Newspaper Pretends It Can Block Fair Use And Threaten Those Who Say It Can't

from the nice-try dept

We recognize that some of the finer points of copyright can be confusing (or are disputed), but some things are pretty clear. Fair use, for example, does exist and cannot be denied by the owner of copyrights (even if they'd like to pretend they can). The latest example of this is pointed out by David Levine, who links to a blog post from legal expert Eugene Volokh ripping apart the claim of an "investigative report" publication who puts "This article is copyright protected and Fair Use is not applicable" at the bottom of all their articles. It also says: "In accordance with Fair Use of Copyright: WE FORBID ANY REPRODUCTION in part or in whole..." As Volokh notes, unfortunately, you can't just make up the law in your favor. Fair use isn't at the whim of the content owner, and it's not in accordance with fair use to deny "any reproduction." Volokh found out about the site from David Giacalone at Harvard's Berkman Center. Giaclone discusses more problems with the legal language the site uses, while noting that it's especially worrisome since the site fights for legal reform. However, the most ridiculous part of the whole thing is that when Giaclone (a retired member of the bar in two areas) points these things out to the editor of the site, she responds by calling him "an ass," saying that the site would be giving him "some publicity" and accusing him of "practicing law without a license," for which the publication's lawyer and the state Attorney General would be alerted. All this for pointing out that their legal disclaimer isn't actually binding? And we wonder why some people have trouble dealing with the finer points of copyright law...


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  1.  
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    smokebreak, Oct 24th, 2006 @ 12:41pm

    ohhhh my first....... my cherry has been popped :)

    All I can say is with the way copyright and fair use are being interpreted in this country......just give me my eyepatch, wooden leg, and let me say "arrrrgh" :)

     

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  2.  
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    Anonymous Coward, Oct 24th, 2006 @ 12:50pm

    Re:

    For your first, you could have tried a little harder. C-

     

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    rijit (profile), Oct 24th, 2006 @ 1:07pm

    Seen it before.

    I have seen these notices on several "hometown newspaper" sites.

     

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  4.  
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    SPR, Oct 24th, 2006 @ 1:18pm

    Just one more example of the news media (particularly print) thinking they are not only above the law, but they think they can amend the laws and create new ones to suit their own evil desires.

     

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  5.  
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    smokebreak, Oct 24th, 2006 @ 1:28pm

    I Know, I know......

    Im Sorry anon....I really wasn't trying too hard. After all I am at work and have very little sleep. I'll do better after about 8 full hrs in bed.....

    your just mad cause you wern't there first :)

     

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  6.  
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    itanshi, Oct 24th, 2006 @ 1:28pm

    this interests me and i have a question

    Say someone made a work of fiction say a free, not for profit story derivative or based upon an existing published work of fiction. If the creator of the published work denies the fair use implication of the derivative work, does this block fair use?

    I suppose the question is, is the derivative story fair use? I'd like to think it is.

    So if the original denies the derivative, is this right or fair?

     

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  7.  
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    Alex Hagen, Oct 24th, 2006 @ 1:28pm

    Nutcase

    Actually, from reading the comments at http://www.volokh.com/posts/1161634828.shtml it is pretty clear the editor (June Maxam) is just a complete psycho nutcase.

    A link where she was convicted of false accusations:
    http://decisions.courts.state.ny.us/ad3/decisions/2003/12111.pdf

    She was also the self entitled "Associate JAILer-in-Chief, NY JAIL4Judges", a "quaint little organization that wants to put judges in prison because according to founder Ron Branson judges are part of the New World Order."

    http://www.google.com/search?hl=en&lr=&q=june+maxam+%22NY+jail4judges%22


    And has filed several crackpot lawsuits:
    Maxam v. Warren County et al, No.06-1012 (N.D.N.Y. filed Aug. 22, 2006) (Pro se complaint brought pursuant to §§1983, 1985, alleging pretty much everyone in the County has deprived the plaintiff of various Constitutional rights)

    Maxam v. Sheriff of Warren County Jail and New York State Attorney General, No. 04-491 (N.D.N.Y. Filed June 5, 2004) (Seemingly frivolous habeas petition alleging False Instrument conviction was obtained unlawfully) (Represented by lawyer, P.D. Theresa M. Suozzi).

    Maxam v. Warren County et al, No. 94-80 (N.D.N.Y. dismissed Apr. 4, 2004) (Civil action complaint, brought with the assistance of attorney Kirk M. Lewis).

    Yeah, she's just completely bonkers. Nothing to see here, move along.

     

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  8.  
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    Frank Booth, Oct 24th, 2006 @ 1:31pm

    finer points...

    And we wonder why some people have trouble dealing with the finer points of copyright law...

    This one appears to have trouble dealing with reality...

     

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  9.  
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    Sanguine Dream, Oct 24th, 2006 @ 1:33pm

    Not much of a strech

    If Corporate America can literally but the laws that they want then what's to keep a few publications from rewriting the law?

     

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  10.  
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    David Donahue, Oct 24th, 2006 @ 1:45pm

    If fair use is denied, how can i read the page?

    One of the non-blockable fair-use rights is the right for my computer to download published but copyrighted web pages into memory and into my page cache.

    None of this even touches on other more transient Fair-use rights such as my screen's ability to displayed copyrighted material already on my web browser, the right of routers and networking gear to relay countless portions of their content between my computer and their web server and finally the right of me to read and "know" what they said (making a copy of the observable copyrighted information into my brain).

    The above is an example of why Fair Use is inherent in all non-ridiculous interpretations of copyright law.

    Another problem is that their disclaimer is at the bottom of each page. Even if it were valid, it could reasonably be argued that you read the content, then read the disclaimer, realized it was a contract that you weren't willing to agree to and stopped further reading. Then you used the parts of the document that weren't covered by it.

    The only thing that's good in their defence, is that you can pretty much say anything on your web pages, legally valid or not. So i suppose their "real position" is that if we say "no fair use" on every page it'll discourage people from exorcising their fair use rights and since that might increase subscription revenue, lets do it. They can always simply not sue anyone who ignores it.

    That's just the same as putting up a sign saying that "trespassers will be shot". It's OK as long as you don't actually shoot anyone.

     

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  11.  
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    Michael Haney, Oct 24th, 2006 @ 2:18pm

    Re:

    You bet ya me matey, we pirates gotta stick together.

    Arrrr!

     

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  12.  
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    Sysadmn, Oct 24th, 2006 @ 2:29pm

    Cheap barriers

    It appears she is a nutcase. However, as the old saying goes "A $5 sign is cheaper than a $500 lawyer." If the bogus notice keeps one person from copying, is it worth it even if the rest of us point and laugh?

     

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  13.  
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    ehrichweiss, Oct 24th, 2006 @ 2:36pm

    coincidentally...

    This is almost funny. Sunday I was browsing on a friend's computer and discovered that someone had taken an entire article word-for-word from our paper(I'm just the web developer now but I used to run 75% of the paper at one time from layout to distribution, only thing I didn't do was sell advertising..anyway..) and posted it in their blog. I asked them nicely not to quote the whole article and after me proving I was who I said I was, it ended fairly amicably and he quoted part of the article after I advised him that wasn't a concern for us.

    Now why more of these can't be resolved like this I can only guess is because people THINK they understand copyright and/or fair use.

    If you want to look at the WORST possible way that it could turn out you only need to look at the case of Island Records/U2(bastids..their music sucks ever since too) vs. Negativland. While what Negativland did wasn't entirely fair(it definitely pushed the limits of fair use), neither was U2 when they slapped a 110 page lawsuit on Negativland instead of a simple cease and desist. Eventually this was dropped but it cost Negativland $250k for U2's attorneys fees. U2 tried to blame this on Island but it was recently discovered that it was nothing more than a smokescreen as many of us had suspected....and U2's music started to suck right after that coincidentally....

     

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  14.  
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    Billy The Blogging Poet, Oct 24th, 2006 @ 6:05pm

    On Some Things

    Okay Mike,
    On that other post I still take the opposing view but in this instance you're 100% correct.

     

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  15.  
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    Gordon Firemark, Oct 24th, 2006 @ 6:53pm

    Chilling effect... regardless whether she's a crac

    The real trouble with crackpots is they can still file lawsuits. Defending such suits can be very costly.

    When the editor of a publication says "fair use rights do not apply", she's basically saying, 'if you use anything from our publication, we'll sue.... and it doesn't matter who's right or wrong... it'll cost ya!'

    Definitely enough to make you think... no?

     

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  16.  
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    Gordon Firemark, Oct 24th, 2006 @ 6:53pm

    Chilling effect... regardless whether she's a crac

    The real trouble with crackpots is they can still file lawsuits. Defending such suits can be very costly.

    When the editor of a publication says "fair use rights do not apply", she's basically saying, 'if you use anything from our publication, we'll sue.... and it doesn't matter who's right or wrong... it'll cost ya!'

    Definitely enough to make you think... no?

     

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  17.  
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    Alex, Oct 24th, 2006 @ 7:39pm

    fair use rights always apply

    the funny part of this really is, just because one company or person wants to interpret fair use, and try to enforce their own interpretation of it, doesnt mean it isnt going to cost THEM for wasting someone elses time.

    Actually, I think i'm going to go and fairly use anything I like on their site within my rights and then send them a notification.

    it will show them what I've "fairly used", and CLEARLY state that contacting me, with the intent of me investing time to consider what they say - amounts to them agreeing to be billed my standard rate of 125$CAD/hr.

    If they so much as waste 15 mins of my time (my smallest bill-able block), i will bill them for each block they use... and I will send collectors as well.

    Nice idea. thanks guys!

     

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  18.  
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    The Original Just Me, Oct 25th, 2006 @ 7:31am

    To: Gordan

    Actually, the only way I can be sure this is still a free country is that crackpots 'can' still file lawsuits.


    * And yea, I stole this line from at least two of Aaron Sorkin's TV shows.

     

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  19.  
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    fgc, Oct 25th, 2006 @ 8:37am

    really, if you want to keep people from fair use of your ideas, then perhaps you should keep that idea to yourself. that means don't publish it!

     

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  20.  
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    ogman, Oct 27th, 2006 @ 12:42am

    signing statement?

    I think she's just issuing her own signing statement, saying the law is there, but she'll ignore it thank-you-very-much. I mean, why not, since stupidity already just drips right off her whole page.

     

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  21.  
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    David Giacalone, Nov 22nd, 2006 @ 10:28am

    NCG Removes its Fair Use Disclaimer

    I just wanted to update the record and let you know that (as of Nov. 22, 2006) the clause "Fair Use is Not Applicable" is no longer being used in the copyright notice at the end of the North Country Gazette's articles. See Maxam's Gazette Removes Fair Use Disclaimer.

     

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  22.  
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    Anon101, Dec 28th, 2006 @ 6:03pm

    June Maxam = Nutcase

    After some very nasty emails from June Maxam, the Fair Use is not applicable clause showed up everywhere on her site.

    The article in question, supposedly lifted from her site, was one she'd lifted elsewhere (I think CNN), changed words in the first and last couple of paragraphs, then called it her own.

    Maxam was complaining about the original article appearing on my site, thinking I had lifted the text from hers instead of the source.

    (BTW: The text on my site matched the source, not the hacked text which appeared on the Maxam's site...)

    Every email received from this wacko mentioned all of the lawyers she knows (like the one just sentenced to prison in Ohio), and all of the nasty things she could do to make someone's life hell. Just a bunch of empty threats, and she finally went away, after she realized that all she'd get was a firm GFY from me.

    Her first email actually wanted money... I was supposed to pay her $500 (?) or some crazy/similar amount for her story...

    The funny part was, back when this occured, that I'd just passed by (one town over from her), but was 1200 miles away before receiving her first email. I'd have loved to have knocked on her door with her printed email threats in my hand, and...

     

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  23.  
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    charlie, Jan 3rd, 2007 @ 11:35am

    you are fruitcakes

    You are total morons. I hope she sues your asses

     

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  24.  
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    Heather, Feb 24th, 2007 @ 7:23am

    Nutty June Mazam

    I've received some nutcase emails from June Maxam, who likewise threatened to write editorials about me and my clients.

    I laughed and responded,

    "By all means, I'll simply release your nutcase emails."

    More threats followed.

    More laughter did also.

    That was the last of her. Must have found someone else to froth at.

     

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  25.  
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    Ann, Feb 24th, 2007 @ 12:24pm

    Newspaper? North County Gazette? I Don't Think So

    The North County Gazette appears to be nothing but a random collection of news you'll find anywhere else, thinly shrouding June Maxam's aluminum-foil-hat conspiracy theory articles.


    Just another waste of bandwidth and yet more clutter in google results.


    Someone do her (and everyone else) a favor and get a doctor to commit her someplace quiet with no connectivity...

     

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  26.  
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    Jerri, Feb 24th, 2007 @ 1:15pm

    He he... Maxam Doctrine, according to bottom of pa

    MAXAM DOCTRINE: In an extension to June Maxam's (North County Gazette) nutty interpretations of Fair Use of Copyright, WE FORBID ANY REPRODUCTION of any word, phrase, letter, character, color, texture, or combination of any letters, scents, characters, colors, or textures used or even remotely considered for use on Bad Cop News :)

    Evidently they've had less than pleasant dealings with Ms. Maxam.

     

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  27.  
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    June, May 4th, 2007 @ 1:27am

    NCG = Conspiracy Site - Proof

    New entry page for the North County Gazette HERE tells all :)

     

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  28.  
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    hornback12, Aug 19th, 2007 @ 1:17pm

    Re: you are fruitcakes

    june maxam also threatened to sue me. i posted on a board that she was convicted of perjury and harassing her neighbors. she told me that that was libel. she then proceeded to tell me that that conviction had been overturned. when i pointed out that the fact that the ruling had been overturned meant that she had been convicted in the first place, she told me that any other e-mails to her would be considered harassment. the internet is litered with people she has threatened to sue. the only thing stopping her is that she doesn't have a case

     

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  29.  
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    BCN, Nov 1st, 2007 @ 5:52pm

    June Maxam - She's Back...

    A man was unable to reach June Maxam's North Country Gazette site, got her eMail address using Google cache or something, emailed her, and the nutcase emailed back claiming she had reported him to the New York State Police, a bunch of federal agencies, and FBI (Everyone but God).

    He wrote:

    I cannot access your site during the day from work, I am typing ww.northcountrygazette.org and it goes to a hate site at www.badcopnews.com every single time. I was able to get to your site on Friday afternoon, but cannot now unless I am at home.

    I am limited to slow dialup at home, and would greatly appreciate your looking into this, as I can’t possibly be the only victim of whatever is taking place.

    Thank you,

    She Replied:

    As of this morning, complaints involving you and your message have been filed with the New York State Police Cyber Crimes unit, Ic3, FTC and the local office of the FBI. I am advised that the federal government is already investigating badcopnews and their operators and are monitoring them.

    Then she sends him a plea for help that she had intended to go elsewhere:

    I got this message today—any ideas what can be done? I think this is an email sent out to try and evoke a response from me. I wrote back and told him it was the first such complaint had had, wasn’t experiencing any problems with northcountrygazette.org and suggested he filed a complaint with ic3.gov. I do know that some fucker registed the domain name of northcountrygazette.net and has that redirected to badcopnews. I don’t what I can do to stop that. I own northcountrygazette.com so they can’t get that one.

    // Obviously, his woman has some personal issues that ought to be resolved.

     

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  30.  
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    daryll suzeman, Nov 13th, 2007 @ 7:48pm

    maxam the looney tune

    There is only one person she should sue-
    -the one person that really makes her look like a nutcase.
    And that person is...



    ...June Maxam

     

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  31.  
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    daryll suzeman, Nov 13th, 2007 @ 8:00pm

    Re: you are fruitcakes

    Do you personally know this certifiable lunatic?

     

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  32.  
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    daryll suzeman, Dec 26th, 2007 @ 4:32pm

    Re: you are fruitcakes

    Hi, June-
    Is Charlie a new alias?

     

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  33.  
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    BCN, Feb 5th, 2008 @ 11:12am

    Nutcase June Maxam - Now she's pissed.

    northcountrygazette.net hosts "2 Girls 1 Cup" video (Don't go there if you are eating!), and June Maxam flips out :) The FBI must be sick and tired of her rants...

    Text from her complaint:

    "The person registering the website of northcountrygazette.net has done so illegally, engaging in the unauthorized use of a registered business name and is using the website for harassment and cyberstalking purposes, posting pornographic images and video on a website under the domain name of northcountrygazette.net I am the registered owner of the business name and retain all rights to it. This is an illegal use of my business name and I wish the domain registration terminated. I have also submitted this matter to the FBI."

     

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  34.  
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    daryll suzeman, Feb 8th, 2008 @ 5:26pm

    looks like the looney toon is at it again

    The nutcase must have finally read my posts because she just
    blocked me (and I don't know how many others?) again.

    S'OK. I have another connection
    D.S.

     

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  35.  
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    Terry Martin, Feb 9th, 2008 @ 12:55pm

    Nutcase June Maxam's efforts against her hosting c

    An officer in Warren county, very familiar with Maxam, describes her as a "...lonely bitter old lady and she needs to find a hobby that doesnt include constantly f**king with strangers on the computer..."

    https://www.thepoint.com/campaigns/just-say-no-to-i-power-web

    “..the internet is littered with people she has threatened to sue.”

    Who is North County G? A Google search finds that June Maxam’s reputation is also scattered in tiny pieces about the globe. (Search for “June Maxam nutcase” et. al.).

    * She reported one of her blog readers to the FBI for daring to email her for help when unable to access her little blog.

    * She threatened to write editorials about one of her blog’s readers and that individual’s clients. (Who responded with “By all means, I’ll simply release your nutcase emails.”)

    * She enjoys threatening and harassing individuals via. email.

    * She harasses other websites with unfounded complaints if they are critical of her or her blog’s content.

    * She’s currently honored with one site’s “a**hole of the month” affixed with the quote “Just because she has a blog doesn’t mean she has a brain.”

    * She tried to completely re-write US copyright statute with a really silly footer on her blog.

    * She harassed another website which adopted a parody “MAXAM DOCTRINE” based on Maxam’s really silly footer, which forbid reproduction of every “..of any word, phrase, letter, character, color, texture…” appearing on that site. (LOL)

    Unfortunately I must withdraw my support of this campaign until a reputable individual heads the effort, preferably someone who has never seen the inside of a jail cell.

     

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  36.  
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    Terry Martin, Feb 10th, 2008 @ 12:12pm

    Nutcase Maxam's campaign crashes and burns

    June Maxam abruptly ended her campaign (above) and was last seen wandering aimlessly, tears in her eyes, a battered suitcase in one hand, and a bottle of Thunderbird in the other.

    But, no doubt, she will surface soon with a new effort to save the world/internet.

     

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  37.  
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    imconfused, Feb 13th, 2008 @ 3:04am

    Re: NCG = Conspiracy Site - Proof

    2 girls 1 cup???? What ever became of site everyone is talking about here and elsewhere? Is this all that is left?

     

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  38.  
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    daryll suzeman, Mar 20th, 2008 @ 4:42am

    is the looney tune's blog gone

     

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  39.  
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    daryll suzeman, Mar 20th, 2008 @ 4:44am

    is the looney tune's blog gone

    Ain't nothing there.
    We might not have June Maxam to kick around anymore
    -Daryll

     

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  40.  
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    Shuftin, Mar 22nd, 2008 @ 12:51pm

    June Maxam

    As a Moderator of http://policecrimes.org/ I received this e-mail from June Maxam on or about 13 Aug 2007. Shuftin is full of shit. The charges against June Maxam were reversed and dismissed. There is no conviction. He is engaging in lies, defamation and he also steals other people's work, strips off the headlines and bylines and makes them his own---or so he thinks. Shuftin has been reported to the FBI and U.S. Attorney's Office for impersonation and other federal cybercrimes for impersonating a person and engaging in internet harassment. His IP number was captured and enough supporting documentation has been turned over to his favorite police agency for prosecution. It's likely he will soon be proscuted.

     

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  41.  
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    tgreiner, Mar 27th, 2008 @ 12:59am

    northcountrygazette.org

    i could get to the sight your all talking about yesterday but if i follow links from google or url.com to northcountrygazette.org or type it I only get 403 forbidden Server configuration does not allow access to this page. i tried making account at url.com but that didn't help either. i can see text in cached on google but no pictures or anything. can anybody get there or is it already gone? thank you

     

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  42.  
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    Derek, Mar 27th, 2008 @ 4:47pm

    Down?

    Same here. It looks like the site is down or maybe they've discovered that by blocking everyone they can keep the pirates at bay. I check occasionally for local stuff, ignored anything with a funny odor, but they became more intent on posting regurgitated out of area stuff than local news.

    Work computers were excluded a months or so ago, then my phone, now at home too. It would be interesting to know if anyone get there besides Google.

    Interesting business model there folks.

     

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  43.  
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    daryll suzeman, Mar 28th, 2008 @ 6:35pm

    Re: Down?

    It's still up there.
    She hasn't figured out how to block my phone or my secondary access.
    Do you wonder if she checks what people enter into
    her little site search engine.
    Hmmmmmmm??
    ds

     

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  44.  
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    marco s. dalton, Apr 4th, 2008 @ 7:07pm

    maxam

    June's best friend, Larry Cleveland, has some stuff on her at keepclevelandsherrif.com.

    Hey,Charlie- you should take a look!

     

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  45.  
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    blocked!, Apr 9th, 2008 @ 4:42am

    north country gazette block list

    a site published a list of ip's it claims the north country gazette is blocking. both my home and work ip's are now blocked and appear on it so it is likely genuine. IMHO longest url i have ever seen

     

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  46.  
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    daryll suzeman, Apr 21st, 2008 @ 1:22pm

    Re: Re: Down?

    She does! She does read what one puts in her search engine at: northcountrygazette.org Have fun, girls and boys! And for those who wanted to know,"Two Girls, One Cup" is back up at: http://northcountrygazette.net/

     

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  47.  
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    Chris, Nov 4th, 2008 @ 11:11am

    She's blocked my IP at home and work as well

    I have no idea why - only because I accessed her site a few times from home waiting for her to update her editorial works?

    She wants freedom of speech for herself but it cannot apply to anyone else.

     

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  48.  
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    Chris, Nov 4th, 2008 @ 11:15am

    Re: Re: you are fruitcakes

    Someone told her to get a life and she reported them to their internet company citing harassment.

    When she was told "Freedom of Speech" she threatened a lawsuit.

     

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  49.  
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    no one special, Jan 22nd, 2010 @ 8:05am

    June Maxam

    I took a couple of minutes this past week to flip off a comment on the web site referred to here, after first checking their privacy policy. Ms. Maxam not only doesn't understand what copyright and hacking mean, but she guarantees privacy on her site, and then she will investigate your email address and you if you say something with which she disagrees. Her claim is that she has the right to investigate anyone who signs onto her site because she has purportedly been the victim of hacking. I am writing here to warn people not to sign on to her website at all, and by all means, stay away from her "anonymous" forum, and don't believe a word of her privacy policy. She will claim that if you are not a subscriber, you're not entitled to privacy. People need to be warned in a big way as her purportedly anonymous forum is anything but that. It can be very damaging if you pop an email from your work address during your coffee break or something.

     

    reply to this | link to this | view in thread ]

  50.  
    identicon
    hehe, Oct 31st, 2010 @ 4:15pm

    June on Boingboing

     

    reply to this | link to this | view in thread ]


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