Thursday, January 26, 2012

Kristen Herwitz Blogher Publishing Network. Blogher Blogs, Blogher Copyright Issues. Kristen Herwitz, Elisa Camahort, Lisa Stone, Jory Des Jardins, Blogher.

Kristen Herwitz Blogher Publishing Network Beef with Investigative Blogger Crystal L. Cox

Kristen HerwitzBlogpaws, Blogher Advertisers, Blogher Publishing Network,Online's Women's Network, BlogPaws Publishing Networks, Blogher Editor, Elisa Camahort, Lisa Stone, Jory Des Jardins, Blogher Framing.  Got a Tip on Kristen Herwitz, Blogher or anything on this post?

Email your Kristen Herwitz Blogher Publishing Network., tip to Crystal@CrystalCox.com

A bit about BlogherKristen Herwitz, Copyright Laws, Website and Blog Framing, Blogher Making Money from the product of others work, their entire sites and network.  And yet covet their own material as if it is worth more then the thousands of pages of content they use to put their ads on that is Other People's life work.

Blogher Says about Bloghher Advertising "Partner With the Most Influential, Social and Info-Savvy Women Online."  I say not so much social, info-savvy but content stealing and using others writing for free on their blogs to create Blogher content for them to post google ads and other advertisers, making money over and over from YOUR Content. Even if Blogher pays you once for an article, Blogher makes money from that Blogher Content over and over.

You are better off to post your content on your blog instead of Blogher, and set up your own Google Adsense or commission junction site, or other affiliates. And it is best for you to encourage others to re-post your content and give you a link back. Blogher does not want your content shared on other blogs, this is greed based and not about getting attention to HUGE issues such as Human Trafficing.

Blogher claims to have an ad network of 3,000 bloggers, yet do they pay them all or get them to write for free, and also frame the sites of others? And by this I mean Blogher frames the sites of others who are in the news, trending such as me Crystal Cox Blogger, so they can redirect traffic that my blog may get and get that traffic to their site. Blogher also uses my name to get traffic in writing stories about me because I am trending online, and then had a hissy fit and threatens legal action if I repost one of their post, though they illegally "Frame" My entire blog within their pages.

Blogher Editors, nor Blogher Legal Counsel asked my permission to "Frame" My site yet they did it anyway.

Blogger Counsel Kristen Herwitz claims that its standard of practice somehow for Blogher to frame other people's sites thing is that is stealing and copyright infringement BIGTIME.  Blogher now has framed hundreds of my blogs from CrystalCox.com - and every where that is linked from that site.  Blogher gets ad dollars and traffic to their site from using my site framed.  And when Blogher writes about you and links to your site they frame it.  I re-post a human trafficking story to support Blogher and to get traffic to their site and link to them and they cry copyright infringement, when they have used my name to post stories as I was "trending" and they illegally use thousands of my posts as content to get them webs traffic and ad dollars.

Even my YouTube Videos, my YouTube Channels, Hundreds of my Blogs accessed via CrystalCox.com are now ad revenue for Blogher.com - that is not FAIR to me and yet they threatened me simply because I quoted a paragraph from their site and linked to them, ON a Human Trafficing STORY? WTF ?


The Video Below is How Blogher Uses "Framing" to get revenue for them without paying those
who create the "Content".


Does Kristen Herwitz of Blogher Publishing Network know the Laws? Or is Blogher the only one that "Revenue", "Rights" and web traffic pertains to.


Kristen Herwitz, Blogher Publishing Network.




A Bit About the "Framing" Issue


Kristen Herwitz, Legal Counsel for Blogher says  "BlogHer employs a very common framing mechanism"  well re-posting articles is also "Common" yet she threatens me, and Framing is not legal or ethical from my research on the topic. 

"Framing. Framing is the process of dividing a Web page into separate framed regions and displaying the contents of someone else's site within a frame at your site. Generally speaking, site owners don't like having their content framed at another site, particularly without permission. At least one court has considered framing to be copyright infringement."
http://www.nolo.com/legal-encyclopedia/getting-permission-publish-ten-tips-29933.html

"If you set your website up with frames, and display an ad in one frame while someone else’s Website is being displayed in the other, the area gets very gray. You are effectively pocketing ad revenue for displaying the work of others. I would not want to be the one on the defendant side of one of these suits, because the resulting page may be considered a “Derivative Work.”
Source
http://www.theegglestongroup.com/writing/crlaw.php

"What about framing content from another Web site on my own site; that's permitted -- isn't it?
Framing is presumptively illegal. The owners of many Web sites don't want their content to be "framed" on another site for a number of reasons, including the fact that they sometimes have advertisers whose ads aren't visible when their content is framed somewhere else. When you "frame" someone else's site, you also give the impression, at least to the casual viewer, that the other site's content originated with you. Again, the best policy is to ask the proprietor of the other site for permission before framing his content on your page. While he might refuse permission, or place some conditions on your doing so, better to give credit where credit is due than to get a "cease and desist" letter and/or demand for monetary damages from his lawyer."

Source of Above Quote
http://www.csusa.org/face/softint/myths.htm#framing

What does WIPO say about "Framing"
"g) Some Internet practices may raise trademark issues, such as metatagging, linking & framing, and using trademarks in domain names (see below). You should be careful to check the law that applies to your business on this issue and to ensure that you have permission to show trademarks owned by other companies, if the law requires it."
http://www.wipo.int/sme/en/documents/business_website.htm

And what state laws do Blogher get to use to decide if framing is LEGAL for them?  If I am based out of Montana and they are Based out of California and they steal my entire blog content to direct traffic to them, without my permission, what state laws apply?

More links on the act of FRAMING to use My Work for Blogher.com to make ad dollars
I intend to Sue Blogher for Framing my Blog as in this CNN Lawsuit,

"Framing is the process of dividing a Web page into separate framed regions and displaying the contents of someone else's site within a frame at your site. Generally speaking, site owners don't like having their content framed at another site, particularly without permission. At least one court has considered framing to be a copyright infringement, and in another case, CNN sued a news website that framed CNN news content. Under the terms of a settlement agreement, the news website agreed to stop framing and instead use text-only links."
Source of above Quote
http://www.garage.com/resources/reference/internet_tentips.shtml

Blogher Frames Our Blogs without Blogher asking our Permission to make ad dollars, revenue from our content and they do it to a whole lot of you.

"Framing is dividing a webpage into sections that display the contents of someone else's website within the sections on your website. Avoid framing others' material without first getting their permission. Courts have started to rule that framing constitutes copyright infringement."
Source of Above Quote
http://smallbusiness.findlaw.com/copyright/copyright-realworld/website-content-permission.html

"Incorporating copyrighted web content by usage of framing has led to contentious litigation. Frames can be used for web pages belonging to the original site, or to load pages from other sites into a customized arrangement of frames that provide a generalized interface without actually requiring the viewer to browse the linked site from that site's URLs and interfaces."
Source of above quote
http://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing

"Framing occurs when one Web site incorporates another site’s web pages into a browser window with the first site’s own content. The webite with the frame may post navigation tools, text, trademarks and/or advertising that the framed website is unable to control.

As more of the second site is incorporated into the first, the possibility that users may become confused over affiliation, endorsement or sponsorship becomes stronger. On the other hand, it may be that the marketplace understands frames for what they typically are–simply a way to feature another site which conveys no implication of affiliation or endorsement.

The unauthorized use of framing has been challenged under a variety of legal theories, including copyright and trademark infringement, unfair or deceptive trade practices, false designation of origin (passing off), false light and false advertising.

The Washington Post Co. v. Total News, Inc. et al., No. 97 Civ. 1190 (S.D.N.Y. Feb. 20, 1997). Various news organizations sued Total News for linking to plaintiffs’ websites and framing their content within the Total News home page. Plaintiffs alleged claims for misappropriation, federal trademark dilution, trademark infringement, false designation of origin, copyright infringement, and various state claims.

The case settled in early June 1997 based on defendant’s agreement to stop framing content from plaintiffs’ sites. See also Order, Washington Post v. Gator Corp., No. 02-909-A (E.D. Va. 2002) (granting temporary injunction preventing Gator from delivering pop-up ads to plaintiffs’ websites that allegedly altered the intended appearance of the websites, interfered with the Web site operators’ ability to sell their own ads, decreased the value of these ads on the sites and misled users. The suit was settled with the outcome sealed by the court). See http://news.com.com/2100-1023-983870.html.

Futuredontics Inc. v. Applied Anagramic Inc., 45 U.S.P.Q. 2d 2005 (C.D. Cal. 1998). Plaintiff alleged that defendant’s website, which framed content from plaintiff’s website, constituted copyright infringement. Defendant’s motion to dismiss was denied, where the court was unpersuaded by either party’s reliance on prior case law.

Plaintiff relied on Mirage Editions Inc. v. Albuquerque A.R.T. Co., 856 F.2d 1341 (9th Cir. 1988) for the position that the framing constituted the infringing creation of a derivative work. Defendant relied on Lewis Galoob Toys Inc. v. Nintendo of Am. Inc., 964 F.2d 965 (9th Cir. 1992) for the position that no derivative work is created by framing, since no portion of the copyrighted work is incorporated in a concrete or permanent form. The court held that neither decision controlled."

Source of Above "Framing" information
http://ilt.eff.org/index.php/Copyright:_Infringement_Issues

We are about to see how expensive a Lawsuit can be in a "Framing" "Copyright" dispute as coming soon I will be filing a lawsuit against Blogher for "Framing" my Entire Blog Network and placing their ads on top, without my permission and I have over 400 Blogs.

Framing as an "Issue" Research Link
http://docs.law.gwu.edu/facweb/claw/Framing.htm

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter6/6-c.html

Fair Use Research Links

"Non-commercial use is often fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. For example, using the Bob Dylan line "You don't need a weatherman to know which way the wind blows" in a poem published in a small literary journal would probably be a fair use; using the same line in an advertisement for raincoats probably would not be."
http://www.nolo.com/legal-encyclopedia/fair-use-rule-copyright-material-30100.html

http://www.investigativeblogger.com/ has no ads, and is not commercial really so fair use does not even seem to apply.  I was getting a massively important issue heard on my investigative blogger network. This blog does not "COMPETE" with the source site Blogher, yet Blogher competes directly with me by framing my entire site and every blog I have linked from it
http://www.blogher.com/frame.php?url=http://www.crystalcox.com

Much more coming on this Topic, on the Human Trafficking article and how "Blogher" operates their business in such a way as to use thousands of pages of other people's content, even if you have a youTube video that they cannot embed  framing it makes this video on your blog, their "Content" in which they have ads on in the upper left and a link to Blogher, and their logo as if it is their site.  Yet Blogher, Kristen Herwitz threatens me for quoting a small post on a MAJOR issue, and linking to the source post on their site.  Stay Tuned, as I now have a very big beef with Blogher and looks like we are all going to sue each other, will let you know how it works out.  Should be filed in Belmont San Mateo County, California where Blogher is based.

Kristen Herwitz Blogher Publishing Network.