UPDATE 2:01 p.m. PDT: Cowboy Bob responds. See below.
CREDIT: Vann Priest;
original photo obtained from
Gods that don't exist and people who talk to themselves
Back on September 30, 2012, I created this graphic and posted to the FaceBook community, Question the 'Question Evolution Project'. Just this past Friday, June 14, 2013, I received an email from the FaceBook authorities that it was removed because Cowboy Bob Sorensen (AKA Stormbringer, Piltdown Superman, Uncle Pilty, and numerous other aliases) filed a complaint claiming that I violated his copyright under the Digital Millennium Copyright Act (DMCA).
Following FaceBook's advice to resolve this directly, I emailed Bob this morning.
Dear Cowboy Bob,I recently received notice from FaceBook that they "received a notice from a third party that the content infringes their copyright(s)." That content was removed under the procedures of Section 512(c) of the Digital Millennium Copyright Act (DMCA).The content was a meme I generated using a photo that presumably is one of you and posted to the community Question the 'Question Evolution Project'. The photo I used came from a blog entitled Gods that don't exist and people who talk to themselves.I contend that the use of your photo is fair use as defined in Section 105 of the copyright law (title 17, U.S. Code). As such, I do not require your permission to use it, but I am contacting you in the hope that we can resolve this directly. If you would quickly email FaceBook with your consent to my use of said photo and reference Notice # 394967200609674, I would greatly appreciate it.As I mentioned above, the use of that photo is fair use; I will be filing a DMCA counter-notification with FaceBook. In support of my contention, I note that you filed a similar claim against Gods that don't exist sometime around February 2013. The author of that blog filed a successful DCMA counter claim and your photo is once again prominently displayed.With regards,
Cowboy Bob threatened me with a law suit once before, because… Well, let's use his words.
That was 11 months ago.
Should Cowboy Bob succeed in keeping that graphic off of Facebook, I've found another picture I'll use from here on out.
CREDIT: Quick Draw McGraw/
Cowboy Bob replies:
No, it has never been legally used. Botten used it without permission. "Fair Use" is an American law, and I was unwilling to undertake the expense of international legislative action. This is in no wise "Fair Use", as it is my property, used without my permission, for the sake of libeling and defaming me; it is not "parody", it was used strictly for juvenile and petty humiliation. So you DO require me permission to use it, and I deny your claim.
Does your college approve of your vindictive, childish behavior? This, plus your previously documented stalking of me, will not help your "case", and you are also embarrassing your employer.