★ I guess this thing with Jason Wilder (ishotyourband.com) is still going (Part 3?)

I’m just going to start making these into parts because it’s apparent that the back and forth I’m going through with Jason Wilder is going to continue until one day it just stops. I posted this on Friday where I came clean about using Jason’s initial photo and admitting that I was wrong to hotline it and really that the only reason I was legally allowed to use it was via Twitgoo’s TOS loophole that granted me use of it. Jason did ask multiple times that I admit I was wrong and I did. I also clarified the details on claims that I was not a copyright infringer for taking screengrabs of Jason’s tweets and posting those on my site. It was confirmed that I was not in any violation there either. Finally, I made it clear that I have and always will respect Jason’s art and work and would never use, link to or mention him or his work again if he would do two things for me. A) Stop harassing me via Twitter and other social media. B) Cease to carry through with the threats of selling my work for profit.

Well, the weekend passed and I had a great time with my girlfriend around the house, trying a new restaurant and planning our trip to DC next weekend. It was on Sunday that the harassment and threats started up again. You can view those threats in this screenshot. There are a few problems I have with the dialogue that Jason shares with his followers. Jason’s photos are not on my website. There is a logo / service mark / trademark that I included only because it was attached to tweets that Jason sent me. The Hybrid-Camera-Gun logo that he users to represent iShotYourBand may be copyright but, for this use, I’m only using the content in relation to documenting a factual story and I argue that it is allowed under fair use. Besides, this harassment is not about Jason’s logo. It’s about my archiving of the down right mean things that he’s been saying to me online. Jason doesn’t want that content online and I wouldn’t either if I were him. It looks bad if anyone were to find it and may affect his business. I doubt it would even if people did find it but Jason is taking this seriously because his name is attached to these things. So, even if I were to black out the logo and abide by his copyright notice, I’d still be using his Tweets and, according to him, those are copyright as well even though they’re not according to Twitter and independent legal counsel.

So, if I were to take down the screenshots and post his tweets up just the text in plain form, I would still be getting harassment from Mr. Wilder about the use of his material. So, I’m just not going to abide to any of his threats and continue paying lawyers to advise me on next steps. Side-note: This is getting expensive.

I received this today: My Fourth DMCA Takedown notice from Jason Wilder.

Hello,

 

This is a new DMCA, not related to previous content which have already been addressed by counter notices, the new complaint follows :

Hello, I would like to inform you that a user of yours has posted new copyrighted content that is owned by me. The following content contains screenshots of my Copyrighted Logo, which is a image, that is copyrighted by me, and Adam Jackson has no authority to use in no way whatsoever, and its a screen shot of my written text, which is also copyrighted by me as a written work, which Adam has no authority to use. Also this user is now a multiple infringer and grounds for account termination. Not only that, this page is full of libel and my personal information, which I am sure is against your TOS.

here is my dmca notice. The following pages infringe on her copyrights and she wishes for them to be removed ASAP: on this page: http://adam-jackson.net/blog/2011/09/23/an-update-on-my-disagreement-with-jason-wilder-of-ishotyourband-com/ these images. http://adam-jackson.net/blog/wp-content/uploads/2011/09/1111.png http://adam-jackson.net/blog/wp-content/uploads/2011/09/211.png http://adam-jackson.net/blog/wp-content/uploads/2011/09/311.png http://adam-jackson.net/blog/wp-content/uploads/2011/09/411.png

Link to where it was stolen from: http://www.ishotyourband.com http://www.twitter.com/ishotyourband

They do not have any permission to use any of my photos. Please remove it from the server.

I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by my registered copyright and by the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is infringed.

Jason Wilder

*address redacted*

Now, I’ve removed Jason’s middle name, address and email address. I haven’t put any of his personal info on my blog that wasn’t already accessible via Jason’s Twitter account. In fact, his phone number and email are on his website and I never put those on mine out of respect for his privacy. However, DMCA notices, tweets and harassment via public forums is going to or is already public record anyway. Posting that doesn’t do anything for either of us. Maybe in response, Jason will post my personal address on the Internet (he has it) but I’d never do that to him because it’s just not nice. Hostgator will decide if I’m grounds for account termination. I pay them every month for a service that I’ve never abused. On the other hand, Mr. Wilder has sent 4 DMCA notices to them, 3 that are duplicates and wasted quite a bit of their time. I feel like the victim here all of the way. I’m no longer using any of Jason’s photographic work unless he is counting the thumbnails associated with his Twitter account.

———-

I’ve responded with a DMCA Counter-Notice again and Jason has 14 days to get a lawyer and file in federal court. I hope that he doesn’t but he’s within his legal right to do that. In the meantime via his Twitter account:

iShotYourBand, “tomorrow I will start selling @adamjackson prints to cover the cost of him infringing on my copyrights. They are licensed CC /commercial use”

I hope he doesn’t sell my work online. I have a few loopholes that will help me in fighting the sale of my images but Jason is a smart guy and will probably avoid those. I’ll tell you one thing, if Jason makes money selling my photos online, I’m going to learn a few things because I’ve been trying to sell my images for years and no one has bought one. I know I’m not a great photographer but, I’m excited to see how many people buy them and how much they’ll pay. I might be able to pay my bills by selling them one day. Jason, good luck.

I’m pretty sure that parts 4 and 5 will be happening on this subject. It’s a pain in the butt to deal with this back and forth but I feel like this is bullying and I will continue to stand up for what I think is right until I’m proven to be wrong and, as I’ve shown before, I’ll admit when I am wrong and apologize. Here’s to hoping, once again, that this is the last time I write about the subject. Jason, I’m sorry about this back and forth. Can we just stop this and move on?

———–

UPDATE: I’ve received a 6th DMCA notice for the quote above when Jason sent me a Twitter reply about the threat to sell my photos. Since it’s been DMCAed, I have to remove it for 14 days and send a counter-notice. Unless he files a suit against me in Federal Court then the material will have to remain down until a judge decides the outcome about copyright infringement on a tweet. Here’s the notice from Mr. Wilder.

The following pages infringe on her copyrights and she wishes for them to be removed
ASAP:
on this page:
http://adam-jackson.net/blog/

the following text which is a private email, in which the text is a written work by me and is copyrighted
http://adam-jackson.net/blog/2011/09/27/i-guess-this-thing-with-jason-wilder-ishotyourband-com-is-still-going-part-3/

“iShotYourBand, “tomorrow I will start selling @adamjackson prints to cover the cost of him infringing on my copyrights. They are licensed CC /commercial use”
”
Link to where it was stolen from:
http://www.ishotyourband.com
http://www.twitter.com/ishotyourband

They do not have any permission to use any of my photos. Please remove it
from the server.

I have a good faith belief that use of the copyrighted materials
described above on the infringing web pages is not authorized by my
registered copyright and by the law. I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the
copyright owner of an exclusive right that is infringed.

Jason Wilder