Note: I am just putting up possibilities when I was mentioning things such as they could have been or possibilities. I am not attempting any kind of slander I am just stating the possibilities and facts to why Judge Kane needs to fully make Righthaven prove that they did everything properly in the copyright office and that they can prove that one of their employees really did take the picture.
(Ben Acel)Yes Brian Hill, operator of the North Carolina based website, uswgo.com, originally found the patdown photo from Dead Serious News. This is all true and confirmed by References and sources including the court docket. First of all according to Reference 1 below this article Brian Hill originally found the patdown photo at Dead Serious News and assumed they held the copyright to the image and so when I checked with the court docket, I found that it mentions Dead Serious News in one of their court docket exhibits sent to the judge. This is all confirmed and that he did gave Dead Serious News credit for their patdown image especially since they are not being sued for having the photo on their blog which means there is a possibility that Craig F. Walker may have not taken the photo or there could be another reason why Righthaven has never pursued a case against operator of the Dead Serious News website.
So lets look into Reference 2 where all of uswgo’s syndication spots all show the same exact thing as Righthaven’s exhibit against Mr. Hill showing that credit was given to both the image and the article since he believed to the best of his knowledge that Dead Serious News held the copyright and allowed Brian to use the photo on his website. We still don’t know whether Dead Serious News gave Brian a bigger copy of the photo but he did state in WXII12 that he found the photo on Google Images but those sites could have got permission to use a large version of the photo currently on Dead Serious News so how we do know that Denver Post could have stolen or not stolen the photo and made one of their employees claim that they took the photo in order to get the copyright. We don’t know it all exactly for sure and so that is why we need to ask Judge Kane to force Righthaven to prove that they were the ones that took the photo and that they have a legal standing under Copyright Law to make these lawsuits happen.
Then Reference 3 states that Mr. Hill did not know that the photo could have been (It may not even had been taken by Craig Walker of the Denver Post. It could had been stolen and you never know) taken at a Colorado airport because these patdowns are all over the country maybe even International and so the patdown photo could have been taken from any airport. Mr. Hill assumed the photo came from a photographer working for Dead Serious News blog and that the photo was taken from the San Francisco International Airport. It is all confirmed after verifying the facts. Even if they proved that the photo was taken in Denver International Airport Mr. Hill to the best of his judgment credited what he assumed was the copyright owner, and that was Dead Serious News.
Then Reference 4 shows in the copyright records it doesn’t show whom took the picture. So the question is how can just a copyright record without any names of the original author be used as evidence in a court trial to sue somebody for copyright infringement. It is to my understanding Righthaven should carry the burden of proof which means that they need to prove that one of their employees has the original photo(Either on their computer, photo discs or digital camera), that the photo was taken by the employee of the Denver Post, that it was Craig F. Walker who took the photo, and that he did sign a legal document stating that every photo he took for the Denver Post will be copyrighted by the corporation Media News Group Inc.
So wheres Righthaven’s Burden of Proof, why have they not tried to sue Dead Serious News and they were right on the article on uswgo.com with a link to Dead Serious News, and why hasn’t Craig F. Walker come forth to testify that he indeed took the photo to prove that Media News Group got the rights to the photo and thatthe photographers rights were signed away by a legal document with his signature. This should all be investigated by Judge Kane.
So this is what I am asking Judge Kane to do.
1. He needs to temporarily halt the court trial until Righthaven proves that a Media News Group Inc. employer for hire Craig F. Walker really took the photo. That copyright registration number does not mention any particular employee or any photographers name so this copyright record doesn’t prove that Righthaven or even Media News Group Inc. really owns the TSA enhanced patdown photo. There is a high possibility that the photo could have been stolen since it doesn’t mention the photographer or any author except Media News Group Inc. and that’s a very large news corporation so there is no record of who really took the photo. An organization or corporation cannot just own a photo because it may be stolen property from another individual so they should have at least added the name of the photographer for reference and proof that the photo does belong to Media News Group Inc.
2. He needs to check out that Dead Serious News is where the photo was at therefore is proof that Brian had no idea at all that it was Colorado if it was even in Colorado. The judge needs to make Righthaven prove that the photo was taken in Denver and that this case is really relevant to Denver or even Colorado and that they were at least truthful in their accusations.
3. Before a trial even begins Righthaven should have to prove everything they said is fact based and truthful.
Man arrested after ejaculating during TSA pat-down : Dead Serious News which shows the photo in question.
Brian always makes sure that every post he makes from his wordpress powered website that they get syndicated to a wide variety of sources using a post by email option on other blogging sites. Even BBNWorldNews also syndicated USWGO’s post that had the patdown picture all mention Dead Serious News which is a blog based in California.
(Theres probably more but since Google is now penalizing content farms those cannot be found anymore but those places syndicated the posts as well)
The Dead Serious News website mentions nothing about the Denver International Airport or even Colorado but instead mentions an airport in San Francisco California according to the quote below:
A 47 year old gay man was arrested at San Francisco International Airport after ejaculating while being patted down by a male TSA agent.
Reference 4: Copyright info from the copyright Office:
|Type of Work:||Entry not found.|
|Registration Number / Date:||VA0001751279 / 2010-12-08|
|Application Title:||TSA Agent performs enhanced pat-downs.|
|Title:||TSA Agent performs enhanced pat-downs.|
|Description:||Electronic file (eService)|
|Copyright Claimant:||Righthaven LLC, Transfer: By written agreement. Address: 9960 West Cheyenne Avenue, Suite 210, Las Vegas, NV 89129-7701, United States.|
|Date of Creation:||2010|
|Date of Publication:||2010-11-18|
|Nation of First Publication:||United States|
|Authorship on Application:||Media News Group, Inc., employer for hire; Domicile: United States; Citizenship: United States. Authorship: photograph.|
|Rights and Permissions:||Chief Executive Officer, Righthaven LLC, 9960 West Cheyenne Avenue, Suite 210, Las Vegas, NV, 89129-7701, United States, (702) 527-5900, email@example.com|
|Copyright Note:||C.O. correspondence.|
|Names:||Media News Group, Inc.|