http://www.naturescapes.net/docs/index.php/articles/314If I were here to shut the site down... it would have been down long ago. Would have been very easy when so many photos were posted before.
As for fair use, all of us fall under that umbrella in posting/quoting when we follow the law on it. No problems there at all.
Can you really thing l-dsinc would not hesitate to hit this site like a hammer - just like they did with the Tanners over posting one section of the church handbook? The Tanners could have easily done an article on the chapter, quoting and commenting and it would have been 'fair use' and l-dsinc would have had nothing to complain about. Yes, l-dsinc could have continued the legal process and most likely lost though it might have taken years of appeals and a few hundred thousand dollars in attorney fees. That could happen here. Even if you win in the end the toll of years of depositions, up front costs and appearances and hassling makes you frustrated. In the Tanners case, they threw in the towel and removed the information.
Now, you don't see l-dsinc going after the other sites that still have the information up, do you? They hate the tanners, they don't care much about anyone else.
Do you really want them, bsspace, bumnuts and pawhore to have that kind of thing to hold over this site? Any of them could easily post photos they know are copyrighted and let the owner know and urge them to file the DMCA notice - and this place is shut down.
Face it, you let people continue using intellectual property without a licence to do so and it will end up being the end of this place. We have already seen that after the porn writer a number on here posted photos knowing they came from publications of l-dsinc. Just asking for trouble. You are lucky they were caught and taken off before any problems could come up.
The Mormon porn writers photo was up less than 20 minutes.Saddest of all, he never registered any copyright formally and, in reality,
does not own copyright to the photo, his brother does. Want to bet his brother never filled out and gave to him an assignment of copyright? Want to bet if it is brought up now he will get one - backdated to cover his pornobutt?
Complain all you want and point out all the other sites who use material without permission. Most will never let you know when they are hit with a DMCA notice or billing for unauthorized use. Stealing is stealing even with th excuse of 'everyone does it'.