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.

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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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Round-Up: Maria Butina’s Russian Fundraiser

— Round-up of news coverage re: Shooting the Messenger story about the Kremlin-backed company paying for Maria Butina’s legal expenses

Via “The Enigmatic Russian Paying Maria Butina’s Legal Bills” by Natasha Bertrand, The Atlantic, March 20, 2019:

Maria Butina, the first Russian to plead guilty to seeking to infiltrate and influence American policy makers in the run-up to the 2016 election, remains somewhat of a mystery. But her prosecution in Washington, D.C., last year shed light on yet another avenue through which Russia tried to influence American politics in 2016: namely, via an old-fashioned, on-the-ground operation, conducted not by experienced spies but by disarming political operatives. New revelations about Butina’s legal-defense fund in Russia shows that one of her backers has been trying to promote fringe separatist movements in the U.S. since well before 2016.

In 2018, Alexander Ionov, the founder of the NGO, called the Anti-Globalization Movement, began raising money for Butina through a fundraising website that says all proceeds will be “used to finance legal protection and to improve the conditions of Maria’s detention in prison.” The website was first discovered by freelance journalist Dean Sterling Jones. To date, Ionov has raised about 2 million rubles (approximately $30,000) to help pay her legal fees, he told me in a recent interview. The Russian embassy, which has been advocating for Butina’s release, did not return a request for comment.

Click here to read the full story.

Via “New Details Revealed About a Mysterious Russian Who Funds Maria Butina’s Defense” by Tana Ganeva, Raw Story, March 20, 2019:

Maria Butina, the Russian woman who’s alleged to have infiltrated gun rights and conservative circles to sway the outcome of the 2016 election, is still in custody awaiting her sentencing. She’s been in jail since July. According the Washington Post, Butina is cooperating with authorities

Ionov is raising money for Butina’s defense through a group called the Anti-Globalization Movement. The website, peppered with glossy photos of Butina, purports to tell “Maria’s story.”

“Help me change my situation,” it reads in Russian.  Freelance journalist Dean Sterling Jones first unearthed the site and detailed Ionov’s history and potential Kremlin ties.

Writing on his blog Shooting the Messenger, Jones observes that the group that’s hosting the site for Butina’s legal bills got a Russian presidential grant of 3.5 million rubles (approximately $53,000) to bring members of Texas and California secessionist groups to a Russian conference in September of 2016.

Click here to read the full story.

Investigate Russia and Law & Crime also picked up the story.

Update, via “Here are all the Russian interference efforts that didn’t make it into Barr’s letter” by Casey Michel, ThinkProgress, March 27, 2019:

Special counsel Robert Mueller may not have found the Trump campaign colluded with Russia, but plenty of Americans — wittingly or otherwise — have helped Moscow’s election meddling efforts in recent years. Secessionists, Jill Stein and her campaign, and members of groups organized around gun rights and far-right Christian movements have spent the past few years cultivating ties with those close to the Kremlin and using their platforms to promote Russia-friendly ideas.

None of these groups were mentioned by Attorney General William Barr, who issued a letter on Sunday confirming that Russia conducted coordinated campaigns to interfere in America’s elections…

Russian cultivation of American secessionists — for example, groups who look back fondly on the days of the Confederacy or advocate for states separating from the U.S. to form their own country — date back to at least 2014, in the midst of the Kremlin’s attempts to disintegrate Ukraine. Multiple conferences held in Moscow in 2015 and 2016 brought separatists from places like Hawaii and Puerto Rico to Russia, gathering supporters with other secessionists from Italy and Spain. They were hosted and feted by Alexander Ionov, the head of an organization called the Anti-Globalization Movement of Russia (AGMR)…

Ionov, meanwhile, has been busy. Not only has be apparently gained more cachet in Moscow — he recently had a meeting with the Venezuelan ambassador — but as journalist Dean Sterling Jones recently uncovered, he’s been helping raise money for Russian agent Maria Butina.

Twofer

— The Daily Beast publishes article featuring two Shooting the Messenger scoops

source

I recently blogged these Donald Trump-related scoops:

1. The Felix Sater Files (Parts I and II), about how former Trump business partner Felix Sater apparently registered a number of crude domain names intended to disparage Sater’s Bayrock Group colleague Jody Kriss. Published: August 26, 2017.

2. Kriss-Krossed, about how Donald and Ivanka Trump were once named as co-defendants in a lawsuit against Bayrock initiated by Jody Kriss. Published: August 22, 2017.

Via “Trump Pal Bought IAmAF**got.Com and VaginaBoy.Com, Then the Sites Attacked His Enemy” by Betsy Woodruff, Katie Zavadski, and Ben Collins, The Daily Beast, August 29, 2017:

Sater used his email and office address to register websites including IAmAFaggot.com, IAmADirtbag.com, several variations of FecalBoy.com and FecalMatter.info, CuntMan.net, Blackmailer.net, VaginaBoy.com, and dozens of other crudely named domains.

While registered to Sater, some of those sites attacked Jody Kriss, Sater’s former business associate. The two used to work together at the Trump Tower-headquartered real-estate firm Bayrock, where Kriss served as a finance director until he left the company and sued them for money laundering, according to Bloomberg. Donald Trump was initially targeted in court by Kriss, as well.

Sater’s email and office address were used to register more than a dozen domain names relating to Kriss. Those sites then attacked Kriss for a lawsuit mentioning the Trump family, among others. That’s according to records The Daily Beast discovered using the domain analysis site DomainTools, which tracks changes in official domain registrar databases.

[…]

Kriss and others filed a $1 billion New York state lawsuit another [sic] against Bayrock, Sater, and others in May 2013, over the alleged concealment of Sater’s 1998 racketeering conviction. Donald and Ivanka Trump were also listed on the suit as a type of defendant; the plaintiffs asked the judge to find whether they might also be owed declaratory relief. The Trumps were dropped from the suit three weeks later.

The story was also picked up by Raw Story, MarketWatch, Digg, and others.

Update, 01/09/2017: Last month I sent the above story to a reporter at The Daily Beast. I wasn’t credited on the article, so yesterday I sent an attribution request to executive editor Noah Shachtman, who told me that Daily Beast reporter Ben Collins found this story independent of me, and that the similarities between the two stories are coincidental.