SENSITIZE ©

i radiohead
By Louis P. Burns aka Lugh / ®BOLD©. © 2005/2006. All Rights Reserved.

• I come
  well equipped
  taught by
  the lip service
  of all who stood before.
  
  all
  who
  stood
  before.
  
  won't bow.
  won't stoop or
  be caught
  in a sick loop
  that calls me to come down.
  
  calls
  me
  to
  come down.
  
  I and I
  radiohead.
  instinctive.
  gut-led.
  I dance on.
  
  gut-led
  I
  dance.
  on...

For Thom Yorke & Radiohead.

Hyperlinks in this post are to;
wikpedia.org
http://en.wikipedia.org/wiki/Thom_Yorke
radiohead.com
http://www.radiohead.com/

Hi Alan.

The above poem is one I wrote shortly before all the crap kicked off with MSN The Pleasure Dome;a home for writers and their sister site Dome 2. I was eventually booted from both these communities for having the cheek to stand up for myself and address fundalmental flaws and criminal activities in certain people managing them.

As part of my dismissal I was asked by one of their managers / assistant managers if I would like my work still displayed on the MSN Dome site. I told her (Shona McKensie) that I did not want that to happen. So, I was led to assume my work had been deleted and I was ejected by both communities and actually electronically barred by MSN from the MSN The Pleasure Dome;a home for writers.

Can you imagine my extreme anger and hurt that some person on MSN The Pleasure Dome;a home for writers has decided to repost my I Radiohead poem, without my legal consent. You can see it by clickinghere. This person however is Argie who I was led to believe had assistant manager status on MSN The Pleasure Dome;a home for writers but who has recently told me he was demoted to regular member status because he too addressed some of the same issues I raised.

As Copyright Consultant for us on Upstate Renegade Productions I would be grateful if you told me what my legal rights are here and whether MSN are accountable for this or the ability of certain people to breach the copyright legalities put in place to protect artists and writers. This is yet another example of just how badly MSN The Pleasure Dome;a home for writers and their sister site Dome 2 have treated me.

I Radiohead is part of a larger work by me, still in development. I consider this an absolute violation of my artistic/creative, civil and human rights. Add to this that it has the potential to ruin further work by me and I think you might well see just how annoying this is.

I would appreciate any and all help you offer me here. Thanks mate.

A clarification to the above post:

My understanding is that Argie didn't re-post the poem, as it hadn't been removed in the first place. This is the crux of the matter. Lugh was told that his work would be removed, but it wasn't. By replying and therefore bumping up the message, Argie was drawing attention to its non-removal, not re-posting it.

That's probably what you meant, Lugh, but the way you worded it wasn't clear.

delph_ambi wrote:A clarification to the above post:

My understanding is that Argie didn't re-post the poem, as it hadn't been removed in the first place. This is the crux of the matter. Lugh was told that his work would be removed, but it wasn't. By replying and therefore bumping up the message, Argie was drawing attention to its non-removal, not re-posting it.

That's probably what you meant, Lugh, but the way you worded it wasn't clear.

Apologies Delph and Argie. I will make the appropriate changes now. Thank you for pointing this out Delph.

Thanks for the prompt response, Lugh. Appreciated.

Hi Alan.

The above poem; I Radiohead is one I wrote shortly before all the crap kicked off with MSN The Pleasure Dome;a home for writers and their sister site Dome 2. I was eventually booted from both these communities for having the cheek to stand up for myself and address fundalmental flaws and criminal activities in certain people managing them.

As part of my dismissal I was asked by one of their managers / assistant managers if I would like my work still displayed on the MSN Dome site. I told her (Shona McKensie) that I did not want that to happen. So, I was led to assume my work had been deleted and I was ejected by both communities and actually electronically barred by MSN from the MSN The Pleasure Dome;a home for writers.

Can you imagine my extreme anger and hurt that some person on MSN The Pleasure Dome;a home for writers has decided to hold on to my I Radiohead poem, without my legal consent? You can see it by clickinghere. Argie who I was led to believe had assistant manager status on MSN The Pleasure Dome;a home for writers but who has recently told me he was demoted to regular member status because he too addressed some of the same issues I raised. By bumping this post up Argie has revealed the illegalities of certain management / assistant management of MSN The Pleasure Dome;a home for writers. I am very grateful to him for bringing this to my attention.

As Copyright Consultant for us on Upstate Renegade Productions I would be grateful if you told me/us what my/our legal rights are here and whether MSN are accountable for this or the ability of certain people to breach the copyright legalities put in place to protect artists and writers. This is yet another example of just how badly MSN The Pleasure Dome;a home for writers and their sister site Dome 2 have treated me.

I Radiohead is part of a larger work by me, still in development. I consider this an absolute violation of my artistic / creative, civil and human rights. Add to this that it has the potential to ruin further work by me and I think you may well see just how annoying and detrimental to my career this is.

I would appreciate any and all help you offer me here. Thanks mate.

delph_ambi wrote:Thanks for the prompt response, Lugh. Appreciated.

You're welcome Delph ...

Do you know if there is anyone active on MSN The Pleasure Dome;a home for writers who can link to this sequence of posts here on Sensitize?

I believe if active members of MSN The Pleasure Dome;a home for writers could see just how nasty the management there are, they might take a stand. If not in defence of me, then on their own behalf.

Please understand. You are under no obligation to do this Delph. I will respect your decision to remain detached if that is your wish.

If you were asked if you wanted your work removed, and you said yes, then they have a legal requirement to comply with that request. You are the copyright holder and unless you have signed a contract (shrinkwrap licences don't count) expressly giving up those rights, the above still stands.

If they are displaying this or any other work by you without your permission, I suggest you contact the hosts with the links to offending works with a takedown request.

Do not go to them directly, get it done via their hosts.

In theory you could try legal action if nothing is resolved, however in my experience rackspace and MSN are pretty good at sorting these things when it's pointed out to them.

Just remember to be concise, clear, no accusations of this that or the other. Just the links and the request to remove them as copyright holder of those works.

I'll get into it in more detail later if you wish, however as it stands I have a headache thats registering Kurt Cobain on the pain scale atm.

the_leander wrote:If you were asked if you wanted your work removed, and you said yes, then they have a legal requirement to comply with that request. You are the copyright holder and unless you have signed a contract (shrinkwrap licences don't count) expressly giving up those rights, the above still stands.

I have emails from and to Shona McKensie that clearly reveal how I requested my work be removed.

the_leander wrote:If they are displaying this or any other work by you without your permission, I suggest you contact the hosts with the links to offending works with a takedown request.

Do not go to them directly, get it done via their hosts.

They are mate. I will indeed contact their hosts because try as I might, I get sod all response from either of the Dome communities.

the_leander wrote:In theory you could try legal action if nothing is resolved, however in my experience rackspace and MSN are pretty good at sorting these things when it's pointed out to them.

Rackspace have yet to respond to my email some 3 weeks or so ago. Don't know about MSN. I did contact them several months back about this entire matter and their response was frankly, flippant.

the_leander wrote:Just remember to be concise, clear, no accusations of this that or the other. Just the links and the request to remove them as copyright holder of those works.

Acknowledged and much appreciated Alan. Thank you for taking the time to research all of this and respond.

the_leander wrote:I'll get into it in more detail later if you wish, however as it stands I have a headache thats registering Kurt Cobain on the pain scale atm.

Ouch... Take your time Alan. I will get everything else sorted from my end and will update you on any feedback I get from their hosts etc.

Cheers