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Google Pulls Open Source CoreAVC Project Over DMCA Complaint

rippe77 writes "Google has taken down the open-source project CoreAVC for Linux due to a DMCA complaint. The CoreAVC codec is a commercial high-definition H.264 DirectShow filter for windows provided by CoreCodec Inc.. The CoreAVC for Linux project provided various patches for Linux applications (mplayer, MythTV, xine) to use these DirectShow decoder filters in Linux. The takedown is quite controversial, as the CoreAVC project did not provide any copyrighted material — only the means to use the DirectShow filters in Linux." (The takedown notice is not yet up at Chilling Effects, but Google's page has a link that will take you there when it is.)

50 of 207 comments (clear)

  1. This is why not to rely on Google, Sourceforge, &a by base3 · · Score: 4, Insightful

    They drop projects faster than Paris Hilton's panties in the face of legal threats. Version control over Freenet or the like would be a good start.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  2. File a counter notice by RedWizzard · · Score: 5, Insightful

    If Google have received a notice then they have no option but to take down the site. Someone needs to file a counter notice, then Google will reinstate them.

    1. Re:File a counter notice by RedWizzard · · Score: 4, Informative

      The law is clear: they get a notice they have to take down the material in question. Of course they have a legal department, and that department will be telling them to take it down.

    2. Re:File a counter notice by BobPaul · · Score: 5, Insightful

      Well, they don't *have* to take it down. It's just that if the DMCA complaint is valid, then Google and the person responsible for posting the content can both be held liable if Google doesn't.

      From a legal standpoint, it looks like it's wise for Google to always take stuff down. However, from a customer retention standpoint, it might be wise for Google to occasionally refuse when DMCA notices are blatantly inaccurate.

    3. Re:File a counter notice by v1 · · Score: 5, Insightful

      Correct me if I'm wrong here, but they do not have no option here. The safe harbor thing basically says if you take it down immediately they can't sue you. So if they are not in the right to ASK you to take it down, you can tell them where to stick it. (and maybe then they sue you anyway, but that's always how it goes)

      Just taking it down is of course the safer route, but them you get into the use of takedown notices as a scare tactic, sent out in many more cases than are appropriate, and still getting almost everything taken down.

      Insta-caving to takedown notices just encourages them to abuse them more tomorrow, so this should not be looked upon as a good thing. Sure, if they sent YOU a takedown notice, maybe it would be prudent to take it down since you can't really lift a lawsuit even if you ARE in the right, but then there's even that 1% chance they find against you and you lose your shirt. Google on the other hand, has deep pockets and real lawyers on retainer that can evaluate a takedown notice, determine if it's something they need to comply with or not, and tell them where to shove it if they can.

      --
      I work for the Department of Redundancy Department.
    4. Re:File a counter notice by zappepcs · · Score: 5, Insightful

      You have to look at it like Google's legal team will be looking at it: Pick your battles! While this might clearly not be right, is it the one that we want to take to court? What are the 14 chess moves if we leave it up? How will this come out in court and will it hurt our position in ANY other legal situations?

      What Google really needs here is someone to tell them Hey, put that back up! here's the counter DMCA notice! Then Google risks little in terms of far reaching results of putting it back. That is the way the DMCA works, so somebody on the project should do that, pronto, asap, yesterday even.

    5. Re:File a counter notice by RedWizzard · · Score: 5, Informative

      Well, they don't *have* to take it down. It's just that if the DMCA complaint is valid, then Google and the person responsible for posting the content can both be held liable if Google doesn't. IANAL, but it's not clear to me that Google can relinquish safe harbor status for one complaint without also relinquishing it for all other complaints. Far better to let the user deal with it - all they have to do is post a counter notice. It's not hard. Why would or should Google risk themselves just to save a user from having to post a counter notice?

      From a legal standpoint, it looks like it's wise for Google to always take stuff down. However, from a customer retention standpoint, it might be wise for Google to occasionally refuse when DMCA notices are blatantly inaccurate. That is true only if there are other ISPs that refuse to take down content. I'm not aware of any.
    6. Re:File a counter notice by Barraketh · · Score: 3, Insightful

      And if I had the private number to Larry's and Sergey's yacht, I'd call them and give them a piece of my mind.

      And you would say... what exactly? Google is doing nothing more than obeying the law. The law very clearly states that in order to have 'safe harbor' protection from copyright infringement lawsuits, Google must take down the content, and it's up to the person who put it up in the first place to challenge the DMCA notice.

      I don't think Google could fight this particular battle even if they wanted to. I'm not entirely sure about this point, but I think DMCA is an all or nothing deal - you either don't monitor any content, or you monitor all of it, so if they don't obey this DMCA notice, they're liable for all the other copyrighted material they host/link to.

      The point is, you don't like it - feel free to lobby congress to change the law, or start a defense fund so that the CoreAVC team can go to court and prove they're not infringing on anyone's copyrights. Just don't blame Google for obeying the law of the land.
    7. Re:File a counter notice by russotto · · Score: 3, Insightful

      I don't think Google could fight this particular battle even if they wanted to. I'm not entirely sure about this point, but I think DMCA is an all or nothing deal - you either don't monitor any content, or you monitor all of it, so if they don't obey this DMCA notice, they're liable for all the other copyrighted material they host/link to.


      Actually, no. The DMCA does not create any liability. Whatever protection from liability existed before the DMCA still exists. See 17 USC 512(l) This protection was actually quite substantial; the main reason the copyright interests supported the DMCA is because in exchange for something they didn't actually have (liability for online hosting providers and search engines), they got something they wanted (takedowns outside the judicial process).

      Further, failure to act on one DMCA notice should not expose the provider to liability with respect to other unrelated claims of infringement; it would take some twisted legal maneuvering to get that one across (or perhaps a judge with the same motivations as the district judge in the Verizon case). The only way they could lose DMCA safe harbor for everything is if they didn't designate an agent to receive the notices.

      So yes, a service provider could receive, e.g., a notice from the James Bond people for "PussyGalore.jpg", check and see that it's a picture of your cats, and tell the James Bond people to stuff it, and still be protected by the DMCA safe harbor for "Octopussy.mpg" which turned out to be the actual movie.

    8. Re:File a counter notice by tepples · · Score: 5, Informative

      it's not clear to me that Google can relinquish safe harbor status for one complaint without also relinquishing it for all other complaints. Far better to let the user deal with it - all they have to do is post a counter notice. And the user eats all costs of business interruption while the disputed content stays down for a minimum of two weeks (10 business days).
    9. Re:File a counter notice by RedWizzard · · Score: 3, Insightful

      it's not clear to me that Google can relinquish safe harbor status for one complaint without also relinquishing it for all other complaints. Far better to let the user deal with it - all they have to do is post a counter notice. And the user eats all costs of business interruption while the disputed content stays down for a minimum of two weeks (10 business days). Yes. If the cost is really that high the user is free to sue to recover those costs. The law sucks, I'm not defending it. I just don't see why people expect Google to assume the risks.
    10. Re:File a counter notice by tepples · · Score: 2, Interesting

      If the content were that important to a business, it would probably make sense to pay $10/year for a domain, and roughly $20/month for hosting. The $20/mo hosting provider still has to take down the content for two weeks to keep its own safe harbor under the DMCA or foreign counterparts.
    11. Re:File a counter notice by RedWizzard · · Score: 2, Informative

      Did you mean sue the party who served the notice? Yes.
  3. Where Else? by TubeSteak · · Score: 5, Interesting

    Google and SourceForge may be convienent, but US coders should really start to consider hosting in countries that do not have DMCA-esque laws.

    --
    [Fuck Beta]
    o0t!
    1. Re:Where Else? by smittyoneeach · · Score: 4, Interesting

      As long as people continue to want entities like the US Fed, the EU, and the UN to solve all of their problems, we can expect more, not less, crappy legislation.
      Concentrated power makes manipulation too easy.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    2. Re:Where Else? by BobPaul · · Score: 4, Insightful

      DMCA is a US law. It can only be enforced in the US. This is why, for example, piratebay.org has been able to get by ignoring DMCA take down notices for the past several years.

      That said, I believe most EU countries, as well as Australia and recently Canada have laws similar to the DMCA. Other than Sweden I'm not sure of any specific countries that don't, though I'd venture to guess Russia, the middle east, india, china, the Koreas, africa, and most S american countries.

    3. Re:Where Else? by poetmatt · · Score: 5, Interesting

      Actually no, most countries do not use or follow a DMCA law. Israel for example, outright refuses it, as it allows abuse in the form of takedowns. Israel has like a "notify 3x before takedown" type scenario.

    4. Re:Where Else? by JustinOpinion · · Score: 5, Informative

      That said, I believe most EU countries, as well as Australia and recently Canada have laws similar to the DMCA. FYI: A DMCA-like law was proposed in Canada, but it was never ratified. Actually, it is being repeatedly tabled, but has always been struck down. For the time being, Canada doesn't have any DMCA-like legal provisions. (Refer to Michael Geist's blog for more information.)
    5. Re:Where Else? by BoberFett · · Score: 3, Insightful

      Only because the UN isn't a lawmaking body. If it were, you could expect their corruption to make corrupt politicians at the national level look like saints.

    6. Re:Where Else? by PingXao · · Score: 2, Insightful

      Like the IOC, International Olympic Committee. Has there ever been a more corrupt organiztion on the face of the earth? The mafia (no such thing), the RIAA, the MPAA, lawyers as a whole and bankers... take them all and roll them up into one big ball and they've got NOTHING over the IOC.

    7. Re:Where Else? by Anonymous Coward · · Score: 3, Funny

      Next thing you're going to tell me Australia is a continent!

    8. Re:Where Else? by aim2future · · Score: 2, Insightful

      And US citizens should consider a revolution against a system that can create things as insane as the DMCA.

      Earlier I wanted to move to US, but with the incredible development of the law system and its abuse of control this is not an attractive option any more.

      DRM is DefectiveByDesign , but DMCA is a law so insane that it is very hard to understand that a US revolution has not happened yet. The problem is probably that the coders who are aware about the problem is such a minority, despite that the hacker mentality would be to fix the problem with the system.

      DMCA, The US patent system and laws, The Patriot Act and the removal of Habeas corpus as well as the invention of DRM and region coding on DVD as well as an insecure social security and an insane health insurance system makes US an unattractive country.

      However, I like the US people and the US nature very much. I am an optimist (85% according a recent test) so I believe (and I got 100% in a self-esteem test...) that the US future can be fixed. I believe that those insane laws and inventions, as well as the social security system, medical security and also a fast , climate friendly, low energy communication system to replace the oil dependency can be developed within the next 20 years.

      With good ideas, optimism and persistence, things will change to the better!

      Hackers, coders, geeks, nerds, all over the world unite , there is a world that need fixing!

    9. Re:Where Else? by smittyoneeach · · Score: 2, Insightful
      After a crossover point, the government is the singleton coroporation.
      As I age, it becomes more apparent that Pink Floyd's "Welcome to the Machine" is really an unofficial anthem for a huge chunk of the population.

      At least government is nominally accountable to the people.
      This is a statement with lots of acceleration, but little mass, and therefore negligible force.
      Government accountability is about keeping decision-making power low in the hierarchy, where the decision-maker is more likely to live with the results (good or bad) of the decisions.
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  4. Yes.. by Svenne · · Score: 2, Informative

    You appear to have missed this sentence:

    "If you wish, you may read the DMCA complaint that caused the removal at ChillingEffects.org."

    --

    Slagborr
    1. Re:Yes.. by OverlordQ · · Score: 4, Informative
      And you appear to have missed the Editorial:

      (The takedown notice is not yet up at Chilling Effects, but Google's page has a link that will take you there when it is.)


      Hence:

      Notice Unavailable

      The cease-and-desist or legal threat you requested is not yet available.

      Chilling Effects will post the notice after we process it.
      --
      Your hair look like poop, Bob! - Wanker.
  5. Torrent? by JonTurner · · Score: 2, Insightful

    Or post a bittorrent link with the word "banned by DMCA" in the title, ensuring it will NEVER go away and may in fact increase distribution by increasing demand.

    It's 1st year economics: scarcity creates demand.

    1. Re:Torrent? by jlarocco · · Score: 2, Informative

      It's 1st year economics: scarcity creates demand.

      It's 1st year economics, and you managed to fuck it up anyway. Good job.

      Supply and demand do not cause each other. In other words, an item being scarce does not imply many people will want it. It implies that the people who *do* want it *may* have to pay a lot, but it doesn't automatically mean those people exist.

    2. Re:Torrent? by Anonymous Coward · · Score: 2, Insightful

      It's 1st year economics: scarcity creates demand.
      It's not 1st year economics - it's 1st year marketing. Keep something scarce, make it harder to get, increase buzz, increase demand. See, for example, the Wii. Or Gmail accounts once upon a time.
  6. Re:This is why not to rely on Google, Sourceforge, by Anonymous Coward · · Score: 4, Funny

    If it will help keep the panties on Paris Hilton, then I'm all for it.

  7. I figured this might happen. by Zombie+Ryushu · · Score: 4, Interesting

    The DMCA is starting to rear one of its real intent. Its use of takedown notices to suppress Linux and other OSS operating systems ability to get advanced technology because if the OSS OSes gain traction they could lose the control they have over multimedia and users could regain fair use rights.

    Hopefully, this project made it to the mplayer people in Hungary, or PLF. So it will still be availible.

    1. Re:I figured this might happen. by maxume · · Score: 3, Interesting

      That's insane.

      --
      Nerd rage is the funniest rage.
    2. Re:I figured this might happen. by Comsn · · Score: 4, Informative

      these patches were already sent to the MPlayer project.
      but were rejected for various reasons.

      here is the post which announced the coreavc-linux project:
      http://lists.mplayerhq.hu/pipermail/mplayer-dev-eng/2007-July/052959.html

      the coreavc codec is still faster than ffmpeg's ffh264 decoder. ffdshow has a multithreaded ffh264, but it was rejected by ffmpeg developers.

      ffmpeg has a GSoC project for multithreaded decoding of most codecs.

      http://code.google.com/soc/2008/ffmpeg/appinfo.html?csaid=9FD2BF705A5D5DBB

    3. Re:I figured this might happen. by Kjella · · Score: 5, Insightful

      Wow, how many conspiracy theories you managed to roll into one. With the abundance of free hosting, it's easy to do hit-n-run copyright infringement. It means that one uploads clearly violating content for others to download as long as it lasts until it's taken down. Sending a "we believe you're infringing on our copyright" notice to those uploaders is futile because it'd go unanswered and would only extend the time from something is put up until it can be taken down, if the contact information is valid at all. I've seen plenty comments here on how they wish the SCO vs. IBM case (and Novell etc.) go faster, well it doesn't only work to your benefit.

      In order to respond to how easy it's to put information up, they made it easy to take it down as well. I bet most DMCA takedowns go entirely unnoticed because whoever caused it never knew, cared or knew it was correct. We only hear about those cases where someone protests a takedown. It's really easy, there's no burden of proof or anything. All it takes is for someone to say "Hey I'm not a runner and I disagree with the takedown" and the ISPs must put it back up ASAP. I think that's a reasonable arrangement. The fact-checking could be a little better at times but some people here on slashdot want to put them in a catch 22 - without downloading a suspected song they don't have good enough proof, and if they do download suspected songs and it turns out they don't own it they're filthy pirates too.

      If this is abuse, send a counter-notice. Get some precedent that this kind of code isn't covered by the DMCA. Then use that next time to show that they knew the takedown would be invalid, and take it from there. There's no need to go freaky over getting a DMCA notice. As far as I know, they can only send it once since the counternotice is basicly a STFU or sue response.

      --
      Live today, because you never know what tomorrow brings
    4. Re:I figured this might happen. by RiotingPacifist · · Score: 2, Informative

      Its true particularly true for google/youtube:
      http://www.youtube.com/watch?v=_H8hWIGv5L0
      http://www.youtube.com/watch?v=uIVOZB2K6Y0
      but i suppose its because of thier impending lawsuit:
      http://www.youtube.com/watch?v=NpqgWW0z7vM

      --
      IranAir Flight 655 never forget!
  8. Dont use Trademark/Copywritten name in OSS name by hcmtnbiker · · Score: 4, Interesting

    Pretty simple really. All they had to do was give it a name more like "MPEG-4 AVC for Linux" and they would have been ok. It's really pretty simple, they DONT have the right to use their name in a product that isn't truly related to anything the CoreCodec company.

    --
    If i had one dollar for every brain you dont have, i would have $1.
    1. Re:Dont use Trademark/Copywritten name in OSS name by arkanes · · Score: 5, Insightful

      It is, but that doesn't mean that companies don't issue DMCA takedowns when they really are trying to resolve a trademark issue.

    2. Re:Dont use Trademark/Copywritten name in OSS name by belmolis · · Score: 5, Insightful

      Yes, but if the only real issue is trademark and the issuer of the takedown notice does not own the copyright to the material, issuing a takedown notice is a crime. They are issued under penalty of perjury. So if you just don't like the name because you think it violates your trademark, issuing a takedown notice is not a good idea.

    3. Re:Dont use Trademark/Copywritten name in OSS name by _Sprocket_ · · Score: 4, Interesting


      They are issued under penalty of perjury. So if you just don't like the name because you think it violates your trademark, issuing a takedown notice is not a good idea.

      While this is true - I've yet to see any of the numerous questionable uses of the DMCA lead to charges of perjury. Have I missed something?
  9. maybe it'll turn out all OK in the end by DimmO · · Score: 5, Informative

    http://www.corecodec.com/forums/index.php?topic=981.msg5695
    it looks like coreavc are looking to work with the project to get it all legal and hunky-dorey.

  10. You are incorrect about Canada, for now by Phil+Urich · · Score: 2, Insightful

    I forgive you for getting it wrong, since there keep being stories about "Canadian DMCA about to pass!!!!1" but as it turns out we've had really weak governments for the past while and thus in fact a full equivalent of the DMCA has yet to pass (unless I've missed something in the past month?). Key word being "yet", but it has never been a priority of the recent minority governments, nor have they quite had the time.

    In terms of oppressive new legislation and expansion of corporate rights, Canada tends to lag behind the States just a tad, enough that in Canada people feel smug, all "oh, silly Americans. We would never trample the citizens in *our* country like that". And of course a Canadian from 10 years ago transported to today without having experienced the slowly rising boil would be aghast. But to degrees it's like that in many countries as of late.

    --
    I remember sigs. Oh, a simpler time!
  11. "Free" trade agreements by tepples · · Score: 5, Insightful

    The DMCA is a US only law. It is inapplicable in other countries. Until the United States executes two-party "free" trade agreements with foreign countries that require both parties to implement legislation identical to the DMCA. The United States has already done so with Australia.
  12. Re:Core codec is based on open source, they lie by Barny · · Score: 3, Informative

    Well, yeah, it was open source, and the copies they released with OSS license are likely still freely distributable under the license they released them under.

    Using a different license and releasing new code doesn't suddenly make the old one less enforceable, an OSS should be able to use that code as long as the license permitted it, however the DMCA take-down implies they are using code from the closed source version.

    Of course as a user of both CoreAVC for windows (the multi threaded h264 codec) and CorePlayer (the mobile phone media player) I hope they are doing this above board, would hate to think my dollars are funding a bunch of tools.

    Assuming they are tools and this is all over the name, then this should be a Trademark dispute correct? And isn't the burden of proof on the the plaintiff and not the defendant?

    --
    ...
    /me sighs
  13. Re:Was it really copyright or circumvention? by ianpatt · · Score: 2, Informative

    From the forum thread at CoreAVC discussing this, the founder of CoreAVC says "Again without going into all the details... this is mostly about reverse engineering without permission under the DMCA... by us giving Alan permission.... problem solved".

    Without seeing the coreavc-for-linux code I can't say whether or not he had to reverse engineer anything about CoreAVC to get it working, but it doesn't seem like hooking up a DirectShow filter via a (relatively) standardized API would need anything like that. Since this claim was made under the DMCA, he would have had to be reverse engineering something related to copy protection. Perhaps there is some sort of product activation that had to be hacked around to get the codec working on a non-windows platform?

  14. Mod parent up by Barny · · Score: 5, Informative

    Again without going into all the details (but your pushing ;-)... this is not about copyright (even thought the DMCA deals with that), this is mostly about reverse engineering without permission under the DMCA... by us giving Alan permission.... problem solved.


    Seems there was evidence the writer of CoreAVC-for-linux reverse engineered their codec to get his patch working, they have since given him permission to do so, the DMCA take-down has been withdrawn.

    A company not only defending their rights honestly, but then when malice is not shown backing off and giving their blessing to an OSS project, back off /. seems these are the good guys.
    --
    ...
    /me sighs
    1. Re:Mod parent up by karmatic · · Score: 4, Informative

      Seems there was evidence the writer of CoreAVC-for-linux reverse engineered their codec to get his patch working, they have since given him permission to do so, the DMCA take-down has been withdrawn.

      Although it was reverse-engineered, US case law protects the right to reverse-engineer. The DMCA also offers specific exemptions for reverse-engineering for the purpose of creating interoperable software, provided such use is not for the purposes of a "circumvention device". The takedown was the result of an overzealous employee, and should not have happened.

      An official statement will be coming out later today.

  15. Re:GPL: Intellectual Theft by cwsulliv · · Score: 3, Funny

    See! That's what Bill Gates and Steve Ballmer have been telling us all along. This real life example proves it!

  16. Re:This is why not to rely on Google, Sourceforge, by Jarik_Tentsu · · Score: 2, Insightful

    You'd think rather than just trying to take down CoreAVC-for-Linux immediately, CoreCodec might try to release a Linux version of the codec first.

    ~Jarik

  17. Something is fishy by Anonymous Coward · · Score: 2, Insightful

    First off a quickie status update: The user "BetaBoy" on coreavc forums has stated that CoreAVC has revoked the DCMA notice, and granted the projects lead developer permission to continue the project.

    He has also stated that this was not so much about copyright infringement, but reverse engineering the codec without permission.

    The DCMA takedown notice (which was just today posted to Chill Effects) references "links to copyrighted code". Yet Betaboy makes reference to this being about "reverse engineering without permission" - not copyright.

    As a user of CoreAVC for linux, and a frequent visitor to the google code site, I can attest to the fact that NO CoreAVC code was contained there. It was (and is) a simple DirectShow Filter Host optimized for use with the codec. Thats it.

    The bottom line here is this is as clear a case of reverse engineering for interoperability as there ever was (an activity PROTECTED and ALLOWED by the DCMA), and the DCMA take down notice was a perjured statement by not claiming illegal reverse engineering, but instead claiming copyrighted code.

    The only good thing in this mess is the company did the right thing and apologised. The downside is they only did so after perjuring themselves, misusing the DCMA, and generally making an ass of themselves.

  18. Re:Was it really copyright or circumvention? by arkanes · · Score: 2, Insightful

    An overzealous employee? This was sent over the name of the company CEO, claiming to have been sent by him and it was in his name that the "under penalty of perjury" claim was made. Are there really employees there that are empowered to speak with his name, but make these kind of failures of judgment?

  19. Re:Core codec is based on open source, they lie by Frenchman113 · · Score: 2, Interesting

    This here is what we call a logical fallacy. You propose a comparison between two things that are not alike and ask us to determine which is better. In this case, no comparison exists because CoreAVC is a decoder and x264 is an encoder. Maybe you should read a little bit on what each are? Like what x264 and CoreAVC are?

    Now, assuming that you meant to ask "what advantage does CoreAVC hold over other (free) decoders such as FFMPEG?", the answer is as follows:
    CoreAVC is much faster in single-threaded operation than FFmpeg, especially in the deblocking routines. It supports interlaced H.264 which FFmpeg did not until recently support. It has much more efficient multi-threaded routines than FFmpeg. All of these matters because 1920x1080i/p H.264 videos such as HDTV broadcasts in some countries as well as Blu-Ray/HD-DVDs are being increasingly common. In order to play these videos using FFmpeg, one would need something like a 3GHz Core 2 Quad whereas a much lower-clocked Core 2 Duo is sufficient with CoreAVC.