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Blizzard Gets DMCA Smackdown From Sony
tdye writes: "Blizzard has apparently released an internal memo banning P2P software inside the company. They've been served by Sony with a DMCA note, based on rampant music sharing inside Blizzard. I guess what goes around, comes around! You can see it on Declan McCullagh's PoliTech website."
But really how many of us have mp3s on work computers? Quite a few I would imagine. Just think of the liabilty you are posing to your work.
How many have work sponsered mp3 servers? TIme to reconsider that move.
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Surely we aren't all too busy gloating over blizzard being crucified that we've forgotten this fact..
Not Meta-modding due to apathy.
It seems to me that the email itself, which bans P2P networks, could be damaging. The lawyers could argue that it is kind of an admission of guilt. Ala Microsoft case.
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For attack BNetD, I think this should happen. I personally feel that the DMCA will just kill all companies eventually. Because lets face it:
If you played Pong, that means you played a game, perhaps you looked at pong when you wrote your current game. You had fun in Pong, and you have fun in your game... So who's to say you didn't reverse engineer "fun"?
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Did Sony actually know that Blizzard had this sort of thing going on, or do they just send letters like this out to every High Tech company under the theory that they've all probably got something going on?
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I imagine Blizzard will be really pissed-off at their employees who run p2p software, because it makes Blizzard look like a bunch of hypocrites-
Blizzard: Ooooh, ohooh, naughty people are creating a server that's compatible with battle.net and allows pirate copies. Ooooh, points my finger at them I do!
Sony: Oi, Blizzard! What's all that ILLEGAL music doing in your company, eh?
Blizzard: I hit you, Mr. Sony! I hit you with Dvareks Staff of Limitless Power, damage + 99 ! (Lie down, you're dead!)
graspee
Should Sony have sent a C&D to Blizzard? Perhaps.
It is okay to share music with your friends? Sure.
Is a P2P network a group of your "friends"? Probably not.
Is bringing MP3s to work okay? Sure, why not.
Is using company time and bandwidth to download and search for MP3s on a P2P network a good idea? uhh, NO, you're at work!
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This isn't hurting the assholes/lawyers that are trying to squash bnetd though. It's hurting the programmers that wrote great games like war2 and diablo.
Double whammy for us, I would think. You people cuoldn't be more confused about what this really means. What's next, celebrating the death of one of the corporate attourneys, the only one who had the dissenting opinion to just leave bnetd alone(not that there is such a lost soul at Vivendi)?
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It seems many of you think this is a good thing because of thier atacking the bnetd project. You all really couldnt be more hypocritical. An eye for an eye makes the whole world blind. Blizzards actions may have been wrong, but so are sonys (arguably). If you are going to condem one instance of it, you should condenm every single action taken by a corporation that tries to limit the freedom of others to protect thier profits. To do otherwise makes you look very dumb.
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what happens when all software that would allow file sharing between computer is removed.
I'm sorry boss, I can't connect to the computer to get that file.
all the ftp and telnet servers have been deleted. talk to sony.
The Kruger Dunning explains most post on
Sony has contracted with a third party to spider the web looking for Sony music on P2P networks and then a form letter is generated with the IP address and any other info they can get, and sent to the domain contact name.
I had to do a search and destroy on one of these memos a few months back. But basically what we got just said to remove the offending material, go forth, and sin no more.
Maybe this is something different, dunno.
Once Blizzard employees stop using up all the bandwidth for P2P apps, perhaps BattleNet will get the bandwidth it needs.
I work in the IT department of a major US University and, at least on our campus, these C/D letters have been popping up quite frequently lately. It appears that Sony (and maybe other major labels) must be running some sort of harvesting software that just searches for songs to which they hold copyrights, does a quick "whois", and mails off form letter style nasty grams to the contact listed. fyi, they look something like this (identifying info is X'd out, I like my job :)
original complaint:
RE: Unauthorized Distribution of Copyrighted Work: X
Dear X University:
As you may know, the musical group X is currently subject to a recording agreement with Sony Music ("Sony") pursuant to which Sony is entitled to X's exclusive worldwide recording services and the exclusive, worldwide right to distribute all audio and audiovisual recordings recorded during the term of that agreement through any and all media, including distribution via the Internet.
We have received information that an individual located at X.X.X.X on your network has offered downloads of the above-mentioned work(s) at the noted date and time through your service. No one is authorized to perform, exhibit, reproduce, transmit, or otherwise distribute the above-mentioned work without the express written permission of Sony, which permission Sony has not granted to the user located at X.X.X.X.
The attached documentation specifies the account or username offering this infringing material, the name and size of the file being offered, the number of repeat violations recorded at this specific location, as well as any available identifying information.
We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the site from your system or (in the case of a peer-to-peer service) disable access to this site; or at a minimum delete the infringing files that have been downloaded.
In addition, we ask that you inform the individual(s) involved of the illegality of his or her conduct and confirm with us, in writing, that this activity has ceased.
You should understand that under the Digital Millennium Copyright Act, if you ignore this notice, your company/institution may be liable for any resulting infringement.
As owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by Sony, its respective agents, or the law.
Also, we hereby state that we believe the information in this notification is accurate, and, under penalty of perjury, that we are is authorized to act on behalf of Sony.
The foregoing is not a full recitation of the facts and law pertaining to this matter, and all of our rights and remedies, including the right to
recover monetary damages, are expressly retained.
We appreciate your assistance and thank you for your cooperation in this matter. Please contact us at anti-piracy@sonymusic.com should you have any questions.
In your future correspondence with us, please refer to Case ID X.
Your prompt response is requested.
Sincerely,
Anti-Piracy Group
Sony Music Entertainment Inc.
550 Madison Avenue
New York, NY 10022
Infringment Detail:
Infringing Work: X
Filename: X.mp3
First Found: X/X/2002 X:X:X AM EST
Last Found: X/X/2002 X:X:X AM EST
Filesize: Xk
IP Address: X.X.X.X
Network: KaZaA
Protocol: FastTrack
Username: X@KaZaA
...for sharing files is Windows File Sharing. Just right click on a folder of mp3's and switch on sharing to let your colleagues enjoy your collection. I would just love to see it outlawed.
-- SIGFPE
The comedy of this is that Blizzard is owned by Vivendi Universal, one of the big 5 record labels, as well as a member of the MPAA.
Quit feeding the trolls. MP3 files are perfectly legal - the MP3 I rip for my personal use to avoid scratching the original disc are no more illegal than the tapes I dub so I can listen to the same songs in my car. The RIAA lawyers may play dumb, but this is clearly covered as fair use.
What's illegal, maybe, is sharing those MP3 with others in your office. Or it may be legal as well - fundamentally no different than people playing their own personal CDs in a community player. This wouldn't be legal in a "commercial establishment," but the latter refers to businesses open the public such as bars and restaurants, not offices.
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Entertainment copyrights.
Isn't an illegal act of circumvention NOT a copyright infringment, but a totally different tort/offense? That is why fair use is apparently not a defense against it (the Constitution not withstanding). Bypassing the lock and unauthorized use of the content protected by the lock are 2 different things. (17 USC 1201 violation versus violation of the copyright specific part of Title 17).
Anyone else find this strange?
Note, the complaint says circumvention .. thereby .. infringement. This means the the first implies the second. This is a much stronger statement than just that circumvention allows infringement - it states circumvention IS infringement - not even the DMCA says that.
Just because it CAN be done, doesn't mean it should!
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