What Is Fair Use?

There have been some difficulties with this blog, resulting from my quoting portions of the Find Me In Florida Again blog.  A commenter here, who appears to be the blog author has real issues with these quotes, calling it an infringement of her copywrite.  Now, I thought I remembered reading that her husband was an attorney, so I would have thought he'd explained the legal idea of Fair Use to her.  But just in case anyone is confused, I thought I'd post it here:

§ 107. Limitations on exclusive rights: Fair use⁴⁰

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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

US Copyright Office 

Lemme sum up here.  The use of quotes from the FMIFA blog, quoted appropriately, with links provided back to her blog to be read in it's original context, for the purpose of commentary or criticism, is within the legal standard of Fair Use.

I suppose if she really wants to, she can try to sue me, but A) I don't have anything, and I have to say, I think she'd look kinda bitchy for suing a woman in her 3rd trimester of a high-risk pregnancy of a baby with a serious birth defect over something this petty and B) she can't possibly win.  She might even end up responsible for my legal fees.

I'm not super worried at this point.  I've had multiple threats over the years.  From the hope that I'd be eaten by gators, to threatening to turn me in to CPS for homeschooling, now to threats of lawsuits.  So far, not much has happened, and I hope that continues.  Seriously, it's not worth it.

What A Catholic Really Is

Today, Un pOLKA DOT in Tampa has posted this about what the "truth" is about the definition of a Catholic in good standing.

I think she and I have different definitions of the word "truth".  Or perhaps she's just using hyperbole.  While I've known a few Catholics who have a very narrow definition of who fits and who doesn't (seriously, there was a head-covering Catholic women's group online who believed if you didn't hear Mass in Latin, you weren't really a Catholic) they are by far, not the norm.

1. Since the Eucharist is equally valid whether you drink the wine or not, what does she care how others recieve it?  Seems she may be the one passing judgment on what makes a good Catholic with this one.
2. I don't get the whole 90 degree angle prayer thing.  Who said this to her, and why has she not been able to let it go?
3. Where a good Catholic lives as judgement, is in my opinion, all in her head.  Funny, I've never once heard anyone say anything about Catholics in Florida not being good enough.  Or Catholics from anywhere for that matter.  The only person I've ever heard criticize others for where they live, is Jeanne on her blog.
4. I was in a Catholic women's group with Jeanne online.  Most of us had jobs.  While there is certainly an element within Christianity in general that seeks to keep women in only the most traditional understanding of womens roles, this is hardly the norm, and I don't know why she should take it so hard.
5. I happen to live "Up North" though I grew up in a much warmer climate.  Trust me, no one whispers about hating the damned snow.  There are many things I love about where I live.  Six freaking months of Winter, is not one of them.
6. Most of the Catholic women I know are anything but bored.  But still, I'm sure that there are women of many faiths who are.  Still, are they something to be belittled and ridiculed and judged?  I don't think so.  If someone's faith has them so cornered that their lives are dull and unconnected, that's something to feel bad about for them.  Instead I feel like Jeanne's posts come across as she has nothing but disdain.
7. I have NEVER heard anyone say that you must have children in order for a marriage to be valid.  There are many biblical stories of infertility.  That Catholic women's group I was in with Jeanne?  Several women were struggling with infertility and it was hard.  They found comfort in our group, not judgement.  I don't know who has made Jeanne think this, but I wish she'd stop insinuating that it's some wide spread issue.  It isn't.  It sounds like one bitchy busy body said something to her.  Granted, I've had one of those bitchy busy body Catholic know-it-all's tell me about what they think I should be doing reproductively.  And it kinda sucks ass. That said, I don't take her to represent all Catholic women.
8. I call bullshit on the no laughter.  Where does she get these ideas?
9.  I'm flummoxed.  Got nothing.  Wool?  Really?
10. Even when I was a Minnesota Catholic (I'm not Catholic anymore) I never wore a wool dress.  Seriously, where does this come from?
11. Plenty of Northerners tan.  WTF?  I don't, and didn't even when I live in Southern California.  I'm a fair Celt.  But what does that have to do with being Catholic, or who's good enough?  Oh, wait, I remember: NOTHING.
12. How would she know who's having real fun?  Sounds judgmental to me.
13. We have a Catholic radio station in MN.  Relevant Radio.  Or at least we did last time I checked.  I would think that would make someone more Catholic, not less.
14. Even what car you drive?  She thinks people care?  They don't.
15. I think she meant HAVE a large house and lots of kids.  Seriously, no one thinks anyone is better for having that.  And if they did, they'd be wrong.
16. It's not that no one can say anything about homeschooling.  Homeschooling or not doesn't make a better Catholic.  It's that, since homeschooling has been accepted as a valid choice by the Catholic Church as a valid choice, if you don't agree, maybe it's not your job to tell all homeschoolers that they shouldn't, can't, or are doing it wrong.  Heck, maybe if someone is homeschooling, it's none of your business.
17. Yes, an accent makes you a better Catholic.  WTF?
18.  I call BS on voting Republican.  Although there are a certain number of Christians that think that GOP and Christianity are synonymous.  They're not representative of all of them.  And isn't it sad that they have such a narrow view?
19. and on....same old same old.

I think Jeanne has issues with other Catholics not because they don't think she's Catholic enough, but because she has an antagonistic online persona.  For example a while back she wrote a post about sharing on the Faith and Family website about having met Joseph Ratzinger before he was Pope.  It was a cool story, and if she'd just told it, I don't think it would be a big deal.  Lots of people were sharing I met the Pope stories.

But Jeanne includes in her comment "Fr Mike Scanlan TOR was there brought by my cousin.  He tells this story too.  Call him ask him."  This is the kind of thing that is common when dealing with Jeanne online.  She comes across as aggressive and antagonistic, and then she doesn't understand why people get defensive or start blocking her comments.

Maybe she doesn't understand how she comes across online.

Where's the line?

After my spam comment yesterday, I got to thinking about where the line is between disagreement and bullying, interest and stalking.

Here are my thoughts.

I know Jeanne's last name, but I don't share it.  I assume she's a real person and I think a certain amount of privacy is fair.

I don't know where Jeanne works, or where she lives.  I do know where she's gone to school, only because she talked about it on her blog.

I don't know a thing about her husband, other than what she's posted, and I don't know his name.

I don't know these things for two reasons.  1) I don't care.  I respond to an online persona and writings.  That's it.  2) I don't look for these things.  To me, that crosses the line between interest in what a person has said in a very public sphere (like the internet) and stalking.  I am not a stalker.

I don't tell Jeanne not to write her blog, though I have questioned why she does.

I don't tell her what she can and cannot talk about.

I've never told her that I'm going to take any action against her, despite a few rather nasty run-ins.  Though some of her comments to me on a message board were reported which resulted in her being banned from the site.  That, however, is not my fault.  The terms of service there are pretty strict.

I don't do these things because 1) I don't know the "real" Jeanne.  I know an online persona.  2) I don't wish anything bad on anyone.  Even if Jeanne is, in real life, exactly who she appears to be online, I wouldn't wish anything bad on her.  She's a human being.  She's someone I can disagree with, and not think about how I can sue her, or make her real life difficult.  To me, that crosses the line between disagreement and bullying.  And I am not a bully.  An opinionated bitch?  Sometimes.  But not a bully.  Jeanne has every right to her opinion and her blog as I do.

The views stated here are my opinions.  No more.  No less.  While I am not a bully or a stalker, I equally am not someone likely to be easily bullied, or put up with stalking.

Since starting this blog, I've had threats of legal action, threats that I will be reported to Blogger, someone trying to hack my Google account, and the posting of my personal information (albeit much of it incorrect or not completely accurate) in a public space.

Who ever that is, I believe it crosses the line into bullying and stalking.  And I hope you're not doing it for Jeanne.  Even I think she deserves better than that.  And I'm going to choose to think it's not Jeanne.  Because while I find her online demeanor to be all kinds of wonky, I'd like to think she knows where the lines are, and that I have certainly not crossed them.

Besides, this blog, with it's few opinions and few posts, can't possibly rate that much work and ire, right?

Love the Love

Just deleted a spam comment from "S" which listed itself as "S." Legal.

Not only were the facts not quite accurate, but shared a lot of my personal information. Like my address and phone number as well as past addresses not just of me, but of my husband also.

I find it interesting that I have never done more than share my opinion of Jeanne's blog, posts, or viewpoints. Certainly since Jeanne has made it clear to me that she has every right to free speech (something on which I wholeheartedly agree) she would wish me to also have that same right.  She's a fair person, right?  And believes in the rights of others as well?

I make no secret of disagreeing with Jeanne, or disliking her blog. These are my opinions. But I do not share personal, nor private information. I don't follow her around the internet (with the exception of things I read upon occasion when they're pointed out to me), heck I don't even use her last name. And for a reason. Even though I know her last name (not through digging, honestly, but because she's shared it on her blog and on the message board we were both on).  But she deserves her privacy. That's why I only write about things that she posts on the web (namely her blog).

This is an opinion blog. I write on it rarely, when I see something I find worth writing about.

I'm going to assume that "S" Legal is someone pretending to be the Floridian Blogger I discuss here. Certainly a devout Catholic, who has insisted on showing a kinder and gentler side, and someone who has stated that she loves people, free speech, and the equal rights of others would not stoop to such measures as posting my personal information on the internet simply because I disagree with her or share an opinion. Certainly I would never do such a thing to her either.

We all have our opinions and should feel free to share them openly. Right?

Bloggherea

Dear Floridian Blogger,

With your hard won degree in journalism, I would think you would be someone who would gather your sources, collect your thoughts, and present them with some kind of organization. But it seems you post absolutely everything you find interesting, and all as separate posts. For anyone who does actually follow you, it's really obnoxious. Especially in a reader. And, to be perfectly honest, it's not as entertaining as it used to be. At least then you had an interesting, if bizarre take on things. Now most of it is just regurgitation and links.

I'd tell you to stop it, but God forbid anyone should ever tell you what to do. After all, freedom of speech and all that. And I'm well aware that you don't really care about making anything easier for all two of us who read your blog.

Happy Easter,

Annoyed.

Again, How Florida Rocks & Jean Looks Down On No One

I know I've said it before, and I hate to beat a dead horse, but Jean's blog has become so much of an eyesore, I generally prefer to check it out via reader than actually visit her site.  It's painful.  But she's said some things I felt worth of answering.  Not that she's blogging anymore.  Because you know she said she wasn't going to!  She's the most prolific non-blogger I've ever seen.

So here we go.

From this post, published April 16th 2011:

I love that:

Oh yeah. I have to laugh. Those Faith and Family ladies do not want to meet me because I will look at them with my sunglasses half on my nose and ask them "who are you?"Is then followed with:

I love God's people

And:

I try not to be haughty here.

Of course you don't, Jean. you just complain about how everyone looks down on poor 'ickle Jean while saying things like:

Most of those micro poly wanna cracker quasi religio folks can't even manage their own lives much less mine. They do not know how to keep it simple. Many of them never will. Many of them do not know what a real relationship with the Blessed Trinity really is. It is all about an over emphasis on externals and nothing about the internal life.

I'm feeling the love, aren't you? Of course, she's right, people who live up North generally don't have Florida drivers licenses. {Insert seriously perplexed and confused look here}

Still, my favorite quote from this blog post has got to be:

I do this blog for NOTHING. I do it for the sheer enjoyment of it. I do not get paid to do this and THERE IS NO ADVERTISING TO INFLUENCE WHAT i CAN AND CANNOT WRITE.

She just had to go all caps again, didn't she? It's sweet that she writes her blog for her own enjoyment (I guarantee no one enjoys reading it) but isn't it possible that no one would want to advertise on her godawful poorly written, hot mess of a blog? I think so. I wonder if she'll threaten to sue me again for saying that?

Now, on to the next post!

This post, published on April 16th 2011. It's like the third post in a day from the woman who's not going to blog anymore.

You can't really understand the beauty of this post without the title:

CONDOMS FOR 11 YEAR OLDS HAPPEN UP NORTH IN THE DIOCESES WHERE MOST HOMESCHOOLERS AND FAITH AND FAMILY LIVE LADIES LIVE. ISOLATION IS NOT GOOD. SIC KEEP DOING IT.

Right, because no one homeschools in Florida, and no one from Faith and Family live South of the Mason Dixon Line.

She goes on to say:

In Florida, the majority of school districts and all of the Florida Metro diocese schools teach ABSTINENCE.

Jean is correct about Florida largely teaching abstinence. And it's a good thing they're not handing out condoms either. It might interfere with their rising teen pregnancy rates, higher than they've been in 35 years! That abstinence program sure is working!

I HAVE PROOF. COMMENT AND GET INDIGNANT IF YOU DON'T BELIEVE. I HAVE THE LINK.

Relax, Jean, I believe you! I also think it's an idiotic statement and wonder again what the qualifications are to get a degree in journalism where you went to school.  I wonder if this is why you didn't make it as a journalist?

Whatever. Keep up the blogging, Jean. You always manage to hurt my eyes.

Um....

Dear Jeanne,

Your blog is a God Awful eyesore.  Why do you keep it?

Love,

Me