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Posting Complete Copryrighted Literature Is Unlawful!

Discussion in 'XJ Technical Chat' started by RickCoMatic, Aug 1, 2010.

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  1. RickCoMatic

    RickCoMatic Well-Known Member

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    A Member posted a link to download the Complete HAYNES Manual.

    That is against the Law.

    Do NOT Post COMPLETE Works and Literature Protected By Copyright.
    That is a FLAGRANT Violation of Terms of Service.

    I DON'T want to spend my time reporting violations of Copyright to the Site Owner and the Publisher of the Copyrighted Material.
     
  2. venlis

    venlis Member

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    rick are you mixing hosting and posting there
     
  3. bigfitz52

    bigfitz52 Well-Known Member Premium Member

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    No, he's doing his job. I saw the post (since removed, I assume) and it was pretty flagrant and completely illegal.

    It's different if we post a page here or a diagram there to help each other, and even that might be entering a "grey area" copyright-wise.
     
  4. venlis

    venlis Member

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    i saw the post too. if i remember correctly the member posted a link to a site that hosts the file that contains copyrighted material. hosting and sharing copyrighted material is illegal, but to my knowledge posting a link is not. may be different laws here of course.
     
  5. Robert

    Robert Active Member

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    I saw the post as well. While I will laud the consideration shown by the poster (it was a kind thought), we cannot allow the illegal posting of copyrighted materials here. The link may be a fine line in legal terms but I'm sure we would rather err to the side of caution that get hammered by the "man" and loose our credibility if not our beloved site. We have to think of a better way to get this information into the hands of our brethren.
    I would say that I'd be happy to tear down and rebuild a bike for the benefit of making our own book but I'm not an editor nor writer. I would love to have Rick hang out for a week while we do the dirty work toward this effort. Any professional/quasi-professional producers out there?
     
  6. luvmy40

    luvmy40 Member

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    This is a great idea that may not be as difficult as it seems. Someone(or several someones) more knowledgeable than I would have to dedicate good amount time, but this could be a group effort. There could be a special members only(simply to keep any unintentional mis info from the general public) section for the work in progress. If the wizards were to post a "schedule" of tasks and the membership in general were to document any and all service and repairs that they do, either with video or photos then write a step by step on their process... The more experienced members could edit and check for errors. It would not be a small undertaking and possibly never a complete manual from start to finish, but it would be an invaluable asset to the forum.

    It seems to me that there is a pretty good start in several posts here already. Most on carb cleaning/rebuild but still a start.
     
  7. bigfitz52

    bigfitz52 Well-Known Member Premium Member

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    Excuse me?

    Valve adjustment: http://xjbikes.com/Forums/viewtopic/t=14827.html

    Tach drive oil seals: http://xjbikes.com/Forums/viewtopic/t=19538.html

    Instruments: http://xjbikes.com/Forums/viewtopic/t=15303.html

    Petcock rebuild: http://xjbikes.com/Forums/viewtopic/t=25058.html

    Aluminum reconditioning: http://xjbikes.com/Forums/viewtopic/t=22125.html

    550 Seca cluster disassembly: http://xjbikes.com/Forums/viewtopic/t=14948.html

    Except for valve adjustment, none of the above are covered in any book. Which is why I sunk the hours into them that I did.

    And those are just mine. I'm currently working on "clutches 101" and a piece on exhaust seals and gaskets.

    Don (Gamuru) has done how-tos on fusebox replacement, front fork seal replacement, rebuilding a master cylinder, installing a fuel filter and the list goes on.

    What really needs to happen is the mods need to start moving some of the good "FAQ Suggestions" into "FAQs."
     
  8. mrblackstock

    mrblackstock Member

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    I can understand the moderators enforcing the forum rules when it comes to disallowing copyrighted items to be listed on the forum, this is their right and job as moderators.

    And I understand that a person has no right to expect a link to a post of an illegal activity to remain on a private forum, this is not afterall public property. Yet, forums are full of postings with links to youtube videos of the members speeding, doing burnouts, and doing tricks at high speed. These posts are not deleted even though they portray people risking their and others lives, as well as being illegal.

    However, when it comes to copying manuals, and offering copies, I in part support this. I support this when the bikes are around 28 years old, and owners of such bikes are getting fewer in number each year. When publishers price manuals for old bikes the same as current bikes, and even on ebay the manuals are still selling for high prices.

    I myself have copied 2 manuals, and offered them for download online, both of quite old bikes, and one manual was a rare one. Despite the illegality, quite a few people downloaded them, which is good for keeping the bikes alive. My reasoning is entirely subjective, and I realise it is illegal, but in this day and age, with the internet offering the public access to an enormous variety of differing opinions, we make our own choices and decisions.

    I hope the member who posted the manual link sends me a private message with the link, as I would really appreciate a copy of the manual.

    just my 2 cents,

    cheers
     
    SAUERKRAUT likes this.
  9. Stokie

    Stokie New Member

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    Posting (publishing) a complete copyrighted work anywhere without the consent of the copyright holder breaks the law - this includes publishing onto the Internet. However, quoting a portion of a complete work does not necessarily infringe copyright law. See here Copyright and Fair Use (and if you're worried and living in the U.K. check this out Copyright and Fair Use).

    I hope that eases a few minds. Oh, and I agree that those How To's are brilliant and should be put somewhere really easy for the members here to find 8)
     
  10. andrewlong

    andrewlong Member

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    After all the things the manual has done for me, the LEAST I could do was buy the damn thing.
     
  11. RickCoMatic

    RickCoMatic Well-Known Member

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    The worst offenders are Criminals who Publish the XJCD-Set.
    That CD Set contains a doxen or more COMPLETE Workshop Manuals.

    Check that! Not quite COMPLETE.
    The Criminals who compiled the set DELIBERATELY OMITTED the Copyright Page.
    One WHOLE Page devoted to the sole purpose of declaring the Manual PROTECTED under the Laws of Copyright.

    The XJCD Publishers are likely to be Guilty of a Federal Class "A" Felony.
    "Congress has distilled the crime of felony copyright infringement to four essential elements:
    (1) a copyright exists;
    (2) it was infringed by the defendant, specifically by reproduction or distribution of the copyrighted work;
    (3) the defendant acted "willfully"; and
    (4) the defendant infringed at least 10 copies of one or more copyrighted works with a total retail value of more than $2,500 within a 180-day period.

    10 Copies?
    Easy.
     
  12. fiveofakind

    fiveofakind Well-Known Member

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    I agree...the excellent tutorials that are written by Chacal, Rickomatic, Bigfitz, Gamuru ( & others.......catch-all ) ....why aren't they moved from "XJ FAQ Suggestions" to "XJ FAQ Final"....... & rename it "XJ Tutorials".....

    & Keep this section for posting tutorials only by the Moderators.......

    That way one can go to that section to do a specific search.....

    Alot of hard effort by these guys & others ( sorry for anyone I missed )
    should be recognized & put into a specific section.

    Just my thoughts.
     
  13. RickCoMatic

    RickCoMatic Well-Known Member

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    Especially the ones after BigFitz got his new camera!
     
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  14. fiveofakind

    fiveofakind Well-Known Member

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    I just got a Canon Rebel T1i.......15mp camera....should take nice photos & has HD video...1080p......

    Spent more on this camera than on fixing this old XJ bike......lol
     
  15. Robert

    Robert Active Member

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    1080p is great...if you have the technology to utilize it. I'm still crunching along w/98SE. Can you imagine how long it would take to download that file? I'd keep it smaller and simpler out of concern for the rest of the schmoes like me. I ordered up one of those key chain cameras and plan to film a few operations for others to see but I'd love to see them edited and published with a consensus to add to the validity of the product.
     
  16. k-moe

    k-moe Pie, Bacon, Bourbon. Moderator Premium Member

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    Bump for new members. This policy still applies, and is why you won't find links to, or copies of service manuals here.
     
  17. Xjrider92117

    Xjrider92117 Active Member

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    Service manuals aren't that expensive. I've bought one for every vehicle I've ever owned. Some do have flaws and that why we have the forums....
     
  18. MattiThundrrr

    MattiThundrrr Not a guru

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    Sigh. Thought this was a new post from Rick.
     
  19. k-moe

    k-moe Pie, Bacon, Bourbon. Moderator Premium Member

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    He's on at least one of the XJ pages on Facebook, and does post occasionally.
     
  20. fiveofakind

    fiveofakind Well-Known Member

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    What is the ruling on helping others with a procedure or pic from the manual and posting them......Allowed or not ?
     
  21. XJ550H

    XJ550H Well-Known Member Premium Member

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    small excerpts and photos are allowed as it falls under educational or news reporting. the posting of links to full manuals or magizines is not.
    the xjbikes forum owners are the people who will be hit with the fines and possible shut down of the site for copyright violations. Terms and Rules

    You agree to not use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct.

    if you go to xjcd.org you will see how they publish manuals. border line acceptable. “financial gain” is key to the law. xjcd is a non profit org. XJbikes is a money making web site due to ads it runs.
     
    Last edited: May 11, 2019
  22. XJ550H

    XJ550H Well-Known Member Premium Member

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    another way to think about it is a small excerpt encourages people to go and buy a manual.
     
  23. k-moe

    k-moe Pie, Bacon, Bourbon. Moderator Premium Member

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    Excerpts for educational purposes are allowed.
     
  24. k-moe

    k-moe Pie, Bacon, Bourbon. Moderator Premium Member

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    It's actually not borderline acceptable. Being a non-profit organization does not mean that the organization is not allowed to make a financial gain from selling something, and financial gain need not be present for a copyright violation to exist. Even if they made a loss they are still in violation for unauthorized reproduction. There have been many public schools who have had to deal with (and lose or settle) copyright lawsuits because of copying the pages of sample textbooks and using those copies in classrooms instead of buying the books.

    The reason that XJCD hasn't been hit legally is because they have a small volume and aren't worth the time and expense of the copyright holders (they might not even be aware of their existance).
     
  25. fiveofakind

    fiveofakind Well-Known Member

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    I must come clean....I am an owner of the XJCD set.......but also a owner of a hardcopy of the Yamaha XJ750J Service Manual.

    I am a firm believer in buying an OEM factory service manuals for any auto or bike one owns.......

    First time one uses to fix their machine.......well...it has paid for itself.......
     
  26. Ryengoth

    Ryengoth Active Member

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    I own a copy of the original microfiche for the XJ service manual. I was planning on digitizing it but this thread makes me wonder if Yamaha will come looking for a pound of flesh if I post it here.
     
  27. k-moe

    k-moe Pie, Bacon, Bourbon. Moderator Premium Member

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    Nevermind Yamaha. If posted here it will be deleted.
     
  28. JetmechMarty

    JetmechMarty Active Member

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    If it were mine, I’d digitize it. I used to copy my record albums onto cassette. Same difference. If you’re distributing or selling, we all know there is a problem with that. Since I’m not a lawyer, I’m not qualified to say here what’s legal and what isn’t. The bottom line is, if we think it might by wrong, it probably is.

    I believe the XJ service manuals are still available from Yamaha at about $90 last time I checked. I like looking at a paper book. I have a lot of digital copies of my service manuals. I often print the pages I need.

    I was browsing in a used book store a couple of years ago on a motorcycle ride. I discovered a brand new XS1100 service manual. I bought it for $5!

    BTW, this site is a great resource and I don’t own a XJ anything. I’m all XS.
    ;)
     
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  29. k-moe

    k-moe Pie, Bacon, Bourbon. Moderator Premium Member

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    You are allowed to make a copy for personal use (this was decided by the U.S. Supreme Court during the emergence of home-video recorders).
    What you can't do is give that copy to anyone. The chances of getting caught handing a buddy a copy of the latest Def Leppard album are low, but once you put it on the internet for anyone to grab, you can expect a visit from an enforcement agency or a letter from a lawyer.

    I'm not a copyright lawyer, but I do deal with copyright issues as a part of my profession.
     
    fiveofakind and JetmechMarty like this.
  30. JeffK

    JeffK Well-Known Member

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    When I arrived on this forum, a member was selling PDF copies of both the Yamaha XJ650 XJ750 Service Manual and Turbo supplement on CD's.

    Your offer is against forum rules and U.S. copyright law. Regardless of what may have happened in the past, such sales are not allowed on this forum.

    jeff
     
    Last edited by a moderator: May 14, 2019
  31. k-moe

    k-moe Pie, Bacon, Bourbon. Moderator Premium Member

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    This is not a place to make offers, nor is this a debatable subject.
    I’m locking the thread.
    Further offers to distribute copyrighted material without permission from the copyright holder will result in a ban.
     
    Last edited: May 14, 2019
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