NY-26: Jack Davis' campaign using images without consent

Please... (4.00 / 1)

Since every DA in WNY is afraid to go after anyone for election law violations, hopefully this can be a step in the right direction, towards reminding candidates that the act of running for office does not make the law something they can selectively follow at their own discretion.  

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by: blueyork05 @ Sat Aug 30, 2008 at 19:30:07 PM CDT

Jack's consistent m.o. (4.00 / 2)

Jack believes he should be able to do whatever he the heck he wants. He doesn't care if he has to pay a fine later; he can afford it. He has done similar things each of the times he has run before.

If I were in your shoes, I'd be talking to a lawyer about seeking an injunction asap. The damage those ads do to you doesn't stop for the holiday.

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by: Historical Pessimist @ Sat Aug 30, 2008 at 19:39:37 PM CDT

stop crying (0.00 / 1)

do what ever you have to but at the end of the day jack will run you out of money this type of posting doesnt help jon,  talk about the good jon will do and  stop putting jacks name out there because nothing will come of this lets just keep working for jon positivly

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by: scott rytlewski @ Sat Aug 30, 2008 at 19:47:03 PM CDT

I disagree (0.00 / 0)

  This is the type of post that goes to Davis' disregard for the rules and the law unless either serves him or his interest.  Its very much germane to the effort to elect Jon because pointing out Jack's arrogance towards the rules is to highlight another aspect of his character that makes him unfit to represent the 26th District.  If he has no respect for copyright laws, that's a good indication that he chooses which laws he wants to obey.  

  I think this sort of post contrasts the difference in attitude between Powers and Davis.  If we ignore Davis' faults in some Pollyanna claim to wholesomeness, we run the risk of looking naive and feckless.  

  Don't judge other people by your own limitations.

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by: RussElba @ Sat Aug 30, 2008 at 19:53:25 PM CDT

[ Parent ]

this show desperation (0.00 / 1)

it also show a lack of knowlege when the acusser doesnt even have a attorney yet or even knows if one will take his case so all that being done is giving jack press and as for jacks charecter let jon speak to that  

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by: scott rytlewski @ Sat Aug 30, 2008 at 20:04:48 PM CDT

I have an attorney... (4.00 / 3)

Mr. Rytlewski,

I have an attorney but it's the holiday weekend.

This post is about my copyrighted work being stolen by a candidate seeking the Democratic party's line, a party I am a member of.  You seem to think I should just ignore the theft of my copyrighted material, similar to how Jack Davis' campaign thinks.  Sorry, that's not going to happen.

The only lack of knowledge is your understanding of the importance of the copyright infringement issue and how that demonstrates Mr. Davis' utter and consistent lack of regard for the law.

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by: Jerri S. Kaiser @ Sat Aug 30, 2008 at 20:17:25 PM CDT

[ Parent ]

Good reasoning, in any event (0.00 / 0)

So sorry this happened to you.  I'm no lawyer, but, I do think you are very much on the right track from what I know.

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by: robinia @ Tue Sep 02, 2008 at 16:16:57 PM CDT

[ Parent ]

Confused (0.00 / 0)

   scott, first you admonish people to stay positive, but then you later say its Jon's job to go after Jack's character.  Not only is that confusing, but its exactly the wrong tack to take.  Its absolutely the surrogates place to go after character issues while leaving the candidate to address policy issues.  Its why you hear about these things from the campaign spokespeople and managers, but not from the candidate.

  This copyright issue is indicative of Jack's character.  He will defy the law, whether it applies to copyright or zoning ordinances because even if he loses, he doesn't care.  If he's willing to try to buy his way through the political process with millions of dollars, the much lesser amounts he pays in fines and penalties mean nothing to him.  Its this 'throw money' at everything attitude that defines his character.  And the idea that he can have things his own way by sheer force of wealth.

  I will add this; it was unfortunate that so many of the Davis signs that went up and down in the space of a few days in Batavia because of zoning infractions were accompanied by Joe Mesi signs in most locations.  The largest Davis sign on RT 5 in the City of Batavia stands shoulder to shoulder with the largest Joe Mesi sign.  It looks for all the world as if they're running together.  I'm biased, but I don't think that's good strategy.

  Don't judge other people by your own limitations.

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by: RussElba @ Sun Aug 31, 2008 at 06:04:55 AM CDT

[ Parent ]

Google Paul Rapp (4.00 / 1)

Or just go to rapponthis.blogspot.com.  Paul Rapp is an intellectual property lawyer with offices in Western Massachussettes & Albany.  His blog has links to other sources that may address this - so reads his weekly column in Metroland, a free independent newspaper in Albany, which deals with copyright and other issues in media.

Of course, it's not legal advice, but y'never know what you might find and his column kicks ass, so his information probably does to.

I'm not from the district, but you hear alot about Jack Davis's antics around here.  I hope that can help you.

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by: Soundpolitic @ Sat Aug 30, 2008 at 21:39:51 PM CDT

Thanks (4.00 / 1)

I'll check it out.  

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by: Jerri S. Kaiser @ Sat Aug 30, 2008 at 21:53:29 PM CDT

[ Parent ]

Sue (4.00 / 2)

The work is copyrighted.  

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by: chiste @ Sat Aug 30, 2008 at 22:02:17 PM CDT

[ Parent ]

read the bufflo news (0.00 / 1)

The powers campaign wants to talk about the issues so call the campaign and ask them if they think you are doing any good crying about copyright issues  

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by: scott rytlewski @ Sun Aug 31, 2008 at 08:59:34 AM CDT

This is between Davis and me (4.00 / 1)

Rytlewski,

I'm not talking about Powers here, can't you read?  I'm talking about Davis stealing my work product AS A WRITER.  

Jon is on WBEN right now talking about the issues, his job.  You said in an earlier post Jon should talk about Jack's character.  Yeah, real good advice.  Jon is talking about the issues.  I am talking about Davis' theft of my work product.

Two separate issues.

Discernment.  Look it up.

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by: Jerri S. Kaiser @ Sun Aug 31, 2008 at 09:46:53 AM CDT

[ Parent ]

then take your problem to a court room (0.00 / 1)

its not a politicle issue, you wont get paid and if you listen to wben jon had to double talk about a bloggers attack on alice so call some one in the powers campaign if you have a number this is not the time for politicle novices  

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by: scott rytlewski @ Sun Aug 31, 2008 at 10:37:34 AM CDT

Silly Scott... (4.00 / 1)

Scott, this is a serious issue. A campaign is using copyrighted material in their ad without permission. If Jerri wants to make an issue of that on this blog, she has my blessing. She also has my support in anything going forward. Imagine Scott if I came into your house and stole your flat-screen TV. That would be stealing your property right? This is what we are talking about here. There has been a theft of property and it must be dealt with. The Davis campaign doesn't think they did anything wrong. Jerri says otherwise.

I was the blogger mentioned about the "attack" on Alice. It wasn't an attack, but rather a statement of the facts. She defended Hooker/Occidental in the Love Canal disaster and has touted herself as an environmental lawyer in this campaign. She should answer questions about her Love Canal experience.

And Scott, you more than anyone else has no room to be throwing around the term "political novice." Or "politicle novice." However you want to say it.  

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by: robert.harding @ Sun Aug 31, 2008 at 11:07:18 AM CDT

[ Parent ]

"Politicle" Novices? (4.00 / 1)

I don't usually chide people on spelling errors, but this one seems to speak for itself.  

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by: Soundpolitic @ Sun Aug 31, 2008 at 11:17:20 AM CDT

[ Parent ]

im a good speller (0.00 / 1)

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by: scott rytlewski @ Sun Aug 31, 2008 at 11:24:22 AM CDT

[ Parent ]

Irked (0.00 / 0)

  Jon said quite explicitly that "he" wasn't there to talk about Alice.  Jon himself refutes your earlier advice for him to bring up character issues, scott. And for you to characterize Jon's response as "double talk" is hardly supportive.  Your advice to people to call the campaign to confirm your advice makes it sound like you're claiming some sort of inside knowledge.

  Now, as to the novice issue, to chide people for having an opinion after they've newly become active in the political process (though you have no way of knowing to what extent they've been active in the past, scott) is not productive and runs counter to the Democratic agenda as extolled by Chairman Dean.  It reeks of old politics and could only serve to discourage the building up of the base that the 26th district so desperately needs and is attempting.  One doesn't have to hold a party position to hold some political experience and a valid opinion.  After all, the change that we're trying to bring about extends to our own party as well as anything else.  We should try to be more welcoming instead of trying to cow people with whatever claim we have to experience.

  Don't judge other people by your own limitations.

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by: RussElba @ Sun Aug 31, 2008 at 11:46:25 AM CDT

[ Parent ]

inside knowledge (0.00 / 1)

grow up  where did i claim that? if you really follwed jons campaign you would see his request to speak on the issuse and that include supporters

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by: scott rytlewski @ Sun Aug 31, 2008 at 11:57:27 AM CDT

[ Parent ]

Best that we keep it civil (0.00 / 0)

   Insinuating that anyone who disagrees with you doesn't have your political savvy or isn't avidly following the elections is rude and makes you sound petulant. I'm sure there are decisions and endorsements you've made in your long and obviously successful political career, recent and long past, that didn't pan out as well as you'd have liked.  I'm sure that I'll look back with regret on things that didn't work out and choices that I might rethink.  It would only seem fair to extend that same indulgence to everyone without making this about who's got real political chops.

  Don't judge other people by your own limitations.

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by: RussElba @ Sun Aug 31, 2008 at 12:08:03 PM CDT

[ Parent ]

I'm a lawyer (4.00 / 1)

And your copyright has been infringed

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by: Roatti @ Mon Sep 01, 2008 at 02:43:46 AM CDT

Yes... (0.00 / 0)

I'm also concerned that any future interviews and images I take and post will be hard to come by because candidates and others I may interview might not feel their images will be secure.  Davis' theft and use of my image in a misleading and not at all correct ad makes it less likely others will want to allow me to conduct interviews and post them.

This infringement has therefore caused damage/harm to me and my work.

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by: Jerri S. Kaiser @ Mon Sep 01, 2008 at 09:12:21 AM CDT

Hang in... (0.00 / 0)

This reflects mostly on that jerk Davis, not you.

Must really feel bad, though.  My sympathies.

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by: robinia @ Tue Sep 02, 2008 at 16:21:52 PM CDT

[ Parent ]