I had kind of thought that after we posted our response to Teri Buhl, who got upset about our original article about her whacko claims that her publicly posted tweets could not be quoted, that the story would hopefully fade away. However, this morning, Jim Romenesko, who allowed Buhl to "respond" to us via his blog, has published another story noting that the thanks he received from Buhl is that she is threatening to sue him. Lovely. Oh yeah, and in her communication with Romenesko, she apparently told him she’s planning to sue us at Techdirt, too (which, by the way, is the first we’ve heard of this):
Today, Buhl is threatening to sue me for using the photo from her Twitter page. She says she owns the image and never gave me or others permission to publish it. She adds that she’s going to file a small claims suit against Mark Bennett and Techdirt for keeping the photo on their sites after being told to take it down.
"I don’t want add you the same list [sic]," she writes. "I’m asking Poynter and Knight to do the same thing today before I file."
My response to her: “Really, Teri?”
yes really Jim – I am going to push it. It’s a matter a principle I am sick of other publications lifting other jurnos ideas, photos, words etc… and printing them on their publications with out permission or proper credit with links etcc. I think it’s an issue that should have been challenged a long time ago. I took the photo I own it etc…
Of course, in our last post on the subject, we suggested that Buhl acquaint herself with fair use rules. It would appear that she has chosen not to do that. We did not “lift” her “ideas, photos, words.” We reported on her actions and statements.
It also appears that she has not familiarized herself with the nature of copyright law, and the fact that small claims courts have no jurisdiction over copyright issues. Not that I should be doing the legal work the lawyer she claims to have contacted failed to do, but 28 USC 1338notes:
The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, orcopyrights.
This is kind of basic stuff…