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View Diary: AlphaGeek's Classic DKos Disaster Preparedness Diary (edited) (15 comments)

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  •  Let me be a bit less flip. I'll elaborate on that (5+ / 0-)
    Recommended by:
    G2geek, trillian, 3goldens, Ice Blue, wu ming

    to give you a sense of how I might advise a client in this situation.

    (1) Is it ethical?  Is it in keeping with the spirit with which the author originally published?

    My answer is: yes.  I think I understand what he feared -- and I don't think that this is it.

    (2) Is it harmful to the author?  To the extent that the author finds it so, can its effect be undone?

    I say that it's not harmful and that if the author disagrees, then yes that harm can be undone.  I've even notified the site's managers that they should feel free to delete it.

    (3) Does it put the person reposting in danger?  Could I lose a lawsuit and be forced to pay damages?

    I find that highly unlikely.  I don't see damages incurring from my substantially complying with his directive (taking out things that proved distracting to readers in previous iterations), linking to the originals, and offering remediation upon request, in a non-commercial context.  He'd be nuts to sue and I think that a court would agree.

    So that's why I would counsel someone that they might be taking a small risk, but that even that small risk was unlikely to become something serious -- and that the steps that I've taken above to minimize it are advisable.

    That's how real-world legal analysis actually works.  (Note: this is not intended as legal advice for any other situation.)

    Pro-Occupy Democratic Candidate for California State Senate, District 29 & Occupy OC Civic Liaison.

    "I love this goddamn country, and we're going to take it back." -- Saul Alinsky

    by Seneca Doane on Mon Oct 29, 2012 at 03:02:52 AM PDT

    [ Parent ]

    •  Permission to edit could have, ... (0+ / 0-)

      and should have, been sought, given AlphaGeek's clearly stated limitation as to the further use of his intellectual property.  It might even have been granted.  It was the purposeful refusal to extend that simple courtesy request that I found troubling, and a thorough real-world legal analysis would have also taken that aspect into consideration in addition to the other issues for which defenses were offered.  

      There having been several other detailed preparedness diaries posted of late, it's not like Kossacks would have been deprived of critical information without this piece.

      "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

      by Neuroptimalian on Mon Oct 29, 2012 at 03:23:41 AM PDT

      [ Parent ]

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