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  #1 (permalink)  
Old 11-04-2007
Asher Asher is offline
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Angry City Orders Critic to Stop Linking

Officials in my city, Sheboygan Wisconsin, has ordered my friend and a critic of Mayor Juan Perez to remove a link from her website.

USA Today says Jeni Reisinger, a vocal critic of city leaders, received a cease-and-desist letter last month that directed her to stop linking to the police department's website.

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(Due To Copyright Law)
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Old 11-04-2007
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Re: City Orders Critic to Stop Linking

I hope she's sent them a "get over it" letter.

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Old 11-04-2007
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Re: City Orders Critic to Stop Linking

Being that it is a public site and that the tax-payers provide the funding; I'd say that the cease-and-desist can't be enforced........But I'm no lawyer.
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Old 11-04-2007
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Re: City Orders Critic to Stop Linking

Depends on how she was linking and what she was linking to.
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Old 11-05-2007
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Re: City Orders Critic to Stop Linking

Quote:
Originally Posted by Asher View Post
Officials in my city, Sheboygan Wisconsin, has ordered my friend and a critic of Mayor Juan Perez to remove a link from her website.

USA Today says Jeni Reisinger, a vocal critic of city leaders, received a cease-and-desist letter last month that directed her to stop linking to the police department's website.

Read More
(Due To Copyright Law)
I'd send them a picture in the mail of my middle finger and a copy of the Constitution.
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  #6 (permalink)  
Old 11-05-2007
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Re: City Orders Critic to Stop Linking

But the Constitution does not guarantee the right to link, especially when we don't know what she was linking to or how.
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Old 12-24-2007
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Re: City Orders Critic to Stop Linking

hummm..I think linking is allowed BUT content publication without permission, is the no go territory.
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Old 12-27-2007
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Re: City Orders Critic to Stop Linking

Quote:
Originally Posted by pramjockey View Post
But the Constitution does not guarantee the right to link, especially when we don't know what she was linking to or how.
It doesnt need to, as it doesnt apply. The Constitution grants and limits powers to the federal government ONLY. It does NOT define what the people are free to do.

Regardless of this, it is a public site to which the person is linking. The city is S.O.L.
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Old 12-28-2007
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Re: City Orders Critic to Stop Linking

The website is the property of the State, and as such, it has the right to control access.

Just like if you had a site.
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  #10 (permalink)  
Old 12-28-2007
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Re: City Orders Critic to Stop Linking

Quote:
Originally Posted by pramjockey View Post
The website is the property of the State, and as such, it has the right to control access.

Just like if you had a site.
Nope sorry but it doesnt. The website is the property of the PEOPLE of the state, not the state itself. To look at your example of a personal website, while I may be able to restrict re-posting of copyrighted content or to certain portions of the site, in no way could I restrict someone from saying "Here's the URL".

It would be rather like saying that one could not give someone directions to the state capitol building unless that person had been approved by the state to give directions. That is essentially what happens when someone posts a link. They're just saying "You can find that information here'

(btw - states have no rights)
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Old 12-28-2007
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Re: City Orders Critic to Stop Linking

Well, shit. I've been wanting an Abrams for a while. Since it belongs to the People, and I'm a people, I'm going to go to my local army base and pick mine up.
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Old 12-28-2007
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Re: City Orders Critic to Stop Linking

It seems to me that so long as what she is linking to is part of the city's public website (i.e. not in a protected area that the general public cannot access), the city has absolutely no leg to stand on sending her a cease and desist demand.

Even if one accepts that the city is able to copyright their work (which in most cases they cannot), there is the fair use doctrine to contend with, and fair use for purposes of critique is pretty solid.

http://www.utsystem.edu/OGC/intellec...ypol2.htm#test

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  #13 (permalink)  
Old 12-28-2007
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Re: City Orders Critic to Stop Linking

Quote:
Originally Posted by pramjockey View Post
The website is the property of the State, and as such, it has the right to control access.

Just like if you had a site.
But the city, unlike a private author, cannot in most circumstances copyright their work which they make available to the public.

Matt
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  #14 (permalink)  
Old 12-28-2007
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Re: City Orders Critic to Stop Linking

Quote:
Originally Posted by pramjockey View Post
Well, shit. I've been wanting an Abrams for a while. Since it belongs to the People, and I'm a people, I'm going to go to my local army base and pick mine up.
Thats quite a bit different, but you're more than welcome to go view one anytime you like. You can also purchase one for your personal use if you have the money (and dont mind getting it minus all the classified shit).

VERY different situation you've presented here my friend. You know it too, but if you want to pretend you're right, go right ahead.
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  #15 (permalink)  
Old 12-28-2007
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Re: City Orders Critic to Stop Linking

How is it different? By scale? Irrelevant.
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