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	<title>Comments on: Federal Court Doesn&#8217;t Quite Recognize Copyright in C&amp;D Letter</title>
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	<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/</link>
	<description>Joe Gratz&#039;s blog</description>
	<lastBuildDate>Sun, 10 Feb 2008 03:55:04 +0000</lastBuildDate>
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		<title>By: MAeX Artblog &#187; Blog Archive &#187; Don’t copy this (and don’t copy my cease and desist letter, either)!</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-765</link>
		<dc:creator>MAeX Artblog &#187; Blog Archive &#187; Don’t copy this (and don’t copy my cease and desist letter, either)!</dc:creator>
		<pubDate>Sun, 10 Feb 2008 03:55:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-765</guid>
		<description>[...] for a cease and desist letter is not very hard. The hurdles for federal registration are fairly low and a cease and desist letter may meet those [...]</description>
		<content:encoded><![CDATA[<p>[...] for a cease and desist letter is not very hard. The hurdles for federal registration are fairly low and a cease and desist letter may meet those [...]</p>
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		<title>By: Bill Gates &#187; The Short View: Buffet</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-764</link>
		<dc:creator>Bill Gates &#187; The Short View: Buffet</dc:creator>
		<pubDate>Fri, 01 Feb 2008 23:40:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-764</guid>
		<description>[...] since the cease-and-desist had been registered at the copyright office, the firm (in that case) had met the low prima facie bar to show infringement. Basically, all the court said was that if the letter had been successfully registered at the [...]</description>
		<content:encoded><![CDATA[<p>[...] since the cease-and-desist had been registered at the copyright office, the firm (in that case) had met the low prima facie bar to show infringement. Basically, all the court said was that if the letter had been successfully registered at the [...]</p>
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		<title>By: Brandon</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-763</link>
		<dc:creator>Brandon</dc:creator>
		<pubDate>Wed, 30 Jan 2008 09:03:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-763</guid>
		<description>I don&#039;t know if I&#039;m going to get you in trouble for saying this :P  but Melaleuca is obviously an evil company, and I will never ever buy their products from this point on.   If they&#039;re not evil, then they&#039;ve hired evil lawyers, which a non-evil company would rectify.  Unless there&#039;s a swift change, I&#039;ll stick to my original interpretation of the situation.

(If we make that fact as publicly known as possible, they&#039;ll never be able to litigate their way out of it.  They would have been much smarter to clean up whatever problem caused the poster to complain about them, and address the issue on the message board rationally and civilly.  If they were decent that&#039;s what they likely would have done.)</description>
		<content:encoded><![CDATA[<p>I don&#8217;t know if I&#8217;m going to get you in trouble for saying this <img src='http://www.joegratz.net/wp-includes/images/smilies/icon_razz.gif' alt=':P' class='wp-smiley' />   but Melaleuca is obviously an evil company, and I will never ever buy their products from this point on.   If they&#8217;re not evil, then they&#8217;ve hired evil lawyers, which a non-evil company would rectify.  Unless there&#8217;s a swift change, I&#8217;ll stick to my original interpretation of the situation.</p>
<p>(If we make that fact as publicly known as possible, they&#8217;ll never be able to litigate their way out of it.  They would have been much smarter to clean up whatever problem caused the poster to complain about them, and address the issue on the message board rationally and civilly.  If they were decent that&#8217;s what they likely would have done.)</p>
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		<title>By: Nolo’s Patent, Copyright, and Trademark Blog &#187; Blog Archive &#187; Don&#8217;t copy this (and don&#8217;t copy my cease and desist letter, either)!</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-762</link>
		<dc:creator>Nolo’s Patent, Copyright, and Trademark Blog &#187; Blog Archive &#187; Don&#8217;t copy this (and don&#8217;t copy my cease and desist letter, either)!</dc:creator>
		<pubDate>Wed, 30 Jan 2008 04:08:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-762</guid>
		<description>[...] for a cease and desist letter is not very hard. The hurdles for federal registration are fairly low and a cease and desist letter may meet those [...]</description>
		<content:encoded><![CDATA[<p>[...] for a cease and desist letter is not very hard. The hurdles for federal registration are fairly low and a cease and desist letter may meet those [...]</p>
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		<title>By: Keith Irwin</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-761</link>
		<dc:creator>Keith Irwin</dc:creator>
		<pubDate>Wed, 30 Jan 2008 01:37:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-761</guid>
		<description>Thanks for taking the time to read the opinion and write about it.  When I first heard the news that copyrighting C&amp;D letters had been upheld by the courts, I felt sorely disappointed in our legal system.  I&#039;m thrilled to see that it isn&#039;t really so.  I&#039;m glad that you took the time to write something up about it.</description>
		<content:encoded><![CDATA[<p>Thanks for taking the time to read the opinion and write about it.  When I first heard the news that copyrighting C&amp;D letters had been upheld by the courts, I felt sorely disappointed in our legal system.  I&#8217;m thrilled to see that it isn&#8217;t really so.  I&#8217;m glad that you took the time to write something up about it.</p>
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		<title>By: El Mike&#8217;s Internet News Blog &#187; Blog Archive &#187; Then Again, Posting Cease And Desist Letters May Be Okay</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-760</link>
		<dc:creator>El Mike&#8217;s Internet News Blog &#187; Blog Archive &#187; Then Again, Posting Cease And Desist Letters May Be Okay</dc:creator>
		<pubDate>Tue, 29 Jan 2008 18:49:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-760</guid>
		<description>[...] since the cease-and-desist had been registered at the copyright office, the firm (in that case) had met the low prima facie bar to show infringement. Basically, all the court said was that if the letter had been successfully registered at the [...]</description>
		<content:encoded><![CDATA[<p>[...] since the cease-and-desist had been registered at the copyright office, the firm (in that case) had met the low prima facie bar to show infringement. Basically, all the court said was that if the letter had been successfully registered at the [...]</p>
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		<title>By: Cease and Desist, Copyright and Fair Use : The Blog Herald</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-759</link>
		<dc:creator>Cease and Desist, Copyright and Fair Use : The Blog Herald</dc:creator>
		<pubDate>Mon, 28 Jan 2008 15:15:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-759</guid>
		<description>[...] of the case have come to light, many of us have breathed a sigh of relief. As others have begun to more thoroughly read the full decision, it is clear that the courts ruling is far from a clean-cut or as life altering as previously [...]</description>
		<content:encoded><![CDATA[<p>[...] of the case have come to light, many of us have breathed a sigh of relief. As others have begun to more thoroughly read the full decision, it is clear that the courts ruling is far from a clean-cut or as life altering as previously [...]</p>
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		<title>By: Then Again, Posting Cease And Desist Letters May Be Okay teasered @ Feed UP !!</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-758</link>
		<dc:creator>Then Again, Posting Cease And Desist Letters May Be Okay teasered @ Feed UP !!</dc:creator>
		<pubDate>Mon, 28 Jan 2008 10:44:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-758</guid>
		<description>[...] since the cease-and-desist had been registered at the copyright office, the firm (in that case) had met the low prima facie bar to show infringement. Basically, all the court said was that if the letter had been successfully registered at the [...]</description>
		<content:encoded><![CDATA[<p>[...] since the cease-and-desist had been registered at the copyright office, the firm (in that case) had met the low prima facie bar to show infringement. Basically, all the court said was that if the letter had been successfully registered at the [...]</p>
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		<title>By: CommentURL.com &#124; A world of interesting web pages</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-757</link>
		<dc:creator>CommentURL.com &#124; A world of interesting web pages</dc:creator>
		<pubDate>Mon, 28 Jan 2008 09:10:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-757</guid>
		<description>&lt;strong&gt;Federal Court Doesnt Quite Recognize Copyright &#124; CommentURL.com...&lt;/strong&gt;

joegratz.net  Does copyright law protect a cease and desist letter?  Techdirt has a post on a ra...</description>
		<content:encoded><![CDATA[<p><strong>Federal Court Doesnt Quite Recognize Copyright | CommentURL.com&#8230;</strong></p>
<p>joegratz.net</p>
<p> Does copyright law protect a cease and desist letter?</p>
<p> Techdirt has a post on a ra&#8230;</p>
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		<title>By: d2</title>
		<link>http://www.joegratz.net/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/comment-page-1/#comment-756</link>
		<dc:creator>d2</dc:creator>
		<pubDate>Mon, 28 Jan 2008 04:34:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.joegratz.net/archives/2008/01/26/federal-court-doesnt-quite-recognize-copyright-in-cd-letter/#comment-756</guid>
		<description>Joe;

Well-written article here and on techdirt.

One clarification: the Dozier article (and consequently, articles by slashdot and techdirt) make it sound like Dozier had a hand in this stuff.  He didn&#039;t.  Frankly, until Friday, I&#039;d never heard of the guy.

Left unspoken in this context is that &#039;Tom Paine&#039; authored the initial article that provoked Melaleuca chief counsel Ken Sheppard&#039;s takedown demand letter.  It isn&#039;t a coincidence or misunderstanding of the technical details that they wanted &#039;Tom Paine&#039;; we believe his identity was all they ever were looking for.

The slashdot attention at least got me to write a FAQ.  Check it out here:

&lt;a href=&quot;http://www.43rdstateblues.com/?q=melaleuca-43sb-faq&quot; rel=&quot;nofollow&quot;&gt;Melaleuca - 43sb Lawsuit FAQ&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>Joe;</p>
<p>Well-written article here and on techdirt.</p>
<p>One clarification: the Dozier article (and consequently, articles by slashdot and techdirt) make it sound like Dozier had a hand in this stuff.  He didn&#8217;t.  Frankly, until Friday, I&#8217;d never heard of the guy.</p>
<p>Left unspoken in this context is that &#8216;Tom Paine&#8217; authored the initial article that provoked Melaleuca chief counsel Ken Sheppard&#8217;s takedown demand letter.  It isn&#8217;t a coincidence or misunderstanding of the technical details that they wanted &#8216;Tom Paine&#8217;; we believe his identity was all they ever were looking for.</p>
<p>The slashdot attention at least got me to write a FAQ.  Check it out here:</p>
<p><a href="http://www.43rdstateblues.com/?q=melaleuca-43sb-faq" rel="nofollow">Melaleuca &#8211; 43sb Lawsuit FAQ</a></p>
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