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EFF Forces DMCA Abuser to Apologize

destinyland writes "The EFF just announced victory over a serial abuser of DMCA copyright notices. To set an example, their settlement required Michael Crook to record a video apology to the entire internet for interfering with free speech. He's also required to withdraw every bogus DMCA notice, and refrain from future bogus notices, never contest the original image again, and take a remedial class on copyright law. He'd attempted to use flaws in the DMCA to censor an embarrassing picture of himself that he just didn't want appearing online — but instead the whole thing backfired."

27 of 222 comments (clear)

  1. Copyright Ownership? by JonathanR · · Score: 5, Funny

    Who will own the copyright to the apology video?

    1. Re:Copyright Ownership? by Shimdaddy · · Score: 4, Informative

      As stated in TFV (the fine video) 10 Zen monkeys and Mondo Globo own the movie.

    2. Re:Copyright Ownership? by Gabriel_503 · · Score: 4, Interesting
      On his website he claims the subject of a photograph should have copyright of it, that using the image should require written consent, and that abusers should pay $50-1,500 in fines.

      Suppose you put an online family photo album up. You would never dream of asking your family for written consent, in fact that would sound insulting. Then your cousin gets pissed at you and decides to sue so that you get fined.

      This guy's a frigging genius. With laws like this, you might as well use that new digital camera as a bookend.

    3. Re:Copyright Ownership? by Anonymous Coward · · Score: 3, Funny

      Wait, first I'm selected Time Magazine's Person of the year and now this?

  2. That's it? by omeomi · · Score: 4, Insightful

    He'd attempted to use flaws in the DMCA to censor an embarrassing picture of himself that he just didn't want appearing online

    That's it? They finally get a serial abuser of the DMCA to apologize, and it's just some guy with a nudie picture that he didn't want people to see? How about getting an **AA or something to apologize for *really* infringing on free speech/expression?

    1. Re:That's it? by StringBlade · · Score: 5, Informative

      If you search around a bit (Google cache helped here) you'll see that it wasn't a nudie picture he was embarrassed about, it was his entire bit on Hannity and Colmes where they verbally beat him down for badmouthing our troops. He figured that he owned his own image and that somehow the DMCA gave him the power to prevent the reproduction of his image in that broadcast.

      Naturally you don't own the copyright to your image if someone else takes a picture of you and you sign a waiver giving up your copyright to that particular image and likeness.

      In the end, he's just a sad, disillusioned jerkoff who does things the American Way(TM) - without thinking about or understanding his actions.

      --
      ...and that's the way the cookie crumbles.
  3. Why not Purjury by silas_moeckel · · Score: 4, Interesting

    Since the guy appears to have made knowingly false statements under penalty of perjury clause of the DCMA when will the DA file the criminal charges????

    --
    No sir I dont like it.
  4. exile by mastershake_phd · · Score: 4, Interesting

    apology to the entire internet
     
    I think he should be banned from the internet, hey they did it to mitnick.

  5. The best apologies... by Chairboy · · Score: 4, Interesting

    The best apologies are the ones that are forced by court order.

    BTW, here's a good indicator of how sincere he is: http://www.stopfairuse.info/

    1. Re:The best apologies... by PhxBlue · · Score: 4, Informative

      Good find! If you don't like Crook's two-faced approach to his case, feel free to write him a letter or give him a call:

      Michael Crook
      8417 Oswego Rd. #179
      Baldwinsville, NY 13027
      Phone: 347-218-7773
      Email: mcwhoismail@gmail.com

      Info courtesy of Whois.net.

      --
      !#@%*)anks for hanging up the phone, dear.
  6. First you go after an obvious scumbag ... by Ungrounded+Lightning · · Score: 4, Informative

    ... with shallow pockets. Once the precedent is established you use it to go after people (scumbags or otherwise) with deeper pockets.

    That's why prosecutors start a child molester, if possible, when they're prosecuting the first case under a new censorship law.

    Works just as well for the good guys:

      - Start with some idiot who both exposed himself in public as part of a scam and used bogus DMCA takedown notices. Get the precedent established that bogus DMCA takedown notices are wrong and you can be punished for them.

      - Next go after somebody who used bogus takedown notices without exposing himself or committing other previous (but somehow related) scams, but DID cause a bunch of financial and/or other damage by his activities. Establish that he has to pay for the damage plus a penalty.

      - THEN take on the MAFIAA.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:First you go after an obvious scumbag ... by putaro · · Score: 3, Insightful

      Start showing up at Congresscritters' doors with a dump truck full of money. Seriously. The MPAA and RIAA have been lobbying, hard, to get this stuff in place to protect their little industry. And it is a *little* industry. The record industry, as a whole, grossed about $40 billion last year. In contrast, IBM had revenue of $91 billion dollars in 2005. Yet these little schmucks have managed to screw up the whole computing and consumer electronics industry with their nonsense. Why? Because they were much more effective at lobbying.

  7. Could somebody ... by Etyenne · · Score: 4, Funny

    ... just post a link to the embarrassing picture in question ? I don't care about TFA being slashdotted, I just want to make fun of the idiot.

    --
    :wq
    1. Re:Could somebody ... by SirTalon42 · · Score: 3, Informative

      http://edified.org/external/crook

      Link is work safe. He looks like a mix of michael jackson and some stupid emo kid that has been crying (it looks like he has black eyeliner thats running down his face!).

      I probably shouldn't be calling people emo while listening to My Chemical Romance...

    2. Re:Could somebody ... by InsaneMosquito · · Score: 5, Informative
  8. Fox owns this image... by ProfessionalCookie · · Score: 3, Insightful

    For anyone who missed the original article it's all about this image which is not owned by Michael.

    It's not even that bad...hehe.

    1. Re:Fox owns this image... by indros · · Score: 3, Funny

      My god! I was wondering what had happend to Balki!

  9. Re:lucky guy by ZachPruckowski · · Score: 4, Funny

    He got off easy. The original settlement required that he be sodomized by a Clydesdale.

    No Clydesdales were willing to go near him. Even with blinders on. It's the smell, apparently.

  10. hypocritical =b by fugu · · Score: 3, Interesting

    He wants to stop fair use, but I'm guessing he doesn't hold the copyright for the picture of Emma Watson that he used in this post on his blog

  11. Michael Crook? by secolactico · · Score: 4, Informative

    I didn't know who the guy was so I looked him up.

    Man's a creep. So he posts pictures of men he baits on craiglist posing as a woman but his image should be considered off limits? Hypocrite, to say the least.

    What's good for the goose is good for the gander. Every action has a reaction. Play with the bull, get the horns. Crap, I just ran out of clichés.

    For those who can't access 10zenmonkey, you can read a short blurb here.

    Not sure why he got all worked up for that picture anyway. I look way worse on most of my photos. And usually with my eyes closed.

    --
    No sig
  12. Lie! by jma05 · · Score: 5, Interesting

    This guy is a bare faced liar. He does not seem to have learned a bit about basic decency and continues to remain the perfect example of a "griefer".

    "I had an honest belief that one could control their image when it was used contrary to the original intent"

    And what was the original intent of the posters Crook tricked into giving their private pictures. It is unbelievable that he expects people to believed all this while doing the exact opposite. He must live in some kind of bizzaro world.

    "Who knew you can't control your own image?"

    Wasn't it the same confidence that one can't, that allowed him to do this in the first place? And yet when it comes to him the rules don't apply.

    "The appearance on Hannity and Colmes was very embarrassing for me"

    And I thought all along that he did not know the meaning of embarrassment. Or maybe, he just lacked empathy. For those out of the loop, he called the troops "scumbags" and "pukes" on his web site for which he was called to the show where he was completely unprepared to give any valid response. Other quotes from Crook on the soldiers - "What idiots risk their life for a country...? Let 'em die in combat - we don't need their ilk in this country!".

    "I firmly believe that he chose the photograph in an attempt to attack and unduly humiliate me"

    Unlike his compassionate treatment his victims? Crook said "he's enjoying exposing the perverts" and "pathetic men".

  13. Close, but not quite right by lorcha · · Score: 4, Informative

    Naturally you don't own the copyright to your image if someone else takes a picture of you and you sign a waiver giving up your copyright to that particular image and likeness.
    Whoever creates a work owns the copyright, unless the creator signs away the copyright (in the case of work for hire, etc.) So if I take a picture of you, your dog, even Michael Crook, I own the copyright on that image.

    What you are thinking about in your post is what's called a "model release". It's a little wrinkle in copyright law. It says that even though I own the copyright to anything I create, I can't use that photo commercially if there is a person who can be identified in the photo unless that person gives permission. But make no mistake about it. If I take a picture of you, I can display it wherever I want (including my webpage), as long as I'm not using it commercially, without your permission.

    This is why the newspaper can post your picture in an article, even if you object to it. It's called an "editorial" work.
    --
    "Avoid employing unlucky people - throw half of the pile of CVs in the bin without reading them." -- David Brent
  14. Re:My God! Who is in that other picture next to hi by theshowmecanuck · · Score: 3, Funny

    No, it's Colmes. Or did you mean...

    --
    -- I ignore anonymous replies to my comments and postings.
  15. Re:No Wikipedia page. by Gunslinger47 · · Score: 3, Informative

    Someone should do a Wikipedia page on him.
    No, no they should not.
  16. This guy is not normal by JayAEU · · Score: 3, Insightful

    Has anybody actually read what he says in his blog?

    Taken from http://www.michaelcrook.org/thedmcacase.html, where he's talking about this (http://www.michaelcrook.org/extrafiles/crook.jpg) screenshot of his:

    "And hey, I rather like this screenshot. It makes me look like Hitler and shit. Cool beans-- it was exactly the statement I was trying to make."

    I'm still sitting here with my jaw hanging down after having read this! I think not only should he be sent to a basic lesson of copyright law, but also to a history lesson focussing on WW2!

  17. Apologetic by Sloppy · · Score: 4, Insightful
    From here:

    In total, this case had to have cost the EFF at least $46,000 in attorney's fees and costs, whereas all I will have spent after the copyright courses is $215.00. Sometimes, not being wealthy rocks. Not being wealthy sucks when you're at the strip club, and down to your last $20 just when the girl is willing to "do a little more".

    It's good to see that he has learned his lesson, instead of revelling in the destruction caused by the inefficiencies of the legal system.

    What a seriously evil asshole.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  18. My favorite comment on this topic... by gwoodrow · · Score: 3, Funny

    ...isn't from slashdot. It's the last part of this page:

    "I can foresee a day when this community of nihilistic pranksters hold its first convention, and they spend a week at the Marriott sneaking up on each other, flicking each other's ears and laughing until they drool."