Intercontinental Cry accused of copyright infringement

Intercontinental Cry accused of copyright infringement

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John Ahni Schertow
February 13, 2007
 

A few days ago I posted an article here called Cambodia – Indigenous People Losing Land, Culture. If you look at that page now, you’ll notice that it was taken down.

Yesterday I received the following email:

I am the publisher of The Cambodia Daily. I would like to write
you about a violation of our copyright on your site. Could you
please provide me your e-mail address.
Bernard Krisher

I replied

Are you referring to

https://intercontinentalcry.org/cambodia-ind….

Bernard – If you truely feel I have done something wrong here and wish me to take that article down, I’d be more than happy to do so. But let me say that up until your email, I didn’t even know about http://www.cambodiadaily.com. I was actually thinking that http://ki-media.blogspot.com/ (where I got that article from) was the Cambodia Daily — and I hadn’t seen a copyright statement there.

If I had, or if I knew of http://www.cambodiadaily.com and so would have seen the copyright statement on the front page, I most certainly would have asked permission before reposting it on my website.

I’m really not interested in breaking any laws, or disserving http://www.cambodiadaily.com, or for that matter the People of Cambodia — I only wanted to tell people about that situation.

Perhaps you would now be willing to grant me permission — to keep the article up?.

Respectfully,

Ahni

His response was

Dear Ahni,
I can’t give you premission after the fact when the article was lifted from a consistent and continuing copyright violator whom we intend to sue. Please remove the article and any others from your site and send us a $10.00 penalty payment to:

The CAMBODIA DAILY
Attention Bernard Krisher
4-1-7-605 Hiroo
Shibuya-ku, Tokyo (150-0012)

Best regards,
Bernard Krisher

to which I responded

Bernard,

I have taken off the article as you’ve requested – and there are no others from the Cambodia Daily on Intercontinental Cry.

Regarding the money – As an innocent third party, I should be held harmless in this situation. Any fees should only come from the original violators of your copyright, ki-media.blogspot.com

With that said, the intercontinental Cry will not carry any further articles form the Cambodia Daily.

Respectfully,

Ahni

Just a short while ago I received this last email

Dear Ahni,
The $10 is a harmless, symbolic fee. We are very persistent about the unauthorized use of our material and will pursue it. Stolen goods found in a pawn shop are confiscated by the police and courts. The “innocent” owner forfeits it. This is a similar situation. We insist on the $10.

Best regards,
Bernie

At this point I intend to hold true what I’ve stated. It’s not my fault ki-media.blogspot.com violated their copyright, and I can’t be held responsible for their actions. Nor should I be accused of committing a crime (symbolic or otherwise) because of the actions of another which resulted in my being misled, and posting one article under a false pretense

Further, I cited the source to the best of my awareness and ability, with the sole intent of telling people about the situation – and when informed of some concerns, I acted responsibly.

To use his own example — the goods purchased by the innocent bystander were returned. And now, having done nothing wrong — he should be able to walk away, free from threats and requests for money by the ‘original owner’. (which I think is extortion)

Your thoughts?

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