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« Ishaqi | Main | Times Smear »

June 3, 2006

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Yon V Shocked

By Greyhawk

Looks like Shocked Magazine has sent a clear message to Mike Yon - and that message seems to be "bring it on":

...when I learned of this blatant infringement of my copyright on that photograph, I issued an immediate statement clarifying that I had not given anyone authorization for this use, and never would have allowed an image which I've called 'sacred to me' to be used in a flagrant attempt to profit from discrediting and demonizing American soldiers. What outraged me the most is how the timing of this launch coincided with the Memorial Day weekend, putting 300,000 copies of a slick attack on the very same soldiers Americans were honoring across the country. I am so disgusted with what they did with that image, which to me symbolizes the true nature of our military, that I demanded the publisher take it off the shelves.

HFM not only refused, they intimated in writing that they may have a claim against me for defamation based on the complaints they received from third parties about their unauthorized use of my photo.
<...>
Like most illegal usages, this only came to my attention after readers found it. Once I began trying to clear my name, several bloggers wrote about it and published contact information to the publisher, who began getting a flood of complaints. That's when the publisher turned around and threatened me, in writing, with a defamation lawsuit. That's no misprint: they took my property, used it a vulgar way, further dishonored our military and our country by timing their inaugural launch to Memorial Day weekend, and then, when some patriotic bloggers dared to call them to complain about it, they threatened me. People who go into business deliberately seeking to offend and insult others should probably get used to complaints.

Based on Yon's description of the rag, stealing content is probably their method for offering a product advertisers wouldn't be caught dead in at a price that it's "target demographic" can afford.


Posted by Greyhawk / June 3, 2006 10:20 AM | Permalink

2 TrackBacks

Shock not awesome from The Cranky Insomniac on June 3, 2006 5:20 PM

Given that its inaugural issue apparently had only five advertisements in it, I don't think Shock will be around very long. The magazine game is tough enough for periodicals that have plenty of ads, let alone those that depend strictly on sales. But ... Read More

Shock not awesome from The Cranky Insomniac on June 3, 2006 5:48 PM

Given that its inaugural issue apparently had only five advertisements in it, I don't think Shock will be around very long. The magazine game is tough enough for periodicals that have plenty of ads, let alone those that depend strictly on sales. But ... Read More

8 Comments

Michael Yon wants his picture used only for certain kinds of propaganda. I'm not a lawyer, but it seems to me that his beef is with Polaris, not the magazine.

WW:

Yon clearly states that he has "no relationship with Polaris Images and never authorized them to distribute my work," so I don't see how you come by that opinion.

WW - Have you even read about the story behind the picture? I suggest you do, before making more of an ass of yourself on this issue. Your hatred and ignorance of the military clearly shows.
*****
"Major Mark Bieger found this little girl after the car bomb that attacked our guys while kids were crowding around. The soldiers here have been angry and sad for two days. They are angry because the terrorists could just as easily have waited a block or two and attacked the patrol away from the kids. Instead, the suicide bomber drove his car and hit the Stryker when about twenty children were jumping up and down and waving at the soldiers. Major Bieger, I had seen him help rescue some of our guys a week earlier during another big attack, took some of our soldiers and rushed this little girl to our hospital. He wanted her to have American surgeons and not to go to the Iraqi hospital. She didnt make it. I snapped this picture when Major Bieger ran to take her away. He kept stopping to talk with her and hug her."
*****

Look, I'm not a lawyer, so that's who'll have to sort it out. My point was that the magazine says they bought the photo from Polaris. If that's true, then I'd think it's Polaris, not the magazine, that stole it. Yon's complaint makes it clear that he wants his pics used only for pro-war propaganda, which given his copyright would seem to be his prerogative.

Seems to me that it hinges on whether or not the magazine bought the pic in good faith.

Maybe both Yon and the magazine should sue Polaris. Yon for stealing the pic, and the magazine for selling them stolen goods.

No WW, even if the magazine bought it in good faith from Polaris, once informed that they didn't have proper authorization to use it the are responsible to act accordingly (in this case, secure permission from Yon or withdrawl the product containing the picture from the market). They did neither of these things.

If I by a car that had been stolen, I can avoid trouble if I honestly didn't know it was stolen and then give it back. If I continue to drive it around insisting it was mine, I'd be in trouble. HFW should have with withdrawn the magazine from the market and sued Polaris for damages, but instead they are driving around in a stolen car.

Sounds like one for the lawyers. Sounds like Yon just wants to squeeze some cash out of someone, which makes him a good American at heart.

Ownership of a Photo it a matter for lawers but accusations of Warcrimes should be tried in the court of Public opinion? You never cease to amaze, WW.

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November 26, 2010


America@war
[Greyhawk]
I think anyone who's ever pondered the "comment" option - once only available on blogs and bulletin boards, now ubiquitous on almost any web site - will appreciate this:
The so-called faculty of writing is not so much a faculty of writing as it is a faculty of thinking. When a man says, "I have an idea but I can't express it"; that man hasn't an idea but merely a vague feeling. If a man has a feeling of that kind, and will sit down for a half an hour and persistently try to put into writing what he feels, the probabilities are at least 90 percent that he will either be able to record it, or else realize that he has no idea at all. In either case, he will do himself a benefit.

That's wisdom from the past, captured for posterity at the US Naval Institute, shared via the web on the institute's 137th anniversary.

From their about page:

The Naval Institute shall remain

INDEPENDENT - A non-profit member association, with no government support, that does not lobby for special interests;

NON-PARTISAN - An independent, professional military association with a mission, goals and objectives that transcend political affiliations; and shall encourage

IDEAS - Through its respected journals Proceedings and Naval History, its conferences, its books and its online content, in support of those who serve.

"The Naval Institute has three core activities," among them, History and Preservation:

The Naval Institute also has recently introduced Americans at War, a living history of Americans at war in their own words and from their own experiences. These 90-second vignettes convey powerful stories of inspiration, pride, and patriotism.

Take a look at the collection, and you'll see it's not limited to accounts from those who served on ships at sea, members of the other branches are well-represented.

I'm fortunate to have met USNI's Mary Ripley, she's responsible for the institute's oral history program (and she's the daughter of the late John Ripley, whose story is told here). She also deserves much credit for their blog. ("We're not the Navy nor any government agency. Blog and comment freely.") We met at a milblog conference - Mary knew (and I would come to realize) that milbloggers are the 21st-century version of exactly what the US Naval Institute is all about. Once that light bulb came on in my head, I mentioned a vague idea for a project to her - milblogs as the 21st century oral history that they are.

"Put that in writing," she said (of course - see first paragraph above!) - and here's part of the result.

Shortly after the first tent was pitched by the American military in Iraq a wire was connected to a computer therein, and the internet was available to a generation of Americans at war - many of whom had grown up online. From that point on, at any given moment, somewhere in Iraq a Soldier, Sailor, Airman or Marine was at a keyboard sharing the events of his or her day with the folks back home. While most would simply fire off an email, others took advantage of the (then) relatively new online blogging platforms to post their thoughts and experiences for the entire world to see. The milblog was born - and from that moment to this stories detailing everything from the most mundane aspects of camp life to intense combat action (often described within hours of the event) have been available on the web...

And et cetera - but since you're reading this on a milblog, you probably knew that. And you know that milblogs aren't just blogs written by troops at war, that many friends, family members, and supporters likewise documented their story of America at war online in near-real time, as those stories developed.

The diversity in membership of that group is broad, the one thing we all have in common is the impulse to make sense of the seemingly senseless, and communicate the tale - for each of us that impulse was strong enough to overcome whatever barriers prevent the vast majority of people from doing the same. Everyone at some point has some vague idea they believe should be shared - we were the people who, from some combination of internal and external urging, found and spent those many half hours persistently trying to write it down.

*****

But where will all that be in another 137 years? Or five or ten, for that matter. That's something I've asked myself since at least 2004 - when I wrote this:

Closing Blogs is nothing new. So many site's owners just give up on their own. They come and go, you know, these MilBloggers do. Like any other sort of blogger. Many post in the lonely down hours far from home, spill their guts for the world, then abandon their spots when the tour of duty is up. They have lives again somewhere in the world, and no need to share the details. So it goes.

Many are truly gone - no site left at all. "The page cannot be found." Other blogs remain, like abandoned defensive positions in shifting desert sands.

Membership in the ghost battalion has grown in the years since, and an ever growing majority of those abandoned-but-still-standing sites are vanishing. Have you checked out Lt Smash's site lately? How about Sgt Hook's? If you're a long-time milblog reader you know the first widely-read milblog from Operation Iraq Freedom and the first widely-read milblog from Afghanistan are both gone from the web. If you're a relative newcomer to this world you may never even have heard of them - or the dozens upon dozens of others who carried forth the standard they set down.

If you have a vague notion that something should be done about that, (a notion I've heard expressed more than once...) then you and I and the good folks at the US Naval Institute are in agreement. Preserving the history documented by the milbloggers is just one of the goals of the milblog project, the once-vague idea that we're now making real.

And it's a big idea, if I say so myself - too big to explain in one simple blog post, so stand by for more. Likewise, it's too big a task to be accomplished by just one person. So if you're a milblogger (and exactly what is a milblogger? is a topic for much further discussion on its own) I'm asking for your help. All I'll really need is just a little bit (maybe just one or two of those half hours...) of your time, and your willingness to tell the tale.

We've already made history, it's time to save it.

(More to follow...)




Posted 4:02 PM | Permalink | Comments (0) |

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The Mudville Gazette is the on-line voice of an American warrior and his wife who stands by him. They prefer to see peaceful change render force of arms unnecessary. Until that day they stand fast with those who struggle for freedom, strike for reason, and pray for a better tomorrow.
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  • Deamon: Ownership of a Photo it a matter for lawers but read more
  • WW: Sounds like one for the lawyers. Sounds like Yon just read more
  • chthus: No WW, even if the magazine bought it in good read more
  • WW: Maybe both Yon and the magazine should sue Polaris. Yon read more
  • WW: Look, I'm not a lawyer, so that's who'll have to read more
  • Michael in MI: WW - Have you even read about the story behind read more
  • The Cranky Insomniac: WW: Yon clearly states that he has "no relationship with read more
  • WW: Michael Yon wants his picture used only for certain kinds read more

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The Mudville Gazette is written and produced by Greyhawk, who recently retired from 24 years of active duty in the US military, but will maintain this disclaimer: Unless otherwise credited, the opinions expressed are those of the author, and nothing here is to be taken as representing the official position of or endorsement by the United States Department of Defense or any of its subordinate components.

Furthermore, I will occasionally use satire or parody herein. The bottom line: it's my house.

I like having visitors to my house. I hope you are entertained. I fight for your right to free speech, and am thrilled when you exercise said rights here. Comments and e-mails are welcome, but all such communication is to be assumed to be 1)the original work of any who initiate said communication and 2)the property of the Mudville Gazette, with free use granted thereto for publication in electronic or written form. If you do NOT wish to have your message posted, write "CONFIDENTIAL" in the subject line of your email.

Original content copyright © 2003 - 2011 by Greyhawk. Fair, not-for-profit use of said material by others is encouraged, as long as acknowledgement and credit is given, to include the url of the original source post. Other arrangements can be made as needed.

Contact: greyhawk at mudvillegazette dot com

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*****

Tending Distant
Fires


Far from hearth and home, watching
Cold alone but not alone
On distant shore and only wanting
Safe return and little more

What tales we'll tell
When that time comes
When tales can be told

When things grim
Seem far away
When other fires go cold

Some distant sunset, vision fading
Memories remain
And tired eyes gaze 'pon folded flags
While distant drums beat their refrain

Saluting fallen friends whose names
And youth will never fade
Here's to those on other shores,
for them live well, the price is paid

- Greyhawk,
Baghdad,
December 2004