law dismays me.
Ah, so you're not bothered about me then, only other participants...?
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Political correctness and similar ideologies are flourishing like topsy in Ireland in a way that outstrips adherence to such things in England.
Define "political correctness".
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Yes, I've been told by someone in Muskerry to keep secret the ownership of his anonymous website in case he is sued for copyright theft - for things published decades ago. Let's not forget that EU copyright lasts until 70 years after the death of the author, so PUL's works were in copyright until 1990!!! Is that not extreme? Of course, Britain has no intention of leaving such conventions or international laws -- but we should. I think 10 years after the death is ample. Maybe it shouldn't even be 10 minutes.
You've been told by someone in Muskerry to keep secret the ownership of his website... because they're breaking the law. How revolutionary.
Do I agree that life+70 years is pretty excessive for copyright? Yes.
But that is what the law says now. Back at the turn of the century there was a tendency for people to deliberately lie about the law, attempting to convince the masses that the internet was somehow outside of copyright law. The purpose of this was to make copyright breaches so commonplace that one of two things would happen: (1) the law would be changed or (2) there would be so many lawbreakers that the people pushing the idea would have odds of about one in a million of getting taken to court.
So yeah... if you're well-informed about the law, it does suggest that you are trying to lead others to break a law that you deem unfair.
And talking of misdirection:
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This is indeed the very reason why my versions of PUL's Niamh and Mo Scéal Féin come with the explicit note that whole chapters may be copied for research and education purposes.
I see you've done a bit of caighdeanisation to the writing, which is definitely a very good thing and does generally start a new copyright, so kudos to you for that, but granting rights to copy freely your respellt version of a book the original of which is decades out of copyright... well, it doesn't say anything about creative works.
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I wrote that in there to shut down as brutally as possible people working in libraries who feel empowered by bureaucratic legislation trying to stop people taking harmless photocopies.
OFFS. It's not that librarians are little Hitlers who want to stop you photocopying, they're just trying to apply the law and avoid anyone suing the library -- they can't afford that. You're hardly making a stand against the law by giving explicit permission to people to copy, because
the law lets you do that anyway!Quote:
I will let you into a secret: I would not ever sue anyone for copyright even if they copied the whole book or even stole the book and published it as theirs. I'm not what the Irish called "a tool", that's why.
I'll also let you into a secret: everyone is different, and not everyone is the same as you.
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This is a nonsense thread.
If it is, you have made it that. The better approach is to discuss facts and opinions with people andcome to a better mutual understanding. You don't do that by insulting people and talking down to them while preaching from a soapbox.
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I have opposed copyright on a long-standing basis, and in fact there is an article on this on my former CorkIrish website at
https://corkirish.wordpress.com/2011/09 ... copyright/Yes, and here you're effectively advocating for ignoring laws you personally think are wrong. I think life-plus-seventy is far too long, but I don't think that justifies ignoring the law.