This evening, after I got home from work, I got an email from the abuse team, saying:
We have received a report, properly formatted under the provisions set forth by United States law, indicating that your entry located at http://www.livejournal.com/users/cheshyI did send a reply and submit a followup question to the abuse team, but I'm worried I won't get a response in time, given (a) the holiday weekend, and (b) the Abuse FAQ's statement that "due to the high volume of requests and the fact that the Abuse Team is composed of volunteers, it may take time for your request to be answered."
re/29224.html violates the copyright of another. As such, we hereby direct you to remove that entry as soon as possible, but no later than Monday, 03 January 2005, at 12:01 A.M. EST, to avoid further action against your account.
Here are some of my questions and concerns, if anybody knowledgable has more information:
First of all, it's a holiday weekend and they only gave me until Monday. Libraries and offices are closed during this time, making research difficult. Any way to get an extension on their deadline?
Second, I'm wondering whether the folks from abuse actually reviewed the page in question before sending me notice, or does abuse merely ferry copyright complaints along and let the two parties settle it among themselves? [The former means that I've got somebody else's opinion that I infringed, while the latter means it's more her word against mine.]
On a related note, I'm somewhat confused over the disparity between the email I received (and FAQ 136) and the passage on copyright in the LJ TOS:Third, what's abuse's next step? If I don't take down the post, will they suspend my account? They demanded I "remove that entry" -- but what if I merely edit the entry to remove the offending portion? What if I lock it as private, but don't make any other edits? Again, this goes back to #2 and wondering what role the Abuse team is actually playing in copyright claims.The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the LiveJournal.com staff in protecting such ContentHow does that reconcile with the abuse team's role?
I suppose those are all the questions I have at the moment. Given the holiday weekend, it probably feels more urgent than it is.
I'll confess, I wonder if I can't make a counterclaim and demand she restore to me all the comments I made (which should be my copyright) which I no longer have access to because she locked the post.
Added later: I suppose what this really boils down to is that I feel I need to have a conversation (via email or chat) with somebody on the Abuse Team to work out a solution. I've filed my own abuse request, but I perceive enough options and mitigating factors that I don't think I can just post the litany and expect a simple response. Especially given the tight deadline and holiday weekend. I want/need some back-and-forth to work out a mutually satisfying solution. Any idea if/how to contact somebody on the Abuse team for something like that?