Slashdot Mirror

MattW writes "Yahoo is carrying the CNET story that EFF has come to the defense of MusicCity, which produces peer-to-peer software, but does not run central servers as Napster did. EFF has a whitepaper on the Sony Betamax case, and it discusses the implications of various court decisions during the Napster case and their effect on it as a precedent. A MusicCity lawyer, who was responsible for the successful defense of the Rio, is quoted, astutely observing: 'This case shows more clearly (than Napster) that what the plaintiffs are most concerned about is control of technology. This is all about whether they can leverage copyrights into control over software development.' And that's truly what the RIAA's interest in Napster was about: not money, but control."

Our friends at Microsoft are upset about some of the readers' comments attached to the story, Kerberos, PACs And Microsoft's Dirty Tricks (posted on May 2), and would like us to remove those comments from Slashdot. We are not happy about this, to say the least. But instead of reflexively going into rant mode, we are calmly posting the full text of the e-mail we got from Microsoft, along with our initial response to it, so that you can see what news and community Web sites like Slashdot are up against now that the DMCA has become law. We are talking to our lawyers, of course, but we would also like your suggestions on how we should handle this situation.

From: "J.K. Weston"
To: "'dns_admin@andover.net'"
"'dns_tech@andover.net'"
Subject: Notice of Copyright Infringement under the Digitial Millennium Copyright Act
Date: Wed, 10 May 2000 07:08:49 -0700
X-Mailer: Internet Mail Service (5.5.2651.58)

Andover Advanced Technologies
Andover.Net
50 Nagog Park
Acton, MA 01720
Phone: (978) 635-5300
Fax: (978) 635-5326
Email: dns_admin@andover.net; dns_tech@andover.net

Dear Internet Service Provider:

We understand that your website, http://www.slashdot.org, is a popular site for developers to discuss topical issues of interest. In that vein, it has come to our attention that there have been numerous posts of concern related to Microsoft's copyrighted work entitled "Microsoft Authorization Data Specification v. 1.0 for Microsoft Windows 2000 Operating Systems" and we would appreciate your posting this email to the site to help relay our position to your users.

This notice is being sent under the provisions, and following the guidelines, of the Digital Millennium Copyright Act of 1998 (DMCA).

Included on http://www.slashdot.org are comments that now appear in your Archives, which include unauthorized reproductions of Microsoft's copyrighted work entitled "Microsoft Authorization Data Specification v.1.0 for Microsoft Windows 2000 Operating Systems" (hereafter "Specification"). In addition, some comments include links to unauthorized reproductions of the Specification, and some comments contain instructions on how to circumvent the End User License Agreement that is presented as part of the download for accessing the Specification.

Although not intended to be an exhaustive representation, the specific comments below, categorized by corresponding activities, are examples of the misuse of Microsoft's proprietary information:

Comments Containing A Copy of the Specification:
"by Anonymous Coward on Tuesday, May 02, @03:37PM EST (#197)"
"by BlueUnderwear on Tuesday, May 02, @04:09PM EST (#239)"
"by BlueUnderwear on Tuesday, May 02, @04:15PM EST (#248)"
"by smartin on Tuesday, May 02, @02:20PM EST (#86)"

Comments Containing Links to Internet Sites with Unauthorized Copies of the Specification:
"by ka9dgx on Tuesday May 02, @2:52PM EST (#133)"

Comments Containing Instructions on How to Bypass the End User License Agreement and Extract the Specification:
"by myconid (my S conid@ P toge A the M r.net) on Tuesday May 02, @07:27PM EST (#362)"
"by markb on Tuesday May 02, @05:47PM EST (#321)"
"by Sami (respect.my@authorita-dot-net) on Tuesday May 02, @01:47PM EST (#19)"
"by iCEBalM (icebalm@[NOSPAM]bigfoot.com) on Tuesday May 02, @01:52PM EST (#33)"
"by Jonny Royale (moc.mocten.xi@notners) on Tuesday, May 02, @01:59PM EST (#51)"
"by rcw-work (rcw@d.e.b.i.a.n.org.without.dots) on Tuesday, May 02, @07:12PM EST (#353)"

Under the provisions of the DMCA, we expect that having been duly notified of this case of blatant copyright violation, Andover will remove the above referenced comments from its servers and forward our complaint to the owner of the referenced comments.

This email notification is a statement made under penalty of perjury that we are the copyright owner of the referenced Specification, that we are acting in good faith, and that the above-referenced comments, as part of http://www.slashdot.org, is posting proprietary material without express written permission.

We request immediate action to remove the cited violations from Andover's servers, in accordance with the provisions of the Digital Millennium Copyright Act of 1998.

This email is not intended to waive any of our other rights and remedies.

Please confirm your receipt of this request by responding to this email. Also, confirm the status of this request either via email or via the following contact mechanisms:

By mail:
J.K. Weston, Designated Agent
Microsoft Corporation
One Microsoft Way, 114/2314
Redmond, WA 98052
By phone:
(425) 703-5529
By email: jkweston@microsoft.com

---------------------------

To: J.K. Weston"

From: Robin Miller

Subject: Notice of Copyright Infringement under the Digital Millennium Copyright Act

Dear J. K. Weston:

Per your request, we are posting your e-mail on this subject on Slashdot.org to help you relay your position to our users.

The balance of your e-mail's content is somewhat puzzling to us. I'm sure you agree that freedom of speech is at least as important a principle under American law as the freedom to innovate, so I'm sure that you personally, and Microsoft corporately, will understand our hesitation to engage in censorship.

Indeed, after reflecting on the nature of freedom for a little while, you may wish to withdraw your request that we remove readers' comments from Slashdot. Please realize that if we censor our readers's posts because they contain ideas Microsoft does not wish to have made public, we may set an unhealthy precedent for other online news outlets and online service providers, including those owned in whole or in part by Microsoft itself.

Meanwhile, in case Microsoft does not decide to have a happy change of heart and support a free and open Internet (which would certainly be in everyone's best interest), we have sought advice both from our attorneys and from our readers about what, if anything, we should do next.

Please expect a formal reply to your request that we censor our readers' comments, which we allow them to post on Slashdot as freely as Microsoft allows user-generated content to be sent through Hotmail and through chat facilities and discussion groups hosted on MSN.com servers, as soon as we receive wise counsel not only from our attorneys, but also from concerned members of the Slashdot community and other interested parties.

Sincerely,

- Robin "roblimo" Miller

Editor-in-Chief,
Andover.net