Fair Use and Copyright Abuse: WordPress Dismisses Abusive DMCA Complaint About My Story on DMCA Abuse

— Automattic, the Californian tech company behind blogging platform WordPress, has dismissed a copyright complaint about this blog by conservative writer Michael Moates, citing fair use protections

In February, I published a story about frivolous attempts to suppress sexual harassment claims against conservative writer Michael Moates.

As I wrote in that story, since October someone has been filing copyright complaints in Moates’ name requesting that Google delist a bunch of news articles, including pieces by Right Wing Watch and Raw Story, that reported on lewd and inappropriate messages he allegedly sent to three young women, including two underage girls (click here to read more about the allegations).

Late last month, Automattic received a brand new copyright complaint, sent from Moates’ personal e-mail address, targeting my story and requesting the removal of a number of photos and images (two of which were embedded from other sites), including a screenshot of a Facebook exchange in which he appeared to proposition sexual/domestic assault victims’ advocate Kylie Thomas to go on a date with him.

source

In an e-mail yesterday, Automattic, whose free speech bonafides include fighting copyright abuse by suing on behalf of its users and even tolerating a few less-than-flattering posts by this blog (see: Arif Trumps WordPress), said it has decided not to comply with the complaint, citing fair use protections.

Here’s Automattic’s e-mail, including Moates’ complaint, in full:

Sal P. (Automattic)
May 2, 23:10 UTC

Hello,

We have received a DMCA notice for material published on your WordPress.com site.

Normally this would mean that we’d have to disable access to the material. However, because we believe that this instance falls under fair use protections, we will not be removing it at this time.

Section 107 of the US Copyright Act identifies various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. You can learn more about that here:

Copyright and Fair Use
Copyright Law of the United States

While we believe that your use of the material is protected (we have fought for our users in similar cases in the past – see “WordPress wins against ‘straight pride’ group in copyright censorship case”), please keep in mind that the complainant may choose to continue to pursue this matter, perhaps directly with you. If you would prefer, you are still able to delete the content from your site yourself.

The notice we received from the complainant follows.

— BEGIN NOTICE —

First name: Michael
Last name: Moates
Company name:
Address: [Redacted]
City: [Redacted]
State/Region/Province: [Redacted]
ZIP: [Redacted]
Country: United States (US)
Phone number: [Redacted]
Email address: michael.moates@thenarrativetimes.org

Copyright holder: Michael Moates

Location of unauthorized material:
shootingthemessenger.blog/tag/michael-moates/
shootingthemessenger.files.wordpress.com/2019/02/moates.kylie_..jpg

Location of original materials:
http://www.facebook.com/photo.php?fbid=815500755265835&set=piaarp.100004177545170&type=3&theater
http://www.facebook.com/photo.php?fbid=965443223604920&set=a.360042224145026&type=3&theater

Description of original materials:
See embeded copyright images on page:

Moates in front of White House
Moates and Sean Hannity

See photos in story

Photo of Moates attached to Facebook message

I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
I acknowledge that a copy of this infringement notice and any correspondence related to it, including any contact information I provided above (address, telephone number, and email address), will be forwarded to the user who uploaded the content at issue. I also acknowledge that a note may be placed on the site in question detailing the name of the copyright owner who submitted the takedown notice.

Digital signature: Michael Moates
Signed on: 2019-04-27 09:21:23

— END NOTICE —

Sal P. | Community Guardian | WordPress.com

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Bogus Copyright Complaints Sought to Suppress Michael Moates Sexual Harassment Claims

— At least three young women have accused conservative writer Michael Moates of sending sexually suggestive messages

Multiple bogus copyright complaints sought to suppress sexual harassment claims made last year against conservative writer and D.C. Chronicle founder Michael Moates.

The complaints, sent in Moates’ name over a five-month period starting October, requested that Google delist six news articles concerning Moates’ alleged misconduct towards three young women, including two underage girls.

Michael Moates (source)

The three women, Purity Thomas (16), Hadassah Cohen (17), and Kylie Thomas (20), assert that Moates sent them inappropriate and sexually suggestive messages during discussions online and over text message. The claims, including that Moates told Cohen that she “couldn’t possibly be telling the truth that [she] was a proud virgin…because [she] was too gorgeous for that,” were first reported in October by Right Wing Watch, a liberal watchdog site of conservative media.

According to statements and screenshots posted online, Moates texted Purity Thomas—then 15—that she was a “beautiful crazy chick.”

“This is Michael, correct?” Thomas asked in reply.

“Yes lol,” Moates wrote back. “Sorry I made a mistake lol”

Thomas, currently the executive director of pro-life women’s group reLOVE, had reached out to Moates to discuss her experience of being physically assaulted during a protest. But after talking to him, “[she] thought, ‘You’re not coming anywhere near my team,’” Thomas told Right Wing Watch.

source

In another exchange that allegedly took place over Facebook, Moates propositioned Kylie Thomas, an advocate for sexual and domestic assault survivors, to go on a date with him.

“Maybe I can get you drinking if I can get that date,” Moates suggested.

“Sounds bad,” Thomas replied. “Sounds like a reason mothers give daughters pepper spray.”

“LOL I would never take advantage,” Moates wrote back. “lol more of hey your cute youve been drinking lets go to dinner haha.”

source

Shortly after the story was picked up by Raw Story and a number of other media outlets, someone sent Google three copyright complaints in Moates’ name requesting that the search engine remove the offending articles because they included Moates’ personal Facebook and Twitter photos. Last week, another three complaints were sent to Google, also in Moates’ name.

“The self-taken photograph with Fox News commentator Sean Hannity was taken from Facebook,” reads one of the complaints. “Photograph (selfie) taken with Tomi Lahren,” reads another.

source

U.S. copyright law stipulates that the publishing of copyrighted photos might be considered Fair Use if used in a journalistic context, as with the Right Wing Watch and Raw Story pieces.

“The fair use of a copyrighted work…for purposes such as criticism, comment, news reporting…is not an infringement of copyright,” Section 107 of the Copyright Act states.

In an e-mail, Techdirt reporter Tim Cushing said that the use of Moates’ photos was “clearly fair use.”

“Moates’ use of social media is a key aspect of this story, so the use of screenshots of his social media posts isn’t copyright infringement,” said Cushing. “At best, Moates should be contacting the sites directly and requesting they remove the photo. Targeting the entire URL is just an attempt to remove a critical article under the pretense of protecting his IP [Intellectual Property].”

Moates with Sean Hannity (source)

It remains unclear if Moates sent the complaints, as he didn’t reply to a request for comment. But in September, Moates told The Daily Beast reporter Lachlan Markay that he planned to file libel lawsuits against a number of conservative women who’d made sexual harassment claims against him. 

As of publication, Google has not delisted the targeted articles.