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[personal profile] peacetraveler22
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From the very beginning of this blog, I've advocated for free expression, divergent viewpoints, and admittedly allowed too many abusive comments to infiltrate some posts. The reason is simple - I'm a huge advocate of free speech, even if the viewpoint being expressed is completely idiotic from my perspective, untruthful, or especially unfavorable to me personally. Unfortunately, this week I have no time to write travel stories because I've been consumed with trying to get my copyrighted photos removed from two posts, which have drawn a lot of attention here on LJ.

For those who are unaware, after the Russian translation of my story about the villagers appeared in the popular community [livejournal.com profile] odin_moy_den last week, someone came up with the brilliant idea to create a scandalous post about me, using a copyrighted photo of myself and one of the kind villagers I met as the backdrop to speak negatively about my appearance (calling me a "piglet") and write a long list of anti-Western sentiments. Btw, the person who wrote the post is an immigrant, now living in Houston, Texas. This, in and of itself, does not concern me. However, it soon became very clear that the true intention of the author was to promote her YouTube videos, piano software and music lessons in the comments to the post. Sadly, the author's creative scam worked, and the post hung in TOP LJ for an entire day, collecting almost 2,000 comments, hundreds of which were generated by the author herself, constantly throwing links to promote her business and get free advertisement at my expense. This behavior is sad and pathetic in itself; however, the reaction from the LJ community was even more disconcerting. So many people quickly climbed to the comments, anxious to spit bile and hate towards me and America, not even realizing that they, themselves, were being played by the author, manipulating and encouraging them on, so she could continue to get free promotion for her business in the comments. Yes, I'm very emotional, angry and frustrated over this situation...

When I confronted the blogger in her post, she didn't  try to hide the fact that she was promoting her "scientific research." Btw, she claims to not only be a learned musicologist, but also a legal expert, attempting to school me in U.S. copyright laws on numerous occasions. You can some of the comments below:

Capture1
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Why am I writing this post?  It's not for the sake of a further scandal, although it may be perceived as such by some. The post is simply a warning to all copyright trolls to NOT use my images for the sake of free advertisment, or drawing attention to your blog for promoting commercial endeavors, without my consent. The drama further unraveled last evening, when someone republished the author's post in the [livejournal.com profile] pora_valit community. Again, this woman ran into the comments to throw links to her YouTube videos and websites, but as you can imagine, the crowd in this community was not so receptive and immediately called her bluff. After I contacted the user who republished the story in the community, he immediately understood the deceptive intent of the original author and removed my copyrighted photos from the post. Most importantly, he also deleted all comments from the original author which were overt attempts to get free advertisement yet again. I wish to thank the moderators of the [livejournal.com profile] pora_valit community, and [livejournal.com profile] alexxw5 for removing the infringing content, but allowing this woman's post and opinions about me and the USA to remain published there. This is very, very crucial to me that the words and opinons of the author not be removed, only my copyrighted photographs. If you want to know her views about me and the USA, you can read them here.

ой, не скажите!

mudraya1

2015-06-03 01:41 am (local) Track This

Польза автору огромная.
Такая раскрутка ее музыкальной программе, ее каналу на ютубе. Не зря ж она толкает во все дыры (ха-ха, двусмысленность какая!) ссылку на себя в ютубе.
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Вам бы лучше не совать свою рекламу в этом сообществе. Результат будет противоположный желаемому.
Вы будете сильно шокированы, но здесь попадаются люди, которые живут в Америке десятилетиями и будут реагировать на ваш бред как на бред. Промахнулись бы с сообществом.
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Дурашка! Шенон, согласно российскому законодательству, имеет права фотографировать все, включая людей, не спрашивая разрешения, если фотографирование производится в публичном месте. И даже на 100% уверен, что она спрашивала разрешение на съемку, потому что Шенон живет в стране, где уважают чужое прайвиси. В отличии от вас. Вы нарушаете (и очень серьезно) закон (в том числе и российский), используя фотографии без разрешения правообладателя.

Не говоря о том, что сильно смеялся, читая ваш фейерический бред.

Мой вам добрый совет - удалите фотографии. Нарушение авторских прав - это очень серьезное правонарушение. В противном случае может случиться так, что вместо распространения ваших музыкальных методик вы будете работать на адвокатов и выплаты штрафов.
(Deleted comment)
Банальная классика жанра
Бабу можно вывести из села
А вот село из бабы...
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(Deleted comment)
Как вы жалки со своими выдумками и со своими потугами на рекламу.
Скоро от вас уже весь интернет блевать будет.
Perhaps some people believe this woman's objectives were pure, that she was only trying to express her opinions about me and the USA with no ulterior motives, however for me such a conclusion is almost unfathomable when the situation is viewed in its entirety. When it became clear the blogger would not remove my copyrighted photos from her original post, I filed a formal abuse complaint with LJ.  Please note that I asked ONLY for the removal of my copyrighted photographs, not that the author's entire post be taken down. I don't care what this woman thinks of me or the USA. She is entitled to her opinion on both of these subjects. LJ suspended her post as of this morning, in response to my complaint.

I'm sorry for the long soap opera, and for throwing such scandal here in my otherwise cozy blog, but such abuse of my copyrighted images will not be tolerated, and I will dedicate a lot of time and legal resources to battle those who engage in similar behavior in the future. I'm a full time lawyer, deriving no income from this blog. It is merely a labor of love and outlet for creative and artistic expression. I dedicate a huge amount of time to each travel post I write here (on average 5 - 6 hours), and it's not fair under basic human principles, or U.S. law, when unknown bloggers cling to the reputation and audience I've worked very hard for over the years to generate traffic to their own sites for free advertisement and promotion of their products/services.

There is no "fair use" defense in this instance, when the intention for using my photos is so blatantly tied to commercial promotion. If you want to see an example of "fair use", you can look at this post, where my photos are also used, without permission, in connection with yet another conspiracy theory about my identity and motives for writing on RuNet. I would never object to a post like this, they are written over and over again by various LJ users, and I don't mention them here in my blog, or draw attention to them because people are free to think of me as they wish. However, if you decide to call the USA home, as the woman who wrote the scandalous post now does, you must also be aware that you live in a society and culture where laws are respected by the vast majority of the population. More importantly, you're dealing with a blogger, ME, who will not be taken advantage of and will fight to the death when there is a sense of injustice, and I have the means and ability to try to effect change and stop it.

How would you have reacted in this situation? Some people think all artistic content, photos and literary works should be available for public use at no cost, no matter the circumstance. Even when someone so clearly uses the work and reputation of another for their own self-promotion and commercial gain? I'm curious to hear your opinions on this topic.

P.S.: Thanks for paying attention to my long, emotional post today, and a big virtual hug to those who climbed into the comments of both posts to support me. I saw your words of support and encouragement, but did not wish to communicate further in the original post about me, nor will I communicate with the author of that post in this story, or any others, in my blog.



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Date: 2015-06-03 05:04 pm (UTC)
From: [identity profile] stan podolski (from livejournal.com)
and that is what I LOVE about this country!

Date: 2015-06-03 06:13 pm (UTC)

Date: 2015-06-03 05:05 pm (UTC)
From: [identity profile] onkel-hans.livejournal.com
My response was immediate and laconic: Read Matthew 7:6, and follow the advice of Jesus ben Joseph.

Date: 2015-06-03 06:14 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Her opinions of me don't matter, but she led a flock of blind sheep right into her trap. Isn't there some Bible verse about that also? :)

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Date: 2015-06-03 05:25 pm (UTC)
From: [identity profile] alexvolodimer.livejournal.com
After this post you should to merry she get she in the court. Otherwise you will just continue to advertise her music or whatsoever.
Edited Date: 2015-06-03 05:27 pm (UTC)

Date: 2015-06-03 06:16 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
I try to avoid court. I don't want to deal with the frustration, and it's very expensive. At this point, I'm satisfied with the outcome. This woman already got tons of free publicity for her programs, as she wished. The damage is done. :( But it will not live on in eternity, because her post is currently suspended, and will hopefully remain that way.

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Date: 2015-06-03 05:29 pm (UTC)
From: [identity profile] buddy-z.livejournal.com
I was wondering when it will come to that. If there are levels of the Internet, ru.net is akin to hell :)
For me, the key is to stay within my circle of friends, carefully chosen over the years.
Cheer up, it's not worth it.

Date: 2015-06-03 06:17 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Yes, the Internet is still the "Wild West" to a certain extent and with increased popularity, comes increased trolls and problems. This is the downside. :(

Date: 2015-06-03 05:30 pm (UTC)
From: [identity profile] procurator0.livejournal.com
yeahhh...thats what you get for letting all kinds of trash to immigrate into the us of a

Date: 2015-06-03 06:17 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Come on, I love immigrants. :) I've said it many times in my blog.

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Date: 2015-06-03 05:45 pm (UTC)
From: [identity profile] kovaliv.livejournal.com
now living in Houston !??

OMG Ebolavirus in the US!

Congratulations :))

Date: 2015-06-03 06:20 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Hi Ramzan. :) Yes, I constantly fear for my life, and am a slave to my job and money, never taking any vacations! My life here is so horrible. :)) It's amazing how all these travel posts and photos mysteriously appear in my blog. A ghost must write them! :)

Date: 2015-06-03 05:48 pm (UTC)
From: [identity profile] cossache.livejournal.com
You put your label at photos. It can't be used for commercial purpose. But not everyone understands it.
Reaction of LJ community is expected. If post gets lot of views its like a magnet for paid trolls.
Edited Date: 2015-06-03 05:56 pm (UTC)

Date: 2015-06-03 06:20 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Yes, it's very sad that the moderators of TOP LJ let this scam continue for so long. :(

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Date: 2015-06-03 05:48 pm (UTC)
From: [identity profile] pin-gwin.livejournal.com
By including the name and link of her blog you still helping her visibility... ahgrrr!!

Date: 2015-06-03 06:22 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
I wanted to show my discussions with her, this is the only way to do it. I will not black out her identity. People can go to her blog if they wish, perhaps someone is interested in her master music theories.

Date: 2015-06-03 05:57 pm (UTC)
From: [identity profile] a-nimaida.livejournal.com
Hello Shannon!
no one has the right to use someone else's photos

apply to court
it must pay the penalty

Date: 2015-06-03 06:24 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Hi! I will not take further legal action in this case, unless she engages in unlawful behavior again. She lives in the USA, and is subject to jurisdiction of U.S. law, and the livejournal.com site itself is registered here. My motive is never money, but to stop the abusive conduct.

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Date: 2015-06-03 06:06 pm (UTC)
From: [identity profile] justadreamer.livejournal.com
Название поста хорошее. Спасибо за ваш замечательный юмор, Shannon!

Date: 2015-06-03 06:26 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Hi! Yes, the situation is somewhat humorous but unfortunately it cost me many hours of time, aggravation and frustration to deal with this issue. :(

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Date: 2015-06-03 06:16 pm (UTC)
From: [identity profile] buddhistmind.livejournal.com
"scientific research", my ass ))))

Date: 2015-06-03 06:28 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Maybe she has a brilliant and innovate idea, I have no clue. I didn't pay one ounce of attention to all the links and YouTube videos she posted, and hopefully neither did all the people that ran to her original post.

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Date: 2015-06-03 06:18 pm (UTC)
From: [identity profile] etno-exp.livejournal.com
I'ts clear to me that woman used your popularity in her own commercial reasons. I'm not sure how she could get out to the top with her stupid post from the thousands of alike trash ones. Probably it's luck, probably it's dirty work of the bots.

And unfortunately, every mention of her works for her. This post as well. And the best way to stop it is to forget her completely. Just let us know when she is a bankrupt after the court :)

Date: 2015-06-03 06:31 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
There's a very simple formula for getting into the TOP. You must simply create a very scandalous headline, throw in a bunch of anti-Western or pro-Ukrainian text, and people will flood there to share their profound opinions. Mostly Krembots drive up the traffic and popularity of these posts, or you can pay to put your post in the promo for a short period of time and this sometimes works. I'm sure almost all of my readers saw her original post when it was published, so in my view, the damage was done that day.

Date: 2015-06-03 06:33 pm (UTC)
From: [identity profile] ms-sh.livejournal.com
it's disgusting! are you going to sue her? If I were you I would! If she wants to live in the US she should respect a law.
I'll never understand such people who live abroad and hate the place where they live

Date: 2015-06-03 06:43 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
No, I will not sue her. It's not worth the time, effort or financial investment. Absolutely nothing beneficial will come from it. In her mind, what she did is completely acceptable. We can't force intelligence into the mind of another, and no judge can order it. :)

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Date: 2015-06-03 06:35 pm (UTC)
From: [identity profile] juan-gandhi.livejournal.com
My first impulse was to post a link to this post. Well, it seems like it only serves the purpose of popularizing that woman, so I'd rather not.

I wonder if it were more reasonable to involve some kind of lawyer to scare her pants off, instead of trying to talk like a human to a human...

My condolences, of course.

Date: 2015-06-03 06:46 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
If she continues with these crazy posts to generate traffic to her site for free advertisement of her business, I will be more aggressive with legal action. But, at this point, nothing further will happen. Sadly I've grown used to all the negative sides of writing in the Russian blogosphere. But this instance was esp. brutal and infuriating. :( So, your condolences are accepted.

Date: 2015-06-03 06:40 pm (UTC)
From: [identity profile] theodorexxx.livejournal.com
Find her IRL and fuck her with a strap-on. It always works.

P.S: no lube

Date: 2015-06-03 06:41 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Omg, no! She is not my type. :)

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Date: 2015-06-03 06:46 pm (UTC)
From: [identity profile] zhang-fei.livejournal.com
So, if she lives in Houston, why don't you sue the living shit out of her, lass? Just for fun.

Also, I am not sure if she is an actual copyright troll, because she does not own the rights and therefore she can not enforce them. She just seems like a twat who wants to make some money.

Date: 2015-06-03 07:23 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
She wanted to ride on my coattails and popularity to get free advertisement for herself, and then try to justify such behavior on the grounds of "free expression." Intelligent people immediately saw through this scam. It was very obvious.

Date: 2015-06-03 06:57 pm (UTC)
From: [identity profile] lenkaolenka.livejournal.com
Hello, Shannon
This reply just to let you know that 'blocking someone's post' doesn't necessary mean wrong doing of the publisher. It means only that your request was heard and being processed.
You cry victory too soon.
As US citizen you know that you can accuse anyone before the final decision will take place. You broke the law 2 times already. Are you really a lawyer?
I afraid you will have to defense yourself in court for doing this.

Date: 2015-06-03 06:58 pm (UTC)
From: [identity profile] lenkaolenka.livejournal.com
PS
Are you a member of the Piece Corps?

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Date: 2015-06-03 06:59 pm (UTC)
From: [identity profile] elena-88888.livejournal.com
That's a huge pity...

I think if she try to repeat it with anybody (I'm doubtful that she will use any your post next time) that person will need to bring the case... Or - at least to the LJ management...

Date: 2015-06-03 07:21 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
My contacts at LJ were very helpful in this instance. I must give them credit for promptly addressing the situation when it became apparent this was simply an advertising scam. I keep asking myself why I write here on RuNet!?! :))

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Date: 2015-06-03 07:15 pm (UTC)
From: [identity profile] ta-ra-ra.livejournal.com
Well done!

Date: 2015-06-03 07:20 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Thanks, it's necessary to expose this scam and express my viewpoint about the situation, given that so many people saw the original post in TOP LJ.

Date: 2015-06-03 07:31 pm (UTC)
From: [identity profile] koluchkka.livejournal.com
as an almost-musicologist Im very pity that people like her call themselves "musicologist". She is just not very good educated.

Date: 2015-06-03 07:41 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Which music do you like best? Rock, country, bluegrass? I like all of it! :)

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Date: 2015-06-03 08:03 pm (UTC)
From: [identity profile] eugenius-uk.livejournal.com

I admire you for you patience and open-mindedness. Sorry to hear you have had such a hard time on Russian blogosphere, but not really surprised. My country, Ukraine, is assaulted on various internet forums by thousands really vicious trolls from Russia, who spew lots of bilious hatred on a daily basis. I know how you feel.

Date: 2015-06-03 08:21 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
I don't like being taken advantage of. On my blog, in relationships or any other aspect of my life. Sometimes you have to expend a lot of time, mental energy and effort to stand on principle and fight for your beliefs and rights. But it's absolutely necessary, at least from my viewpoint. :)

Date: 2015-06-03 08:06 pm (UTC)
From: [identity profile] genka8.livejournal.com
Wow, that "scientist" dispenses her expert opinion about American life, yet her English is very basic. And she lectures a copyright attorney on the subject!
Shannon, I hope you have a thick skin. Such encounters are inevitable, given your popularity.

Date: 2015-06-03 08:23 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
I'm a trademark attorney, not copyright. :) However, both involve intellectual property rights, so I'm aware of copyright laws and principles. And, I have a huge team of attorneys ready to take up my cause, if I ask them. In this way, I'm lucky because it's expensive to hire a good lawyer.

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Date: 2015-06-03 08:08 pm (UTC)
From: [identity profile] nkhaba.livejournal.com
Hi Shannon, I've been reading your blog for some time and always enjoy your interesting posts, about Russia as well as other places. So please continue :-)

As for this issue, I fully support your position. Just curious - what does the law say about publishing pictures of somebody else? Does the author of the pictures really need to get a written permission from every person appearing in the picture? I am talking about the law in the US.

Date: 2015-06-03 08:17 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
Hi, thanks for the support! :) The short answer is, yes, you can photograph anyone in a public place under U.S. law. There is no expectation of privacy in such cases. Of course, there are some exceptions (like on the toilet or in a dressing room, etc.). You can use such images, provided it isn't in a COMMERCIAL manner, in other words to promote a product or service. This is the reason I filed the abuse complaint in this situation. The woman was using my copyrighted photos to promote her site, software and music classes in comments to the post. This is a commercial use. Please do not believe anything this woman says about U.S. laws. Almost everything she wrote in her post is 100% wrong. For more info, look here http://www.photocoachpro.com/home/-photograph-strangers-without-permission. It's a good article. :)

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From: [identity profile] nkhaba.livejournal.com - Date: 2015-06-03 09:26 pm (UTC) - Expand

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From: [identity profile] peacetraveler22.livejournal.com - Date: 2015-06-03 09:42 pm (UTC) - Expand

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From: [identity profile] nkhaba.livejournal.com - Date: 2015-06-03 09:50 pm (UTC) - Expand

Date: 2015-06-03 08:13 pm (UTC)
From: [identity profile] ambival.livejournal.com
ФЕЕРИЧНО!

Date: 2015-06-03 08:22 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
You agree with me this time? :)

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From: [identity profile] ambival.livejournal.com - Date: 2015-06-03 08:59 pm (UTC) - Expand

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From: [identity profile] peacetraveler22.livejournal.com - Date: 2015-06-03 09:00 pm (UTC) - Expand

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From: [identity profile] ambival.livejournal.com - Date: 2015-06-03 09:02 pm (UTC) - Expand

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From: [identity profile] peacetraveler22.livejournal.com - Date: 2015-06-03 09:06 pm (UTC) - Expand

Date: 2015-06-03 08:40 pm (UTC)
From: [identity profile] yarowind.livejournal.com
She is a fat troll!:))

Date: 2015-06-03 08:43 pm (UTC)
From: [identity profile] peacetraveler22.livejournal.com
I hope the moderators of TOP LJ don't feed her if she tries to pull a stunt like this again. :)
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