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scans_daily suspended
carrion
schmevil
For all members of scans_daily: the community has been suspended for posting copyrighted material without the permission of copyright holders, which is against LiveJournal's ToS. Before you ask:

1) At this time we don't know who made the complaint. But guys, we don't want this to turn into a witch hunt.

2) No, we don't have backups, but we're looking into recovering our entries. ETA: pandanoai made a backup early this month. You'll need this to view it. acroamatica has it mirrored here.

3) skalja set up a backup comm on insanejournal some time ago. If you're in dire need of scans, go here for now. ETA: A while ago, sir_razorback set up a message board for the comm here. comics_scans is another scan comm on eljay. Their rules and culture are a bit different from ours. If you join, be sure to read the userinfo before posting. stubbleupdate has set up noscans_daily. Please join, so we can keep our community together.

4) No, this will not be the end of us. Vive les scans!

5) ETA: Since people are asking about eljay's stance on fair use, from the TOS:

LiveJournal and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, LiveJournal reserves the right to limit access to your journal, if found in violation of the TOS, including without limitation the Member Conduct described below, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding LiveJournal's users.

and

[members agree not to] Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party



ETA: Guys, do me a favour and link to this post in your personal journals/blogs/whatever. I don't want people to get misinformation. I'm monitoring the comments and will be around to answer questions.

ETA: Update post here.



The mod team is looking at our options; check this space for updates.


http://fairusenetwork.org/reference/td-putback1.php

and background: http://fairusenetwork.org/reference/td.php

Also note that the complaint cannot possibly cover *all* the material linked via scans_daily, since the array holders of copyright in the material in the community (and linked from the community) is vast. Suspending the community was clearly an overreach, whether it was done by a single author with copyright in the scans and a belief that fair use did not apply, or by a single large publisher, or even by some association of large publishers. There are also authors who have shared copyright in materials that have effectively given an implicit licence, and at least a handful who made that licence explicit.

Of course, this assumes an actual DMCA s 512 notice was even used, which is not a given, where LJ is concerned...

Anyone resident in the USA and having clear copyright in any of the scans, postings, or comments is free to do a counter-notice, especially if she or he has access to a DMCA-savvy attorney, time, patience, and a gigantic axe to grind.

However, if she or he is not resident in the USA things are a bit more complicated since 17 USC 512 (g)(3)(D) actually requires:"a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person", which has probably never been tested in any court. It could be a free pass to people having essentially zero connection with the USA, or it could be a source of legal headache.

Everyone's favourite part of U.S. copyright law: http://www4.law.cornell.edu/uscode/17/512.html



I'm really gutted. That community was like a treasure trove. I can't even begin to count the unexpected treasures it's brought me.

*lights a candle*

That sucks SO much!
Scans_daily is what made me check out comics I otherwise wouldn't have read :(

This is full of suck. Without scans_daily I would never have gotten back into comics again after a long departure from them. Thanks for the news.

Well...that sucks.

I was never a member of S_d-never got round to joinging but you were on my friends list and I commented (Its the crazy Jean Grey fangirl) and it gave me stuff to look out-stuff like the alt U x-men series thats due out soon i wouldnt have known about but for S_D. Fucking FAIL, LJ.

Right so...I'll bring the Daleks and a horde of angry cats....cn someone call Jason and Freddy et al? Oh, and someone might need to grab the cybermen too....onwards my little homicidal pepperpots....TO LJ HQ!

Carrie

That depends...is it the delightfully slashy slashers of the halloween comic someone posted of Jason/Freddy back in October? Ah, this comm...

I'm the same as you--never got to fully joining it. As soon as I got a decent scanner, I had some awesomesauce 80's Spiderman I was going to post. But I think S_D is a good part of why I shelled out $100 on comics in one week not that long ago.

Well, bummer, I've fallen in love and bought a lot more titles because of what I've found in scans daily. What a suck :( No more random, insane DC comics for me.

I don't know what to say. I takes me 2 hours to get to my nearest, reliable comic book store and S_D was the only thing that allowed me to keep tabs on what I thought might be worth that 2 hour trip to get them. As it stands, I only go into my capital city where the store is, 3 maybe 4 times a year. I don't think I can survive on the newsagent's copies of The Phantom for particularly long.

And if it is true that PAD was responsible (in part or whole) for S_D's suspension, he should have come to us, the fans and community first before jumping onto LJ's banhammer squad. I don't think anyone here would have had any problems in complying with an author's request that his/her work not be posted there.

I've set up Noscans_daily

For discussion of recent stuff. Can we see if we can continue to have a community on LJ, even if we can't have scans on it?

I'm all for that. I like CBR, but it's easier for me to come to LJ and read the s_d threads of the latest releases because I want to know what everyone here thinks.

Someone pulled the switch while I was switching between Amalgram comics, too. I would NEVER have heard of half the stuff I know of without S_D. Thanks a lot, whoever killed us. Thanks a fluffing lot.

Sorry to post on your journal, I was a scans_daily regular viewer/occasional poster and I just wanted to say thanks for keeping us informed. I went on today and it was just gone, I didn't know if I'd been banned or the com had been killed. A quick Google search brought up your journal.
Anyway, thanks for the info, hopefully we'll land on our feet.

No need to apologize. The post is here for members to bitch, commiserate, and get news. :)

Honestly, while I'm disappointed, I'm not surprised. There's no way in hell that s_d's use of material was fair use--it was just a matter of time before someone finally made the decision to go after it.

If the rumors are true, then A) the way trademark law is written, as soon as the community was reported to Marvel officially, then the company legally had no choice--failure to act to "protect" their intellectual property would result in their immediate loss of the trademarks on their characters, and B) it's not at all surprising that PAD got ticked off. While I'm willing to be vitriolic about stuff I don't like, rule one of interaction on the net, which people always forget, is that you never, ever say anything in a post that you wouldn't be willing to say to the subject's face...

Trademark law didn't come into it at all. Posting scans doesn't touch on trademark -- it's only if you ignore someone writing a comic that used trademarked names of yours, and not in a parody or commentary, that it would come in.

It's copyright law, and even scans in themselves wouldn't violate that, as long as they were limited samples with commentary; where limited comes in is the issue. I doubt the courts would go for the half-issues s-d had been allowing, but some number would be valid.

Can I just say that a good friend got me into Scans_daily 2 years ago, and in the process got me back into comics for the first time in a decade?

I literally have boxes of comics I collected during the '80's and 90's (*shudder* the horrors of Marvel during the 1990's*) due to the recommendation of a cute guy at a local comic shop. Now, I have boxes of more recents comics - all of which I had been exposed entirely to due to Scans_daily. Without it to use for recs, I will not be buying as much and will likely stop reading American comics again for the most part. Some of us don't like reading Wizard or buying comics on the slim chance they "might" be good. Some of us go by brief scans and word of mouth from fellow fans.

Personally, the least I'm going to do is boycott ALL Marvel comics, and focus on DC and independent companies.

Wow, I...wow. At first, I thought there might have been some kind of LJ glitch that wasn't allowing SD to show up on my profile, but when I saw that it was suspended...man, talk about a gut punch.

Pretty much every dime that Marvel and DC have gotten from me, they've gotten because of scans_daily. I barely knew anything about Marvel or DC comics in mid-2006 (just the stuff that I gleaned from having watched a few of the animated series back in the 90s), but because of SD, I have purchased individual issues and trade paperbacks for close to forty different series from both companies, at last count.

That's as many as four tens. And that's terrible awesome.

On a more personal level...the last year and a half or so of my life hasn't...been going very well. SD was one of the few things that brought a smile to my face for most of 2008. I know that I never posted stuff and just commented every now and then, but I used to come and read what others would post and the discussions that would ensue and...it really helped cheer me up. This place was one of the few bright spots in my life and I'm very grateful that it existed (and will hopefully continue to exist somehow). If it's not too cheesy to say.

Thank you again to the mods for all the work they're doing, both now with this unheaval and in the past!

S_D was awesome. Enough said. If there was a similar community for webcomics, I would keel over in joy.

I really do feel the stuff here counted as fair use, and if PAD couldn't handle that, the hell is he still doing in comics? fanwank is a GIVEN in this field.

Holy crap, MOTTO for a webcomics comm. If the big two hate my money and geekery this much, I won't continue to burden them with it.