Jack's Inflamed Colon's Law Firm wrote:

All you did was link a bunch of C&D's, most of which were written by lawyers. There's no indication whatsoever that they were acted upon. Again, I have experience on this. You are reading a web page. I know this has been your MO for north of 5 years but I'd think you would have learned by now.

Furthermore, as again per your MO, you obviously haven't bothered to READ the site in it's entirety as it pertains to your argument.

Quoting the site:

"Question: What is the purpose of copyright law?

Answer: Copyright law provides an incentive to create software, music, literature and other works by ensuring that the creator will be able to reap the financial benefits of the work."

Your quoted works on metafilter have no monetary value and you are not selling them. Therefore you cannot invoke the DMCA for damages against the ISP.

Again, from your site:

"In a civil suit, an infringer may be liable for a copyright owner's actual damages plus any profits made from the infringement. Alternatively, the copyright owner may avoid proving actual damage by electing a statutory damage recovery of up to $30,000 or, where the court determines that the infringement occurred willfully, up to $150,000. The actual amount will be based upon what the court in its discretion considers just. (17 U.S.C. 504)

Violation of copyright law is also considered a federal crime when done willfully with an intent to profit. Criminal penalties include up to ten years imprisonment depending on the nature of the violation. (No Electronic Theft Act, 18 U.S.C. 2319) "

There are no damages here. Hence no need for action on the ISP's side.

In addition quoting your public freely available statements falls under fair use:

"Copyrighted works may be used for purposes such as criticism, comment, news reporting, teaching, scholarship, or research."

Since most people quote your comments to make fun of you that clearly falls under criticism. However if I am reporting to the community here that "ryvar said this" then its news reporting. All the metafilter copyright does for you is make sure that I cannot claim that a post you made is my original work.

I'm sure you will react to all this by simply saying "yeah but the ISP will remove them all within 24 hours regardless of the truth of my claim" in which case even by bringing it up you are directly threatneing people. If that is not your counter claim then all of this is moot and you should have never brought it up to begin with.

JICLF