From: Steve Silver

To: editor@asiansexgazette.com

Cc: abuse@asiansexgazette.com

Sent: Thursday, August 24, 2006 11:18 AM

Subject: Copyright violation

 

To whom it may concern:

 

Your website has put up the full text of my article:

 

http://www.asiansexgazette.com/asg/japan/japan05news74.htm

 

I did not grant your website permission to reprint this article, and you are therefore engaged in a copyright violation. I have not and will not grant permission for my article to be reprinted on any websites that also have advertisements for pornography. Therefore, I ask that you remove the full text of the article immediately. 

 

Fair use allows for a brief excerpt of the article and a link to the article on the Japan Times website. You are legally entitled to print an excerpt and a link, but you are not legally entitled to reprint the full article without my permission.

 

I look forward to your prompt response to this request.

 

Sincerely,

Steve Silver

 

 

From:   editor@asiansexgazette.com

Date: August 26, 2006 11:24:06 PM JST

To:        Steve Silver

 

Mr Silver,

 

    We apologize for any misunderstanding about the propriety of this article.  Indeed it is the property of Japan Times.  You correctly cite fair use and educational value for our use of your article - which we trade with Japan Times.  Your article is valuable and should be as widely avilable as possible - for educational and informational purposes.

 

    Yet the Japan Times does not allow access to their 'archive' freely.  Thus the information is not available to readers, researchers, academics, students and other intersted parties.  This is the reason we run the story in full, so that it is avialable in full - for free - forever.

 

    If you as the author would still like us to remove the piece, we will to honour journalistic standards - but we implore you toconsider the alteratives - dissinformation, information for money and lack of press freedom.  Your work is appreciated - and it should reach as many people as possible.  If Japan Times allowed the 'link back' option you suggest under fair use, we'd use it.  But they don't.  We want as many peple as possible to read the article.  That is journalism.

 

With best regards,

 

William Sparrow

Editor in Chief

Asian Sex Gazette

 

 

From: Steve Silver

To: ASG Editor

Sent: Saturday, August 26, 2006 11:02 PM

 

Mr. Sparrow:

 

It is not the property of the Japan Times. It belongs to me. The Japan Times had first publication rights.

 

I find it ironic that you would want to publish my piece on sex trafficking on your site, a site which promotes pornography.

 

You have the right to place a link and a small except of the piece on your site, and you have the right to link to the article on the Japan Times or on my blog. The Japan Times does indeed allow the linkback option (once the user signs up for the free registration). You do not have the right to publish it in its entirety without my permission. As I stated before, I will not give permission for my piece to be published on any site that promotes pornography. 

 

Sincerely,

Steve Silver

 

 

From:   editor@asiansexgazette.com

Subject:         Re: Copyright violation

Date: August 27, 2006 5:59:30 PM JST

To:        Steve Silver

 

Mr Silver,

 

    Please send us the link to the story on your site and we will link to it there as it is unavailable on Japan Times (which is exactly the reason we reprinted it in full).

 

    As to what you find ironic about Asian Sex Gazette, you obviously only had a cursory look at our site.  We cover all matters of human sexuality in Asia.  Sometimes these are 'positive' things like women's rights, gay rights and positive Asian sexual health trends.  Unfortunately sometimes the things we report on are 'negative' like forced prostitution, human trafficking or gender-based abortions...  But in either case, to claim that pornography is not a part of the subject matter of a forthright discussion of sex - whether positive (like the often wacky Japanese) or negative (like the religious arguments and riots in Indonesia over Playboy) - would simply be shortsighted and prudish.  Finally we do not promote pornogrpahy, and we ensure that all external links from our site do not link to any material that could be deemed pornographic.

 

Thanks for your comments.

 

Bill

 

 

From:   Steve Silver

Date: August 27, 2006 10:52:48 PM JST

To:        editor@asiansexgazette.com 

 

Mr. Sparrow:

 

What I object to on your site has nothing to do with the articles or reportage.

 

On your site there is advertising with links to [sites removed] -- all of which are pornographic sites. 

 

If that isn't promoting pornography, then I really don't know what is. []

 

However, as long as there are porn ads on your site, I will not grant reprint rights, and you will be restricted to fair use guidelines, which is a link and a short excerpt.

 

Sincerely,

Steve Silver

 

 

From:   Steve Silver

Date: August 29, 2006 9:54:36 AM JST

To:        editor@asiansexgazette.com

 

Mr. Sparrow:

 

I checked again today and my article is still displayed in full on your site.

 

You are not authorized to republish the article, and I will not authorize you to do so as long as there are porn ads on your site. Please remove the full text of my article.

 

I look forward to your prompt response.

 

Sincerely,

Steve Silver

 

 

From:   editor@asiansexgazette.com

Date: August 30, 2006 2:49:21 AM JST

To:        Steve Silver

 

Mr Silver,

 

    The article in question and in further reference to our previous communications has been updated to comply with Fair Use standard for online media pursuant to US Copyright Law, UCC and various treaties governing our differing and overlapping jurisdictions in East Asia.

 

    We thank you for alerting us to the oversight on our internet property and your patience while we worked to comply.

 

    While we disagree with your editorial opinions and trade practices regarding our publication, we feel you are entitled to those views and that is your right.  In the future should you find you have material - either Fair Use or for Freelance/Paid submission - we would be happy to consider any submissions you may have.

 

Many thanks and best regards,

 

William Sparrow

Editor in Chief

Asian Sex Gazette

 

 

From:   Steve Silver

Date: August 30, 2006 9:45:09 AM JST

To:        editor@asiansexgazette.com

 

Mr. Sparrow:

 

Thank you for complying with my request. In the future, I would advise you to seek permission from those writers whose works you wish to republish on your site.

 

With regard to submitting any work, I will not do so as long as you have porn ads on your site. 

 

Sincerely,

Steve Silver