Important: boutique sections closed... DMCA kicks in.

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Re: Important: boutique sections closed... DMCA kicks in.

Postby Mugshot » 27 Jul 2011, 01:33

this LK is a real d-bag. just you wait Mr. Ketner (or whatever/however you spell your freaking name), imma build ANOTHER TONEBENDER USING TRANSISTOR ARRAYS TO PISS YOU OFF SO BAD YOU'D SH!T BRIX. imma clone your "PATENTED" fuzz, and make it known to everyone i know that it is similar to "your" ( :roll: ) fuzz, then sell it for cheapz. or better yet, send it to a Chinese manufacturer to clone it and sell it for even cheaper, and undercut your earnings. :evil:

:lol:
signatures are for the weak.

FiveseveN wrote:
considering the low quality of the transistors and caps

Are Asian electrons inferior to American electrons?
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Re: Important: boutique sections closed... DMCA kicks in.

Postby telecaster » 27 Jul 2011, 01:53

Maybe J.Wong can design one for $30.
KindaFuzzy - Looks like a blue nail polish and nutella sandwich.
Freekish - "Our originality is in the basement. Our business is in the toilet"
Guitarlcarl - I did take offence at being called an idiot by a moron.
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Re: Important: boutique sections closed... DMCA kicks in.

Postby modman » 27 Jul 2011, 02:15

telecaster wrote:Yeah, i know. Don't mess with Texas.

I will mess with Texas, just not every friggin' day of my life...
then I also have to mess with Philly, and NY and Indiana of all places; and then the wife gets jealous...
"The whole point of diy is diy. It's not dsoiyathodtr - do some of it yourself and then have others do the rest" (paulc)
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Re: Important: boutique sections closed... DMCA kicks in.

Postby culturejam » 27 Jul 2011, 02:22

telecaster wrote:I doubt that would happen simply because he doesn't own the copyright to anything posted on this site. You know it, I know it, and I'm sure he knows it too.

Yes, we all know it. But what if the suit doesn't allege IP infringement of any sort? What if it alleged cyber bullying, harassment, defamation, etc. All of that stuff is touchy-feely grey area legally, and it could always go either way. That's the kind of suit that's difficult to defend against.
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Re: Important: boutique sections closed... DMCA kicks in.

Postby modman » 27 Jul 2011, 02:28

culturejam wrote:
telecaster wrote:I doubt that would happen simply because he doesn't own the copyright to anything posted on this site. You know it, I know it, and I'm sure he knows it too.

Yes, we all know it. But what if the suit doesn't allege IP infringement of any sort? What if it alleged cyber bullying, harassment, defamation, etc. All of that stuff is touchy-feely grey area legally, and it could always go either way. That's the kind of suit that's difficult to defend against.

For cheap hosting, the bottom line is: if somebody really wants to take you down, it would take just a few days, a few orchestrated, repeated blows.

The DMCA has been criticized for making it too easy for copyright owners to encourage website owners to take down allegedly infringing content and links which may in fact not be infringing. When website owners receive a takedown notice it is in their interest not to challenge it, even if it is not clear if infringement is taking place, because if the potentially infringing content is taken down the website will not be held liable. The Electronic Frontier Foundation senior IP attorney Fred von Lohmann has said this is one of the problems with the DMCA.[18]
Google asserted misuse of the DMCA in a filing concerning New Zealand's copyright act,[19] quoting results from a 2005 study by Californian academics Laura Quilter and Jennifer Urban based on data from the Chilling Effects clearinghouse.[20] Takedown notices targeting a competing business made up over half (57%) of the notices Google has received, the company said, and more than one-third (37%), "were not valid copyright claims."[21]

http://en.wikipedia.org/wiki/Digital_Mi ... Criticisms

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Re: Important: boutique sections closed... DMCA kicks in.

Postby CodeMonk » 27 Jul 2011, 02:29

modman wrote:
telecaster wrote:Yeah, i know. Don't mess with Texas.

I will mess with Texas, just not every friggin' day of my life...
then I also have to mess with Philly, and NY and Indiana of all places; and then the wife gets jealous...


Stay away from Nevada then. Frontier justice there, but they also gots hookers :)
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Re: Important: boutique sections closed... DMCA kicks in.

Postby abfackeln » 27 Jul 2011, 02:41

I've been a bit intermittent lately, but agree that keeping cool is the way to go....

Kicked in some more scratch to the tracersfund..... If we need to make it an annual deal to maintain a new server, I'm in!
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Re: Important: boutique sections closed... DMCA kicks in.

Postby rocklander » 27 Jul 2011, 02:50

modman wrote:
telecaster wrote:Yeah, i know. Don't mess with Texas.

I will mess with Texas, just not every friggin' day of my life...
then I also have to mess with Philly, and NY and Indiana of all places; and then the wife gets jealous...

meh... he looks harmless enough? it's not like he's carrying a whip or anything...

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Ronsonic wrote:...the lower the stakes the more vicious the combat.

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Re: Important: boutique sections closed... DMCA kicks in.

Postby Jack Deville » 27 Jul 2011, 03:56

Wow.

I go back to the bay area for five days and I come home to this?!

Un-fucking-real. Speaking as a guy who makes his living designing and manufacturing musical effects and accessories, I'm disgusted and disappointed one of my cohorts has taken this stance. It is truly disappointing. I'd like to believe I've got some good ideas and "clever" solutions to trivial situations that musicians encounter, but fuck man. Who are we kidding?! We're not making super-top-secret-nasa-space-ship-black-ops dirt boxes! We're making fucking guitar pedals. I gotta say it again: WE ARE MAKING FUCKING GUITAR PEDALS. Everyone catch that? GUITAR PEDALS.

I know it seems like a really big deal, and its probably true that without this small sect of specialized commerce, the global economy would collapse and capitalism as we know it would fail/fold and doomsday would be upon us, but shit man. Come on. Get happy people are taking note of the product being dissected! There's a lot of guys out there who can't claim the same level of interest.

I guess its just human nature. Someone's gotta get sore about something.
Anyhow, if the responsible parties read this post, I ask you: Please relax. Its just a fucking pedal. Stop shitting on my socks.
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Re: Important: boutique sections closed... DMCA kicks in.

Postby osa » 27 Jul 2011, 04:08

Wow, what a lot of fuss!!
Last edited by culturejam on 28 Jul 2011, 00:14, edited 1 time in total.
Reason: comment edited on request of posting member (osa)
Have you lost your mind? People are only interested in building fuzz boxes!
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Re: Important: boutique sections closed... DMCA kicks in.

Postby atreidesheir » 27 Jul 2011, 04:29

osa wrote:redacted

We do nothing. No reply to any provocation, no matter how big or small. Give him no grounds to say anything.

The spotlight is on us for a while.
Look Sharp! :thumbsup
Last edited by culturejam on 28 Jul 2011, 00:15, edited 1 time in total.
Reason: original quote edited on request of quoted member (osa)
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Re: Important: boutique sections closed... DMCA kicks in.

Postby drbob1 » 27 Jul 2011, 04:36

Yeah, I say play it on the downlow, get the hosting issues sorted out then worry about LK. Although I think Mictesters idea of going after him on the basis of his hosting agreement with HIS service provider is fair, since he has admitted in open forums that he's bullying and abusing this website.

Anyway, I'm kicking in to the fund...

(sorry about paying in US$)
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Re: Important: boutique sections closed... DMCA kicks in.

Postby okgb » 27 Jul 2011, 04:48

As if any of us are ever going to pay their money to buy their bloated bunk
if anything the opposite , I'll go out of my way to make sure i support them in No WAY
and further the cause of de-bunking the hype of magic boutique pedals to the general public
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Re: Important: boutique sections closed... DMCA kicks in.

Postby celadine » 27 Jul 2011, 05:28

Thanks to Modman and other moderators for taking care of these DMCAccusations. We have never advocated breaking laws on the forum, even the idiot DMCA. Lets keep building/modding/enjoying summer!
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Re: Important: boutique sections closed... DMCA kicks in.

Postby toneman » 27 Jul 2011, 05:55

DUH!
Just show prior artwork....
"prior artwork" = Redraw the clone of the clone of the clone schematic to resemble the original that it(they) was(were) based. Nice to have an old company logo and/or an old mm/dd/yr on the original schemo :shock:
Different capacitors and/or resistors do not make a "new design" :scratch:
(yawn) not too much in the way of "new" fuzzboxes (yawn)
THIS forum has proved that beyond the shadow of a doubt.
Thanks modman and all :!: :applause: :thumbsup
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Re: Important: boutique sections closed... DMCA kicks in.

Postby culturejam » 27 Jul 2011, 06:05

atreidesheir wrote:We do nothing. No reply to any provocation, no matter how big or small. Give him no grounds to say anything.

The spotlight is on us for a while.
Look Sharp! :thumbsup

Yes. I would encourage everyone to "take the high road" in this situation. No good can come from *stooping down* to fight. I believe a quote from "The Karate Kid: Part Two" is appropriate here. Miyagi say: best block, no be there.

And honestly, it's just pedals. While the bigger issue at stake here is free speech and the abuse of IP laws, we have to keep in mind that we're having a war over a fucking Tonebender. Let's just think about that for a minute.

I'm not happy with the situation we're in at the moment, but all of us are still people. People are fallible and imperfect, and we all have moments we'd rather forget. Let's just take a step back and think about what's important while the forum is in "pause mode" and we move forward.

I hate to sound like a hippy (okay, actually I don't), but I really would prefer that we direct this immense momentum toward something positive and beneficial rather than something negative and hurtful.
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Re: Important: boutique sections closed... DMCA kicks in.

Postby iq01221 » 27 Jul 2011, 06:08

roseblood11 wrote:People, cool down

...and build more pedals!

...like "The Fat 60's Retrobush Fuzz":
http://forum.musikding.de/cpg/albums/us ... o_rb11.gif

Actually, i'd send this to joyo pedals. So, they make lots of them for $25 each one. Then, I keep a stock( 100 maybe...), change a few caps, paste a calc on the top of it, and offer $165 for a butiq' retrofreeking fuzz :lol: .
I still can't believe that a proffesional man say that a group of amateurs hobby builders are criminals, just 'cause they see he's cheating people with a cloned product.
C'mon! LK, it's a CLONE!! We all know, and nobody want to take your busines down. But if you want to, it's ok, let we tell it; lets say it in chorus:
IT'S A CLONE!! :applause: :applause:
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Re: Important: boutique sections closed... DMCA kicks in.

Postby Electric Warrior » 27 Jul 2011, 07:53

toneman wrote:DUH!
Just show prior artwork....
"prior artwork" = Redraw the clone of the clone of the clone schematic to resemble the original that it(they) was(were) based. Nice to have an old company logo and/or an old mm/dd/yr on the original schemo :shock:
Different capacitors and/or resistors do not make a "new design" :scratch:
(yawn) not too much in the way of "new" fuzzboxes (yawn)
THIS forum has proved that beyond the shadow of a doubt.
Thanks modman and all :!: :applause: :thumbsup


Circuits are not considered artwork and therefore not subject to copyright. They can be patented, but in that case they'd need to be really innovative and the circuit diagram would have to be published, anyhow.
PCB layouts and schematics on the other hand may be considered artwork.
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Re: Important: boutique sections closed... DMCA kicks in.

Postby roseblood11 » 27 Jul 2011, 11:35

telecaster wrote:I believe this really needs to be answered to and running may not be the solution. Otherwise this nonsense is going to happen again no matter where you go.


Agree!

http://www.durangobill.com/Fight_DMCA_Abuse.html:
How to fight back legally

First, make a backup copy of all the material that you will have to delete. You may need this when you want to restore your web page. Then remove the material in question from your web page. You may substitute a brief note informing potential page viewers that a DMCA attack has been filed against your web page and the material has been temporarily deleted for 10 business days while you contest the DMCA charge via a "Counter Notification Letter".

File a "Counter Notification Letter" with your web host. The original "Notice of Infringement" will give you the minimal amount of information required and where to send it.
See "2)" above, the "Do-It-Yourself Counter Notification Letter", for a "fill in" form letter that is much more helpful.

After you file the "Counter Notification Letter" the people that sent you the "Cease and Desist" notice, (the ones that are claiming that you are using their material) have to file a lawsuit against you within 10 business days or else your web host has to restore your original web page.

As part of the "Counter Notification Letter" you have to state that you will accept a lawsuit from the "Cease and Desist" people. Initially this sounds frightening, but it actually works in your favor. If you were actually infringing the original "Cease and Desist" people, they could legitimately file a lawsuit against you without using the DMCA - thus this requirement on the "Counter Notification Letter" does not open you up to anything that you weren't already liable for. When you return the "Counter Notification Letter", it lets your web host off the hook. Now the original "Cease and Desist" people must file a lawsuit IN YOUR DISTRICT COURT if they want to continue. Frequently this would involve travel and legal expenses on their part. If they do not file a lawsuit (most likely outcome), your web host will restore your web page and you are back in business again.
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Re: Important: boutique sections closed... DMCA kicks in.

Postby Hides-His-Eyes » 27 Jul 2011, 12:22

osa wrote:[edited to remove the unsavoury text as per request]
rocky


Don't you dare. Suddenly it's not DMCA, it's investigations of harassment or threats.

Don't you fucking dare.
Last edited by rocklander on 28 Jul 2011, 00:20, edited 2 times in total.
Reason: removed text as per request
Testing, testing, won too fwee
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