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Automated DMCA Notices Still Full of Lies

dbaker writes "The MPAA filed a DMCA takedown notice against Superconnect, a software company. The letter is available here that demands the removal of roughly 120K of open-source TCL code that they believe to be a 'copyrighted motion pictures.' This is definitely a surprising case of the guilty until proven innocent world that the DMCA provides." And yet another: enrico_suave writes "The Entertainment Software Association falsely accuses the Interactive Fiction archive of pirating Doom 3. doom3.zip is a 114kb freeware DOS game from 1988. Reminiscent of when the RIAA sent C & D's to a Professor Usher who had an usher.mp3 file posted on his website."

24 of 513 comments (clear)

  1. MPAA should compare MD5SUMs by Anonymous Coward · · Score: 5, Funny

    Oh, wait.

    1. Re:MPAA should compare MD5SUMs by Colonel+Cholling · · Score: 5, Funny

      Yeah dude, I totally remember the MD5s, they had that song "Kick out the Jams," man, it like totally rocked.

      --

      I am Sartre of the Borg. Existence is futile.
  2. Why Not Try To Screw The RIAA/MPAA? by Anonymous Coward · · Score: 5, Interesting

    Why don't all the geeks in a collective act of corporate law disobediance just start using files with the names of copyrighted music/movies/literature/software and force the record and movie labels to waste tons of their financial resources sending out worthless legal letters?

    1. Re:Why Not Try To Screw The RIAA/MPAA? by rjelks · · Score: 5, Funny

      I'm gonna open a project for a FTP client on sourceforge right now. How does The_Princess_Diaries_2 sound?

    2. Re:Why Not Try To Screw The RIAA/MPAA? by snoopyjd · · Score: 5, Interesting

      But they would have to exert effort if you challanged their claim. A letter to their attornies, or a small claims suit would force them spend time reviewing the case. Since you would have nothing to fear, the files are not in fact copyrighted (assuming that you file name is general enough not to infringe their trademarks), you would have very little to risk other than your time.

      I think this is a great idea, I will begin post the files.

      --
      LIVE, Love, die
  3. Another thing by iamdrscience · · Score: 5, Informative

    This also reminds me of when the BSA tried to get a university to take down unlicensed copies of MS Office that were, in fact, copies of Open Office. Link here.

    Seriously, you'd think these people would bother to at least give files a once over before sending out cease-and-desist letters.

  4. Experiment... by IronMagnus · · Score: 5, Interesting

    I'm half tempted to go putting up nonsence zip files with movie names just for the hell of it, see if I get any emails.

  5. Overseas by Albanach · · Score: 5, Insightful

    Overseas, at least here in the UK, if you lose a court case you generally have to pay the other parties court costs. I can understand why you want people to be free to sue, but it seems that these days this is more a tool in favour of the big boys rather than a safety net for the little guy. Not that I expect the law to change, just making an observation.

  6. Sue by josh3736 · · Score: 5, Interesting
    As much as I hate advocating yet another lawsuit, I'd sue the bastards.

    This is ridiculous. The MPAA is sending off threatening legal letters to anyone who might even look suspicious.

    Thank you, DMCA!

  7. Re:Wow! by Brian+Boitano · · Score: 5, Funny

    maybe they've converted the episodes to ASCII or something...

    --
    What would Brian Boitano do?
  8. we hereby state... by robochan · · Score: 5, Insightful

    "Also pursuant to the Digital Millennium Copyright Act, we hereby state, und
    er penalty of perjury, that we are authorized to act on behalf of the owner
    s of the exclusive rights being infringed as set forth in this notification..."

    Is ANYONE that's gotten one of these ever going to call them on this bullshit and have them sent to jail for perjury?

    --
    ...Rob
    The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    1. Re:we hereby state... by Anonymous Coward · · Score: 5, Informative

      This has been answered on slashdot before:

      http://interviews.slashdot.org/article.pl?sid=03 /0 7/24/1326224&tid=123&tid=95&tid=11

      Your question raises an important point. We feel strongly that everyone should comply with the requirements of all laws. Legal process under the DMCA or any other provision of law should be undertaken with the utmost care and good faith. Failure to do so undermines the credibility and effectiveness of our legal system.

      Having said that, it appears your interpretation of the language in 512 (c)(3)(vi) is in error. The phrase "under penalty of perjury," applies to the representation that the complaining party is authorized to act on behalf of the copyright owner. It does not apply to the accuracy of the information about the alleged infringement. Quoting federal district Judge Bates in Verizon v. RIAA, The DMCA also requires a person seeking a subpoena to state, under penalty of perjury, that he is authorized to act on behalf of the copyright owner, 257 F. Supp.2d 244, at 262. In other words, the perjury clause may be violated if you seek a DMCA subpoena without the authorization of the copyright owner.

      We are unaware of any prosecutions for violating this provision of the DMCA at this time.

  9. Where did the Season 1-7 come from? by erick99 · · Score: 5, Insightful
    Okay, I can *almost* understand the xfiles part, though why they don't check themselves before sending these letters out is beyond me. But the part about the season?:

    Infringement Detail: Infringing Work: X-FILES, THE Season 1-7

    There is nothing on their website that I could see that discusses an "xfile" as anything other than some organization software and certainly not any "seasons." These folks are very arrogant in their assumptions that the word "xfile" will always mean the tv show of the same name.

    Cheers,

    Erick

    --
    http://www.busyweather.com/
  10. Let us hope... by Zorilla · · Score: 5, Funny

    ...that no upcoming movie becomes named "stdio.h" or we're all screwed.

    --

    It would be cool if it didn't suck.
    1. Re:Let us hope... by mopslik · · Score: 5, Funny

      ...that no upcoming movie becomes named "stdio.h" or we're all screwed.

      I think SCO's already got that one covered.

  11. DMCA Honeypot by Anonymous Coward · · Score: 5, Interesting

    This almost makes me want to start a DMCA honeypot. I could put a whole bunch of small meaningless non infringing files with names chosen to attract what appears to be a spider run by the MPAA.

    Then I could see just how many automated C&D letters I could generate!

    That would be fun. If only I had the time to deal with deluge of C&D letters.

  12. Good Faith? by joranbelar · · Score: 5, Interesting
    Quoth the beast (emph. mine):
    On behalf of the respective owners of the exclusive rights to the copyright ed material at issue in this notice, we hereby state, pursuant to the Digit al Millennium Copyright Act, Title 17 United States Code Section 512, that the information in this notification is accurate and that we have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, their respective agents, or the law.

    Anyone know how loosely interpretable the term "good faith belief" is? It seems like it would be trivial to prove (say, in court) that they obviously do NOT have any good faith belief, and that this is simply the result of some mindless spidering program. In a perfect world, you'd be able to force them into spending a little more money policing themselves, and every little bit counts, right?

  13. Under Penalty of Perjery ... by Physics+Dude · · Score: 5, Insightful
    "... we hereby state, pursuant to the Digit al Millennium Copyright Act, Title 17 United States Code Section 512, that the information in this notification is accurate and that we have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, their respective agents, or the law.

    Also pursuant to the Digital Millennium Copyright Act, we hereby state, under penalty of perjury, that we are authorized to act on behalf of the owners of the exclusive rights being infringed as set forth in this notification"

    Any casual look at the content of this 113kb file is enough to determine without a doubt that these are NOT infringing files. There should be a law against this type of harassment without so much as a glance at the facts.

  14. They should send a reply like this... by optimus2861 · · Score: 5, Funny
    The operators of this BitTorrent tracker site got hit with a DMCA C&D from Dreamworks over alleged hosting of a copy of "Shrek 2". One little problem: the site's in Sweden, where the DMCA doesn't apply. (Obviously).

    The reply letter included these gems:

    As you may or may not be aware, Sweden is not a state in the United States of America. Sweden is a country in northern Europe. Unless you figured it out by now, US law does not apply here. (...)

    It is the opinion of us and our lawyers that you are fucking morons, and that you should please go sodomize yourself with retractable batons.

    1. Re:They should send a reply like this... by Soul-Burn666 · · Score: 5, Interesting

      Reminds me of the ADV vs mirkx case. (ADV = big anime licenser in the US. mirkx = anime torrent site).

      ADV's letter:
      June 22, 2004

      RE: http://mirkx.com

      To Whom It May Concern:

      This office represents A.D. Vision, Inc. (ADV) and its affiliated companies that own and/or are exclusively licensed to use the following protected work (the "Protected Work"):

      Azumanga Daioh
      DN Angel
      Getter Robo Armageddon
      Kaleido Star
      Kimagure Orange Road
      King of Bandit Jing
      Pretear
      Puni Puni Poemy
      RahXephon
      Saint Seiya

      Through our Internet monitoring program, we recently discovered unauthorized use of our Protected Work in connection with your website (mirkx.com) (the "Site"). Specifically, the Protected Work is being offered for Internet download, copying and distribution through a Bit Torrent server, and potentially through a File Transfer Protocol server.

      Our intellectual property rights are our most valuable assets. In order to promote a cooperative and beneficial relationship with fans, ADV prefers to send out written requests such as this first, rather than institute litigation or request that your ISP disable your Site. Notwithstanding the foregoing, unauthorized copying and distribution of ADV's protected works (including images) constitutes an infringement of one or more of ADV's rights under the copyright laws of the United States, Canada and other jurisdictions throughout the world. Applicable law provides for substantial penalties for such infringement, including injunctive relief, attorney's fees, and damages. ADV has instituted litigation in the past, and in every such litigation, ADV prevailed. If necessary, ADV will not hesitate to take such action again to insure that its rights are fully protected.

      Therefore, without limiting any right, remedy or defense available to us, ADV MUST ASK THAT YOU IMMEDIATELY:
      1) Delete and cease all further use of the Protected Work, and any other unauthorized ADV works, from the Site.
      2) Remove and delete all copies of the Protected Work, and any other unauthorized ADV titles, from any other distribution channel owned, operated or otherwise controlled or accessible by you or those to whom you grant access including other web sites, FTP servers, web-based storage services, peer-to-peer systems and the like (each of the foregoing being a "Channel").
      3) Remove and delete all references, pointers and hypertext links pertaining to infringing copies of the Protected Work from all such Channels.

      If you are unsure of whether any other titles related with your Site are ADV Protected Works, or you would like to be more pro-active in your awareness of our licensed titles for future reference, please check with the official ADV site www.advfilms.com or our customer service department.
      We also ask that you please advise us in writing within five (5) days from the date of this notice as to whether you will comply with our request so that we can determine whether any additional action will be required beyond this point. I trust this will receive your prompt attention, and if there is anything I can help you with in future, please let me know.

      Sincerely,

      Enforcement Team
      Anti-Piracy Division
      A.D. Vision, Inc.

      And the reply:

      Public reply from mirKx.com: (06.28.2004)
      MirKx.com is not under North American's laws. It is unfortunate that this Site is available in North America, since it has only been made for Comoro Islands' inhabitants, where mirKx.com is acting from. Moreover, the referenced international copyright laws don't apply, since the Comoro Islands:
      - didn't sign the International Berne Convention of 1886
      - is not a state member of the WIPO.

      MirKx.com is acting as an AUTOMATIC index of links, and the Protected Work you make reference to are NOT hosted on this server. If y

      --
      ^_^
  15. Well, I think it's actually pretty funny. by ackthpt · · Score: 5, Funny
    Is ANYONE that's gotten one of these ever going to call them on this bullshit and have them sent to jail for perjury?

    I'm actually pretty jealous they get these kinds of things. I should put up a page on my site with some old junk files, like resumees or code from old projects tar'd and gz'd and see if I can attract one of these fine letters. I feel it's important to be the first one on my block to receive and frame one of these masterpieces, before all you other weasels realize what fun this could be and set up your own web pages with likenamed and structured directories and files.

    Suppose after they've spun tens of thousands of these things they might realize they're on the wrong track with automating such a lame process?

    /pub/downloads/iron/giant.tar.gz
    /pub/downloads/lotr.tar.gz
    /pub/downloads/space/balls.tar.gz
    /pub/downloads/fahrenheit/911.tar.gz

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Well, I think it's actually pretty funny. by gregmac · · Score: 5, Interesting

      Suppose after they've spun tens of thousands of these things they might realize they're on the wrong track with automating such a lame process?

      That would be an interesting protest. If a whole crapload of people were to setup file structures like that on ie, free hosting providers, isp webspace accounts, whatever, it would act as kind of a DDoS attack against their process, with the two pronged effect of getting the ISPs completely irritated at having to deal with hundreds or thousands of C&D's that are all groundless - which would hopefully lead to the ISPs either ignoring them, or lobbying for some kind of law that restricts their behaviour

      --
      Speak before you think
  16. Re:Wow! by marco0009 · · Score: 5, Interesting

    Whoever did this has too much free time: ASCII Star Wars

    --
    Physics makes the world go 'round.
  17. Re:Wow! by Dever · · Score: 5, Informative
    damn, first time for everything. the link is here and it is http://cbservices.dyndns.org/Anti-DMCA/

    --
    - I'd prefer not to.