From: Andrew Burt < aburt@tech-soft.com > Date: Aug 23, 2007 11:42 AM Subject: Re: Copyrighted materials To: Trip Adler > Hi, Trip, I'm glad to hear you're working on one piece of a solution. I'm not sure what algorithm you're thinking of using, but I'll be interested to hear more about it. (I developed an algorithm to identify copies via statistically unlikely phrases. Happy to go into details if it's of use.) More imporantly, we need to see those current infringing files removed post haste. I sent you lists for Asimov, Heinlein, and noted that the other author names are likewise -- you need to remove those, as that wasn't idle musing, but a DMCA notice. I would add Vonda McIntyre and Jerry Pournelle to the list. Both of them are hopping mad about their work being up there. I think there are opportunities for SFWA members to make use of scribd, but not until they're comfortable with it. Right now they view it as a pirate site, both by hosting pirate files, by having a business model that encourages piracy, and by not taking strong measures to prevent piracy. Given the relative ease of bypassing tests based on identifying copies, I reiterate that we would like to see each upload coupled with clicking a box that identifies what legal rationale the uploader has, as well as collecting information usable to pursue those who lie. A form we recommend is:
       Regarding the text/song/video/program/etc. file I am about to upload,
       and ALL sub-components which it may contain, UNDER PENALTY OF PERJURY,
       I AFFIRM THAT (check at least one)

       [ ] I am the original creator of the work (it's all mine, nobody else's)
       [ ] I can prove I have specific permission from the creator to
post their work
       [ ] I am 100% positive it is in the public domain (e.g. it was
created before 1923)
       [ ] It is covered by a Creative Commons or similar license,
which is included in the file or linked here: [______________]
       [ ] I am 100% positive my use of excerpts falls under fair use
guidelines as described in US Code Title 17;

       and I accept legal liability if I'm wrong, and understand
scribd.com  will
       provide information about my identity to proper authorities.

       [ ] I Agree

       

Failing to check "I agree" or at least one of the "type of authorzation"
boxes would result in a denial of their upload.

This (a) deters pirates from uploading because they would have to answer
falsely, and (b) puts liars on notice that scribd will cooperate with
copyright efforts and provide information about them.  It's simple,
not burdensome for users (indeed, is educational to users), and greatly
diminishes scribd.com 's liability.

This kind of form would be trivial to implement (I could do it in
just a few minutes time), and storage requirements are trivial (one byte
per file is all that would be needed to store which selections they check
as a bitmap).

Please let me know when you've removed those files, as well as, hopefully,
your agreement to implement that form.

Andrew