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Re: Last Testament of a loving father abused by the family court system and alienated from his children

Thursday, February 12, 2015 - Accused - Alienated Parents

Chris Mackney was involved in various bitter battles against his ex-wife, Dina Mackney. He committed suicide and left an online suicide note posted to his Web site, blaming Dina. (I will mostly use the Mackneys’ first names here simply in order to avoid repetition and confusion.) Chris had also written various other things harshly criticizing her and others.

2. Dina Mackney got appointed administrator of Chris Mackney’s estate, presumably because his heirs are their underage children, and she is the guardian of the children. (I’m not a probate law expert, so I can’t speak to the soundness of this decision by a Virginia judge, applying Virginia law, but I will assume for the rest of the post that this appointment was legally valid.)

3. Dina Mackney then demanded that various sites take down Chris’s various writings, including his suicide note, on the grounds that she represents Chris’s estate, which owns the copyright in those writings.

Why the copyright twist? Dina might have plausible claims that Chris’s writings are libelous, or invade her or the children’s privacy, but given the federal 47 U.S.C. § 230 statute, Web sites that host user-posted writings arenot liable for any defamation or invasions of privacy in those writings. (Chris would have been liable for them, and Chris’s estate might still be liable, but the sites would not be.) But under federal copyright law, the sites that host user-posted writings are potentially liable for copyright infringement in those writings. Taking control of the copyrights thus makes it much likelier that the hosting sites will indeed take down Chris’s works.

Note also that pretty much anything written down is presumptively protected by copyright; it doesn’t matter, for instance, that Chris’s works didn’t have a copyright notice on them, or weren’t registered at the time they were written.

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Last Testament of a loving father abused by the family court system and alienated from his children

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by Chris Mackney pdf file by Vernon Beck
X Another Abused Father ends his life by Suicide. This loving father was alienated from his children, legally abused, emotionally abused, isolated and financially ruined, this is a dangerous recipe for suicide. "Nothing I or my attorneys... More >>
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