This blog was formed in response to the shutting down of Phillipinefailblog.com.
As far as I can tell PFB shut down three times in it's previous incarnation.
Firstly in November 2014:
Secondly in February 2016:
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| This may actually have been the result of a cyber attack and not a deliberate shut down |
And thirdly in November 2016:
Writing about the first shut down in 2014 one blogger has this to say:
I am hoping one of it’s active readers will open a new & similar site. I am hoping that FiloFail can at least open the blog so we can still enjoy the articles (w/c were submitted by the readers as well). It’s a very sad day today. I for one was helped a lot since I discovered this blog. It helped in everyday anger management & road rage (driving around the Philippines). Sad sad day.http://itsmorefuninthedark.blogspot.com/2014/11/philippine-fail-blog.html
We see in reaction to the most recent shut down a desire that the blog continue even without the Captain at the helm.
I am thinking of opening a Blogspot or WordPress Page! – God knows we need it!
It was only two months after the last shut down that Philippinefailblog opened back up for business but this time as a social network with all of its previous content "vaporised."I hope someone else takes over, preferably somebody who was a very active member of PFB
So two things:
1. People wanted Philippinefailbog to continue even without the Captain at the helm and on a blogspot or wordpress site.
2. All the content of the old site is gone and no one can read it without wading through the internet archive.
I have provided the solutions to both these problems and I did this before the third resurrection of PFB from the dead. To accomplish this I chose the most obvious name for this blog: Philippinefailblog.
This website is not intend as a either a competition or even emulation of PFB but a continuation of an idea which was abandoned. Therefore I see no reason to discontinue this site or to not post archived content from the old site in the name of preserving history and providing a place for others to go if indeed PFB ever shuts down again.
Fact of the matter is, you're currently in violation of my copyright.
ReplyDeleteIt's quite obvious that the idea is not abandoned. I have, and still own all the copyrights to the content you are stealing. Write your own content, and please stop stealing mine. No matter who posts on my site, I still own the content. It's the law.
All I have to do is submit a DMCA notice to Blogger.com and everything that is copyrighted to Philippinefailblog.com past and present will need to be removed from this site. Most likely, they will just shut it down.
You're welcome to put up a site. You just can't steal my copyrighted name.
Go make your own blog with it's own original content and ideas. Geez.
First of all I had no idea was violating any copyright as I clearly indicated that those posts are not mine and that they are from the old website. I have plenty of original content and I thought the PFB Classic series would be an interesting supplement. They do not make up the bulk of my content.
DeleteSecond of all those posts are not to be found on PFB any more but are on the archive's website. Is the archive in violation of your copyright? They host a copy of basically every web page. My source is the archive's snapshots of PFB and not PFB per se.
Third I hope we can come to some sort of compromise. I would like to continue the series PFB Classic and post old entries no longer available without having to dig through the archive.
Is such a compromise possible? Is there a way I can not only legally but amicably continue the PFB Classic series or would you rather I stop posting old content wholesale?
Doesn't matter what people want. This is a legal matter. You can't violate copyrights just because a bunch of people want you to.
ReplyDelete1. The archives are snapshots of an existing site, which I own.
ReplyDelete2. It's redundant that you post the archives here, because I'm reposting them on the new PFB platform. They will eventually be available there, where they belong, not on a copycat site that is using my brand name.
Why don't you just come on over to PFB and help add the archives where they belong? Yes, that is an invitation.
OR, if you want to run your own blog, I would like to ask you to make a new one, (maybe "PinoyFail.blogspot.com" or whatever).
But think about it. "Philippine Fail Blog" is my brand, my intellectual property by copyright. I'm not going to make a big deal out of it, but I AM asking you to abandon using my brand name, and the content that belongs on PFB.
There very fact that I have brought the site back for a third time shows that despite being the target of hackers, and despite my initial frustration over it, I keep coming back.
The last time having to wipe the site out because the hack was gravely affecting the business end of my server. You can read a more detailed explanation on PFB here: http://www.philippinefailblog.com/blogs/post/46/backups-and-security.
Thanks for the reply. I don't believe I can stress enough that this is not a copycat or counterfeit site of PFB. I am not trying to imitate you or duplicate you in anyway. I have made this clear in the above post and in the introduction. I don't know what more I can say to make you see that this is the case.
DeleteThe whole point of posting from the archives was for the same reason a DJ will say "And now for a real golden oldie!" That's it. Not to copycat you at all.
As far as the PFB brand goes I know you were aware of this site last month and I wish you had contacted me about it then. We could have had this discussion earlier. I am aware of the legal and moral implications of using your brand name. But since you did not contact me (and the fact that you copy/pasted the top ten list that I had reformatted and reposted seemed to give tacit approval to this site) I figured I would just soldier on.
The reason I did not change the banner right away was because a.) I'm no designer and b.) I heard no negative response from you. Finally I heard your voice and thankfully there are many free logo makers.
I do not intend to abandon this website as I do have a lot of original content in draft form and I'd like to see where this all goes.
Though I am not averse to changing the name of this blog the real difficulty with changing the name is that all the links I have posted will be dead. I have emailed the EFF asking for clarification in this matter regarding both your rights and mine. I hope you can email me and we can discuss this privately and officially. I am replying to anonymous but in good faith I am believing you are the Captain.
Again I cannot stress enough that this site is not now and never has been a copycat or counterfeit of PFB. I hope I have made that perfectly clear.
I mean really:
"This guy copying PFB (extremely poorly I might add), seems to be under the impression that the brand "PhilippineFailBlog" is publicly owned or something, therefore thinks he has the right to do what he's doing "because I have shut this site down a few times".
This is not the case at all. This is simply not my thought process in anyway. And if this site seems like a poorly done copy of PFB that's because, as I have said, this blog is not intended to be a copy of PFB.
No, I was NOT aware of this site last month. The first time I heard of it was when someone posted a link to it on PFB new site.
ReplyDeleteYou have changed the name, I'm fine with that. That's all I asked.
I have no animosity toward you either.
If you put yourself in my shoes, think how frustrating it can be to have your site constantly hacked, after all the hours, days, weeks, years you put into it?
I'm sure there have been times in your life when you have said "Screw it!" and made a hasty decision under pressure.
Yet I keep bringing the site back. And it wasn't gone for that long. I think that shows my dedication to the community I have created.
I had to wipe out the site because over the years and several times it was hacked, with 1000's of php files making up the site, and with the last issue that shut it down, and shut down my email server, it just had to go. I was pissed about trump's win (as was at least 60% of Americans also) and that was the reason I put up the notice.
At first, I didn't think I would bring it back. After chilling out for a week or so, and getting a barrage of emails from members asking to bring it back, I began to work on a more secure solution and more secure platform.
And here we are. Back up and running, much more protections in place, and clean backups being made twice a month.
If you choose to post "the classics", I would appreciate a link back to http://www.philippinefailblog.com on each post that originated there.
I think that's a fair and amicable compromise.
Best wishes.
Cap'n
For me, I'll lay this to rest. We've both expressed our positions well, and I wish you the best. I see you have joined PFB, and I welcome you.
ReplyDelete