By now, regular readers of my weblog should be familiar with the name “Baldr Odinson” – that spineless, dishonest, cowardly troll who so very much hates it when his own methodologies and tricks are used against him (speaking of, I need to put his poll back up at some point). Regular readers of the pro-rights community would also be aware that Baldr Odinson condoned, if not outright supported, the Coalition to Stop Gun Violence’s vicious, vindictive, and generally bullyish “outing” of various pro-rights activists, myself included; for example:
That tweet used to include a link to the CSGV’s weblog wherein they did the outing, until such time as Weer’d requested Baldr take it down. One cannot mistake the sentiment in those short sentences, though.
Now, normally, I would not go posting the personal information of folks who choose to use a screen name while they make use of the Intertubes – being one of those folks myself, I fully understand the motivations involved. However, in this particular case, I feel as though it is particularly warranted for a variety of reasons.
First, as you can see to the left, he “outed” himself, on a public page, on Facebook. He put his screen name right next to his carbon name, in a place where anyone and everyone could see it. And, lo and behold, someone did.
Second, as previously mentioned, he condoned / supported / encouraged / facilitated the CSGV when they were going on their mass “outing” spree a few months ago, and personally leveraged some of the outcomes of that despicable activities for his own gain. The shoe is now on the other foot.
Third, he has been using either his screen name or his carbon name to sock-puppet for the other, as seen in the two screen captures to the right (the first is available here, the second is available here). Trying to make yourself look more popular, more appreciated, more widely-recognized, and more agreed-with by generating additional screen names / accounts / etc. is a time-honored tradition of the Intertubes, but not a particularly honorable one.
Fourth, he actually gave an interview, to a television station, using his screen name as his identification:
Really Jason? Really? Welcome to being a “public figure” (as your Facebook profile claims, by the by); once you assume that mantle, any semblance of “privacy” goes right out the window. (Of course, the misspelling is all the more amusing, given the circumstances.)
Fifth and finally, Jason Kilgore (aka “Baldr Odinson”) decided to get his panties in a wad over the lawful use of the above-left Facebook image. As you all know, I am a firm believer in individual rights, including the right to intellectual property ownership; however, as I said in comments:
He cannot even claim that. He did not take the picture!
That, right there, is the key element.
Baldr was in a public place, acting as a public figure. As such, he had no reasonable expectation of privacy when that photograph was taken. As such, he has no copyright claim, whatsoever, to that picture, despite being the subject of it.
The only person who originally owned the copyright was the person behind the camera that took it. Did Baldr have that person’s permission to put the picture on his Facebook page?
Seemingly petty though that question may be, it is invaluably important, given Facebook’s rather… demanding… copyright rules, in that they claim ownership of anything and everything that is posted on their domain, regardless of who owned it previously.
Unless Baldr has a notarized power of attorney (or equivalent documentation) from the person who took the picture, or from Facebook themselves, he simply has no standing.
IANAL and all that.
That’s not the key. You didn’t reuse his picture. You captured the picture with the surrounding page because what you wrote is specifically about that exact picture and the article associated with it. You wrote an article ABOUT the picture, so reproducing it as such is very very clearly covered under fair use.
So welcome to the club of “outed” webloggers, Jason Kilgore (aka “Baldr Odinson”). If you had not gone to the effort of Streisanding yourself, maybe this all would have blown over and no one would have been the wiser. As it is, given your encouragement of the CSGV when the started violating people’s privacy, you are, as I believe the saying goes, not-so-respectfully invited to “suck it”.
(Oh, and what the hell is with the Heaven’s Gate outfit?)