What happened to ? - Grading Barber Quarters

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Thanks for looking out for us!

 

, but I understand. Maybe paraphrase it?

 

Well, I'm sorry to see the thread deleted because it was very interesting...but I understand the legal problem behind it. Thanks for looking out for the site GD. :kewl:

 

http://www.barbercoins.org/Grading-BQ.html

 

I was worried about that when I read the thread but decided to keep my big mouth shut for a change.

 

Not at all.

The information itself is not in any way copyrightable and one can report in detail ALL the information in the PCGS guide, although not word for word

This is CRAZY. Under what bunker mentality can one believe that its not allowed to report the grading standards of PSGC, an important and critical piece of information to the coin collecting public.

You can't copy the text in whole. You can certainly paraphrase it and quite it extensively.

Next we'll be locking up High School teachers for their term papers.


Ruben

 

This is what I read.

Ruben

 

Paraphrasing is an essential art in research and taught in elementry school and a vital grading criteria for the SAT's and a necessary element for a Ph'D thesis and all research.

There is NOTHING grey about it. Your link is wrong.

http://www.law.cornell.edu/uscode/17/usc_sup_01_17_10_1.html

Read the law.

and specifically

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

http://www.law.cornell.edu/uscode/17/usc_sec_17_00000107----000-.html


Furthermore, strangely enough you are specifically protected under the DMCA and at worst they have to give you a take down notice prior to any action which you then have the right to answer.

Ruben

 

In addition to that, specifically Court rulings give you an even wider area of protection that the statutory law because your protected under the 1st amendment and the court blanketly said that knowledge and information is NOT copyrightable and does not merit the test of original works and therefor if someone wants to report that PCGS includes as a grading standard, that is INFORMATION and KNOWLEDGE not covered by copyright at all and completely legal to report by paraphrasing and even with specific and extensive use of fair use quotes.

Ruben

 

Good thing I'm not charging you for it. Because I'm certainly qualified as an activist in this area for 12 years to tel you what both you and the publics legal rights are. Do you want me to put you in touch with our lawyer? I would personally have NYFAIRUSE cover any legal fees involve in defending your rights under the copyright act. We've done it before and we will do it again. And, BTW, we have never lost a case.

Ruben

 

Copyright law is too vast to explain and post here. When I was dealing with publishing comics I had to use a copyright lawer because the concept is too broad, and it's better to be safe than sorry. Which is why I agree with Peter's concerns. Not to mention, it's his right to remove any content he feels needs removing as it's his site. Not saying your point isn't valid in some regards, Ruben. Technically, anything anyone writes anywhere is protected under copyright law...even this statement.
Guy~

 

The tremendous problem we face is that through digitalization and copyright that we are becoming sharecroppers to our own cultural heritage -- we need the ability to freely participate in our own society.

 

That is called the "Chilling Affect" and the courts have specifically dealt with this issue. Copyright enforcement which is determined to have a chilling affect on speech is not enforceable under the law. Peter and the site moderators have no preemptive responsibility to monitor speech within this or any other forum expect for gross violations of copyright abuses, but are legally responsible to respond to written complaints from copyright holders which can be fairly and legally defended without penalty until a decision is made.

This is not only the law and court decisions, but in addition, it is specifically addressed in the "take down notice" section of the 1998 Digital Millennium Copyright Act, a terrible law which did however, explicitly give this concession to ISPs and Internet providers.

Ruben

 

Oh maybe.

This is a hot button issue. A lot of people who I work with who are liberal, even blatant communists, are often shocked to find how much of a conservative I am. They think of this as a left right issue. I view it as a freedom, education and democracy issue which is not owned by the Left or the Right. I think of it as a Soccer Mom issue, something vital to raising my children.

Being in favor of Gun Control, however, I don't know if I'd make a good libertarian.


BTW - I didn't read the original thread. I generally don't read Lehighs posts. If it was verbatim copy of the PSGC manual then I agree that legally it needed to be pulled. It shouldn't take much, however, for a poster to extract that information and make a valid post which includes the same information. It is essential for that to be possible, otherwise we have huge problems as a people and society. And any discussion of PSGC is valueless because nobody could prove anything about their standard.

As an aside, it might be of value to reach out to the grading services and ask them to publish their standards here. Its for their benefit as well as yours and ours.

Ruben