Legal Right of Original Content Publisher on Blog and Forums is one of the most talked topic today either directly or in indirect ways like SOPA, DMCA etc. There is disclaimer from me as author of this article on Legal Right of Original Content Publisher on Blog and Forums – I am not a Lawyer or have any degree on Law a the time of writing and publishing this article. This article can not be taken as basis for solving any situation. This article on Legal Right of Original Content Publisher on Blog and Forums is just for giving an idea to the innocent original artists, developers or writers to roughly understand their stand point. One must consult a Lawyer of his or her own for specific Legal Right of Original Content Publisher and take the steps accordingly.
Legal Right of Original Content Publisher
No one can verbatim copy regardless of the reason, giving credit or not. Even if you, the original writer re-published an article in one forum owned by a third person, consequently the owner has stopped your access (like banning), you have the right to take it down. Can you steal my car and say, “It actually belongs to Abhishek, I am using it as its good” or put a sticker on it showing my name ?
The most used tool kind of thing for Legal Right of Original Content Publisher on Blog and Forums is filing DMCA. Search Engines like Google have to protect the Legal Right of Original Content Publisher on filing against any other website. However, DMCA has weak points, that is why Legal Right of Original Content Publisher can not be maintained rightly through DMCA.
Legal Right of Original Content Publisher and SOPA
Most of us do not know anything about Law. For few situations, Police as a system is empowered to isolate a dangerous person – like if person is seen to kill another person, they can take the person forcefully to an custody. Judge will decide what is right or wrong and for most democratic republican countries, Court has the highest power to decide neutrally based on the informations available.
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DMCA has a big problem, if counter DMCA is done by the other party, intervening third party can say – “Go to Court and solve it, we can not decide.”
In this situation you might think why there were so many protest against SOPA specifically from the Open Source Projects including WikiPedia, WordPress and MNC like Google who uses some Open Source Codes. The reason is simple – without spending a huge time, energy and money by going through the procedures for getting the justice from Court of Law, Legal Right of Original Content Publisher could have been established easily covering the weak points of DMCA using SOPA.
Wikipedia basically takes content from other sources in part or full and re-publish it. Open Sources uses codes written by the developers. All can be used without taking any consent from the owner. Google caches pages without any consent, it is technically helpful but if SOPA was active in full fledge, they had to make it an exception through the Court of Law. Its the Court who would decide whether it can be allowed or not.
Steps taken by a party through a third party using SOPA (if it was in practice) itself can not be the ultimate fate as there is again the Court of Law, it is some what like empowering the Police to take action against the common dangerous crimes.
Legal Right of Original Content Publisher on Blog and Forums in current situation
Right now Legal Right of Original Content Publisher on Blog and Forums is DMCA, if it fails, one have to go to a Lawyer for consultation for the next steps.
About Abhishek Ghosh
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