Saturday, February 16, 2008

I'm On Notice.

Albero has his panties in a twist again because someone (me) borrowd one of his precious photographs. An unlawful photo I might add. In the comment section of one of his post titled "The Joke of the Year" he states in part:

.....Joe Perdue is on notice. Should he do it one more time he'll find himself in court and facing a jury because I will not allow him defaming me and lying to the public as well as stealing my photos regularly.

This is not the first time Albero has threatened me with a lawsuit. To the best of my recollection he has also made similar threats to Gunpowder, Straight shooter, Tom Cat, and recently Bud the Blogger. The biggest difference between me and these other bloggers is simply that he knows my name and he uses it any chance he gets in order to augment his swaggering. So be it.

The legality of his photos may be debatable on Alberos part, but check over on "Off the Cuff" and see what the Maryland Board of Elections has to say about cameras and electronic devices in the polling places.

Who has lied any more than Albero? His half truths and out right falshoods about the fire department alone are enough for him to earn the big "L" moniker.
So far as me defaming him, no one has done any more defaming than he. The list of people he has defamed is quite extensive as evidenced in his archieves. Finally, I fail to see why questioning the legality of two of his pathectic photographs constitutes "Stealing Regularly", since his posts are full of copywrited material on a much more extensive level than mine.
If this is his idea of "regular" than he may need more fiber in his diet.

I borrowed the following from Bud the Blogger over at "The No BS Zone":


§ 107. Limitations on exclusive rights: Fair useNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Kindly be sure to show this to your lawyer before he contacts me Albero. He should have all the facts for the jury.

And finally---Thanks to all for offering to contribute to my defense fund. I'll be in touch. LOL

9 comments:

Chuck Norris said...

It would never go to a jury trial anyway, the damages wouldn't be enough. And since Albero doesn't profit off his website, the damages would be $0. So how can you sue for damages of $0?

Lt. Patrick Davis said...

Also, the copyright law is weak... Any photo is automaticly "copywrited" at inception (even your snapshots of grandma Edna).

However, unless the images are on file at the U.S. copyright office AND there is financial damage. You get nothing....

M.God

Bunker Britches said...

Soap,
Add my name to the list of those who will contribute to your legal defense fund.
Just a thought... could you counter sue for defamation or slander? If so, those who contribute would also contribute support for a chance to see Albero brought down to size and with his professed millions you could maybe get enough to throw a back yard bar-b-que. LOL

TomCat said...

Nothing like getting a full fledged threat! I hope you're keeping track of this Soap! Hav'n a look how did you know about my Grandma Edna???

Jerry Shandrowsky said...

Even if he follows through with his threat of a frivolous lawsuit, there are lawyers standing in line waiting to defend anyone he sues.

gull92 said...

Joe,

I'm in when you pass the hat. Anyway, when he posts to his worthless site, the content becomes exclusive property of Google, he gives up all rights to it. Ask the SbyNewsUnedited guy. Plus, JJ rips off copyrighted content at least 5-10 times per week anyway. He wouldn't have the balls to do it.

gull92 said...

Joe,

Here's the link to the post from SbyNews Unedited when JJ threatened them, and Google called him:

http://sbynewsunedited.blogspot.com/2007/12/ok-so-i-got-in-trouble.html

Anonymous said...

Don't you mean copywriterED?

All of the Delmar Dayglow's bulldukey is copywritered.

The Dayglow sounds like Liberace, "I'll be suing you"

Anonymous said...

What a maroon.
If we could harness his hot air all of us could heat our houses for free.
Contact me on my blog site if he actually tries to sue you. (which I doubt will happen) and I'll come out of the shadows to support you.