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Nielsen Sends Wikipedia DMCA Takedown For Station Descriptions

RockMFR writes "A DMCA takedown notice sent by Nielsen Media Research to the Wikimedia Foundation has resulted in the deletion of over 300 pages on the English Wikipedia. The pages were 'templates' and categories that listed television stations within various geographical markets in the United States. Discussion of the deletions has focused on whether this type of information can actually be copyrighted, though the content of the takedown notice have not been made public."

278 comments

  1. Facts by DustyShadow · · Score: 5, Insightful

    are not copyrightable. There is no "question" here.

    1. Re:Facts by DustyShadow · · Score: 4, Insightful

      You have to own a copyright for it to be a valid DMCA takedown notice. So no, we are not clear.

    2. Re:Facts by Samantha+Wright · · Score: 4, Informative

      Well, see, DMCA notices tend to fall into one of a few categories:

      - Unnecessary (attacking non-threats)
      - Invalid (as per your statement)
      - Bullying (of organisations that couldn't afford to pay a lawyer to have the (generally absurd) accusations overturned)

      There's a few instances where their use actually resembles something legitimate, but most of the time they appear in the hands of large companies when the cause is unjust, absurd, etc. I would therefore posit a connection between DMCA usage and illegitimacy and/or stupidity of a complaint.

      --
      Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
    3. Re:Facts by falcon5768 · · Score: 4, Insightful
      Actually a DMCA notice IS a legal threat and holds a lot of weight both ways. It can both be used as evidence that an attempt was made to contact the rights abuser that was ignored, as well as if the DMCA notice was in fact invalid and the "rights holder" did not in fact hold the claimed items, it is evidence for fines to be placed on the "rights holder" for illegally claimed ownership.

      Unfortunately the second part is rarely if ever applied which is why we have the situations we do now. If even one major organization was forced to play the massive fines they are supposed to, it would be the end of frequent applications.

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    4. Re:Facts by RobertM1968 · · Score: 4, Insightful

      You are both right... but DustyShadow, you forget... you do not have to own a copyright in order to issue a DMCA takedown notice (you only need to own a copyright for it to be a valid DMCA takedown notice).

      Yeah, you are supposed to own the copyright (or legally represent the owners for such matters, etc)... but big companies play this game quite often - and if fought, turn around with a "we're sorry" and never get penalized.

    5. Re:Facts by westlake · · Score: 2, Interesting
      Facts are not copyrightable. There is no "question" here.
      .

      But how Nielsen organizes and interprets those facts may be. How it defines a broadcast market. How it defines a station's target audience.

      The advertiser wants to know which FM stations own the drive time market in Miami. He doesn't give a damn if they have an out-of-town zip code.

    6. Re:Facts by sexconker · · Score: 1

      Incorrect.

    7. Re:Facts by Anonymous Coward · · Score: 0

      are not copyrightable. There is no "question" here.

      ... as the phone company found out many years back. When someone published their own version, it was found that the names, addresses and numbers were facts. It was only the particular presentation (format?) that the phone company could copyright.

      Not sure what happened a couple of years back when major retailers bitched at websites which pre-published their Black Friday(?) sale prices.

      captcha: abused

    8. Re:Facts by Dan541 · · Score: 5, Funny

      Valid? DMCA notice?!?!?

      I'd like to see that!

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    9. Re:Facts by perlchild · · Score: 4, Insightful

      It's probably because they basically give out a power of injunction to a copyright owner, over a third party(an isp is a common receiver), without any kind of judicial review.

      The fact that they aren't systematically contested in court cannot help, but on the other hand, that might be a design goal...

    10. Re:Facts by omeomi · · Score: 5, Interesting

      You are both right... but DustyShadow, you forget... you do not have to own a copyright in order to issue a DMCA takedown notice (you only need to own a copyright for it to be a valid DMCA takedown notice).

      Isn't there some potential penalty for issuing invalid DMCA takedown notices (even if it's never enforced)? I could swear there was some talk of legal action against the recent Scientology Youtube DMCA notices...

    11. Re:Facts by RobertM1968 · · Score: 1

      Yes, there is... dunno where my long-buried copy of the DMCA is though.

      IF I remember correctly, the problem is proving that the person/entity who issued the takedown notice did so for some criminal or monetary gain, not knowing that their usage was incorrect. Tough to prove, as, IIRC, others have found out who have tried to fight them - and it requires the entity who put up the takedown notice to file suit, followed by finding their claim unjustifiable, followed by a countersuit or some such.

      This is from a 5 year old memory of having read that section (and me being too lazy to Google it again)... so anyone, please feel to correct me or expand on this.

    12. Re:Facts by RobertM1968 · · Score: 1

      so for some criminal or monetary gain, not knowing that their usage was incorrect.

      Should have read:

      so for some criminal or monetary gain, knowing that their usage was incorrect.

      (remove "not")

      Sorry

    13. Re:Facts by nabsltd · · Score: 4, Informative

      But how Nielsen organizes and interprets those facts may be. How it defines a broadcast market. How it defines a station's target audience.

      The only thing that Nielsen "defines" in this case is their own name for the DMA. The FCC defines the DMAs.

      Nielsen does have extra groupings and organizations of stations that cross DMAs, but AFAIK, those weren't part of Wikipedia.

    14. Re:Facts by MadnessASAP · · Score: 0, Offtopic

      Wow! I heard his mind snap all the way here in Canada.

      --
      I may agree with what you say, but I will defend to the death your right to face the consequences of saying it.
    15. Re:Facts by Antique+Geekmeister · · Score: 1

      For penalties to work, you have to have a chance in court of making your opponent actually care. Nielsen is a pretty big company, with a lot of investment from various media companies. Trying to sue them, like suing the Scientologists, is begging to have your money burned up in court to no good purpose with endless appeals and time-wasting tactics and ongoing harassment.

      On the other hand, Nielsen does not have Lisa Marie Presley to pay their legal bills. (Scientology does.) So they might care more about wasting money and be less likely to pursue ongoing harassing lawsuits.

    16. Re:Facts by ishobo · · Score: 5, Informative

      It is a federal perjury charge, which is rarely prosecuted by the DoJ. The maximum penalty is five years in prison. Perjury is usually added to existing charges or used as a stick to elicit testimony. The DoJ does not have enough resources to investigate and prosecute cases. The exception is perjruy in grand jury or court proceedings, where the rate of prosecution is high unless the person is already serving a term in prison or has cooperated with the government.

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      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    17. Re:Facts by arth1 · · Score: 1

      It is a federal perjury charge, which is rarely prosecuted by the DoJ. The maximum penalty is five years in prison.

      It's especially difficult when it's a corporation doing the deed. You can't fit the company in prison, and as long as the company isn't willing to hand over a scapegoat, what ends up happening is "Tsk, tsk, you naughty boys you, don't get caught doing this again."
      (The important words being "get caught".)

    18. Re:Facts by BradMajors · · Score: 4, Informative

      No. Website owners are free to ignore DMCA take down notices and there are no penalties for ignoring them... they are not injunctions.

      If a website owner ignores a DMCA take down notice then the issuer has to take legal action to get a judge to issue an injunction.

      Wikipedia and most other website owners will comply with a DMCA notice regardless of whether or not it is valid because they don't care and is the simplest thing to do.

    19. Re:Facts by postbigbang · · Score: 2, Insightful

      Like any other tort, it's an establishment of injury.

      We don't know yet what the injury was. Soon we will, as the docs will have to become public. In the meantime, the wayback machine might give clues. Perhaps some of the data was lifted out of Neilsen copyrighted sources. If so, Neilsen can cry foul. If not, then it's just a glove thrown down. There's no downside to swearing out a DCMA notice, effectively, so Neilsen gets away with it.

      Now, it's time to feed the EFF attorneys and get them marching, again. Does anyone else notice how the EFF has become the twin separated at birth from the ACLU? How awful that we need to get civil liberties protected from so many angles.

      --
      ---- Teach Peace. It's Cheaper Than War.
    20. Re:Facts by number11 · · Score: 1

      It's especially difficult when it's a corporation doing the deed. You can't fit the company in prison

      Ah, but you can put them under house arrest. Padlock their premises and freeze their bank accounts (do we permit other criminals who are serving time to write checks? I think not). Even a 30 day sentence should be sufficient to make them think twice about doing it again.

      Second offense, double the time.

    21. Re:Facts by ishobo · · Score: 5, Informative

      You can't fit the company in prison

      Only a person can commit perjury. Either an agent or employee makes the sworn statement against perjury.

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      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    22. Re:Facts by Anonymous Coward · · Score: 0

      -Legitimate takedown of copyrighted material.

      They do exist, you must realize.

    23. Re:Facts by Gnavpot · · Score: 1

      but DustyShadow, you forget... you do not have to own a copyright in order to issue a DMCA takedown notice (you only need to own a copyright for it to be a valid DMCA takedown notice).

      Should we take a look at the text you replied to:

      You have to own a copyright for it to be a valid DMCA takedown notice.

    24. Re:Facts by Anonymous Coward · · Score: 0

      are not copyrightable. There is no "question" here.

      Wow, the Wikimedia Foundation should have you as a lawyer instead of that Mike Godwin guy, because obviously you know /loads/ more about this shit than he does.

    25. Re:Facts by gd2shoe · · Score: 1

      I hope the EFF doesn't become like the ACLU. We can barely stand one of those! (It wouldn't be so bad if they actually focused on civil liberties, instead of just doing that on the side.)

      --
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    26. Re:Facts by Machtyn · · Score: 1

      Well, we never get to hear about the valid ones. Those are pretty boring and non-controversial.

    27. Re:Facts by yahwotqa · · Score: 1

      Fucking Republican trolls like you are what's brought this country to financial ruin and the brink of civil war.

      You mean the Slashdot country?

    28. Re:Facts by KGIII · · Score: 1

      Not flamebait guys... As a web hosting company owner with, you know, employees (not a lot really but some) we're quite fluent on what we HAVE to do with a DMCA notice. Even if you don't own the copyright - if we're sent a notice, we're supposed to take it down. Knowing the law doesn't make the post flamebait.

      --
      "So long and thanks for all the fish."
    29. Re:Facts by KGIII · · Score: 1

      You pretty much have it right though I'd add that service providers can actually refuse to accept the DMCA if they want to BUT to do so would require them becoming also legally responsible and, potentially, not just legally responsible in that one case but in all other cases concerning copyright infringment and, perhaps, criminal activity. So they have a choice, just not a realistic one if they are based in the U.S. of A...

      --
      "So long and thanks for all the fish."
    30. Re:Facts by KGIII · · Score: 1

      You sir are mistaken.

      I got arrested for an unpaid fine for failure to provide proof of insurance. (Thought I'd paid it actually.)

      I was in jail, in a holding cell, (don't think real jail but think a jail that actually served chocolate milk with lunch) and the guy who had been riding with me drove my car into the station. I was there long enough to book and print and then write a check and wait like an hour. During booking they asked if I was able to get funding to be released (which meant even going so far as to pay the fine in that jail instead of in the county where the original fine was) and I said I could if I could write a check.

      They let Mike come in and actually brought me my checkbook from my personals and I wrote it out, signed it, and gave it to him physically. He brought it to the bank, cashed it, and I was in and out in under a few hours. Hell, I understand that some jails will let you bail out yourself with a credit card and an ATM these days. I have, fortunately, not needed to do that as of yet but gimme time damn it... Gimme time.

      --
      "So long and thanks for all the fish."
    31. Re:Facts by KGIII · · Score: 4, Interesting

      Hosting company owner here and yeah that happens. Frankly I'd consider it a violation of their privacy to post the letters, responses, and the resulting excuses and wondering why we booted them off their respective servers for violating copyright laws. No, no... You can't upload the latest movie to our servers and expect to get away with it if you're caught. We don't LOOK for them but we have to take them down if you're dumb enough to let people know it is there in a public forum or the likes.

      Side note... We do, or at least have, historically stood up in one instance. There was (is) a site that contains a bunch of Albanian movies. He links to them or even hosts them. *BEFORE* coming and just randomly paying he asked if it would be okay. He stated clearly that during the time of production these films were made under a communist government. That meant, to him, that those films belonged to the people. As such they were protected from copyright. We agreed. We've fielded a few requests to remove a few and asked about the creation dates. In all instances he was right, they were wrong, we left them online. He hasn't had a problem request in years which is kind of cool because it means that the point got across. Paid for by the people and belonging to the people.

      --
      "So long and thanks for all the fish."
    32. Re:Facts by KGIII · · Score: 1

      Tell that to the folks who copyright Encyclopedia Britannica. Facts can't be copyrighted but format/verbiage can and *if* that was copied then they have a legit case (for better or worse). Even as I type this I retain copyright (according to the slashdot agreement) and there are VERY limited ways of using it legally.

      Have you seen all the forums that aren't really forums at all but rather link to, push and pull, Usenet posts? Think that is legal? Think again. I've been tempted to challenge it just to prove a point. Fair use is *fairly* well defined and that ain't it. If you make a post on a Usenet group you're giving explicit rights to those servers to host it and serve it. You've not given rights for random people to display it.

      Copyright is VERY clear. The minute it is put down in a format that can be interpreted (this includes HTML) it is copyrighted in most countries. Changing a few words doesn't alter it enough. Changing the format doesn't alter it enough. We can argue the merits of copyright if you want but that is not subject to this debate as these laws are already here and agreed on by the majority. Hell, even the GPL is based on copyright.

      --
      "So long and thanks for all the fish."
    33. Re:Facts by Teancum · · Score: 1

      The only issue here is not even the name "Nielson", but rather if this may be a trademark abuse. I find that a real stretch, and even then the DMCA isn't going to be the proper tool to enforce this sort of issue.

      In a way, Nielson has brought this on themselves, as they have promoted this sort of geographical organization to promote advertising, and others are using this arrangement including the market rankings for purposes that have little, if anything, to do with actually measuring audience share.

      Certainly political organizations use this information for determining advertising and marketing strategies, as well as marketing firms using these Nielson regions for dividing up sales territories. In other words, Nielson is a victim of its own success in this regard.

      I used to work for a video monitoring company (they did transcripts for various TV news shows) that had specific Nielson markets used in internal documentation for assigning individual employees in terms of whom they would be monitoring. We didn't even refer to the markets by geographic name but rather by their national ranking (aka 1==NYC, 2==Los Angeles, etc.). There was no legal relationship between this company and Nielson, nor do I know of any formal permission to use that information in this manner.

      As far as trademarking "Nielson" in relationship to advertising markets, I don't think its use in Wikipedia is diluting the value of that trademark, and in fact may be a positive one in terms of associating the company who provides this sort of service more directly with the advertising regions. They may even be shooting themselves in the foot in terms of "free advertising" in a medium that normally doesn't allow advertising.

    34. Re:Facts by Anonymous Coward · · Score: 0

      Not true by a long stretch. The website owner need never see a DMCA injunction. It just gets sent upstream, to someone who does not know whether the injunction is valid or not and certainly does not liability if it is, and the website gets shut off.

      Additionally, the penalties for copyright "infringement" are so out of line with reality, any claim a DMCA notice *ahem* injunction can be easily ignored is bullshit.

      The legal system has been corrupted. These are injunctions (having the exact same effect 99.999% of the time). And your defense of them is part of that corruption.

    35. Re:Facts by walt-sjc · · Score: 5, Insightful

      If an ISP / site ignores a takedown notice they lose immunity for copyright violations. Since ISPs generally have fairly deep pockets, the risk is WAY too great. They don't dare - the legal / monetary risk is way too great.
      Their insurance companies may ALSO require that they comply with takedown notices.

      Note that if a site ignores a takedown notice, the person may just go upstream to their ISP and issue one there which can cause even LARGER danger / damage to the site. So they too will comply.

    36. Re:Facts by RobertM1968 · · Score: 1

      Or should you instead read the two posts I was replying to - and then re-read mine, to see what I was stating was that though DustyShadow is correct in his thinking, it in no way stops any entity from issuing an invalid takedown notice - which still needs to be honored, and then fought before the content can be reinstated (or the OSP/ISP risks losing their Safe Harbor protection, if/when the person who issued the takedown brings the matter to court).

      Somehow I think you just skimmed through those posts and thus accidentally missed where that conversation was going... which reminds me... I need more coffee... ;-)

    37. Re:Facts by TechnicolourSquirrel · · Score: 1

      So ... basically you own a hosting company, and you think that people who don't ask you permission *first* for what they're hosting, are engaging in 'random payment' (you make it sound like merely supporting you financially is like a hit and run or something). There is no such thing as random payment -- they are paying you because you *promised* them something in return. How much more do they need to do to get your respect? If I heard my hosting company talking like you I would quit them immediately.

    38. Re:Facts by AK+Marc · · Score: 1

      Only a person can commit perjury. Either an agent or employee makes the sworn statement against perjury.

      If you can't punish a company for perjury, then an agent of the company can't be punished. For example, Bob in the Copyright Department is told to DMCA something. He does. It was a bad takedown. He believed, to the best of his knowledge, to be correct. He didn't lie, he was mistaken. That's not perjury, that's an error. Perjury requires intent. Bob was told to by Phil. Phil knew it was wrong and didn't do it himself because he'd have committed perjury. So the "company" committed perjury. Phil was the person in the company that made the decision that the company would do it. Perhaps there are memos tying in the CEO and some beancounters that decided to do it. But Bob, the guy that signed the sheet of paper did not lie, even though he said something false. He operated under good intentions with the best information he had available. That's not perjury. If you are unable to charge a company (and if a company is legally a person, like they should be, then they should have their charter revoked to 5 years) then you will never be able to get the charges to stick applied to any one person inside the company. It's like a criminal conspiracy where no individual person breaks a significant law, but together they do something really bad. The conspiracy is charged to all involved, not just their part.

      But companies get a free ticket to break any laws they want with no real repercussions, so they continue to do so. The company broke the law, even if the person didn't.

    39. Re:Facts by zehaeva · · Score: 1

      IIRC DMCA notices are issued under penalty of perjury. So yes there could be some consequences of filing a wrongful DMCA ~Z

    40. Re:Facts by Anonymous Coward · · Score: 0

      No. because they don't care and is the simplest thing to do.

      No. Doing nothing is the simplest thing.

    41. Re:Facts by Anonymous Coward · · Score: 0
      don't think real jail but think a jail that actually served chocolate milk with lunch
      In America, we call that "elementary school."

      the guy who had been riding with me drove my car into the station
      You rode with Arnold Schwarzenegger??

    42. Re:Facts by Anonymous Coward · · Score: 0

      Incorrect NIELSEN defines DMAs NOT the FCC. If you look all FCC refrences say "DMAs as defined by Nielsen" The FCC mearly uses DMAs as defined by Neilsen for their own use and Nielens allows the FCC to do this.

      DMAs are a solely for Nielsen, other people use them as a defacto standard but Nielsen clearly markets them as for our use and our subscriber use only.

      TV stations don't have to subscribe to Nielsen although it is the only ratings service for TV.

    43. Re:Facts by ishobo · · Score: 1

      If you can't punish a company for perjury, then an agent of the company can't be punished.

      Incorrect.

      ... That's not perjury, that's an error.

      I never said it was perjury.

      So the "company" committed perjury.

      Incorrect. A non-person cannot commit perjury.

      But companies get a free ticket to break any laws they want with no real repercussions

      Companies face civil penalties all the time.

      Listen, I highly recommend going to law school. It will be a fascinating study. Many people, like myself, go without any intention of becoming lawyers.

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    44. Re:Facts by ishobo · · Score: 1

      Let me add to my comment on civil penalties. I realize they are rather low in the U.S. The answer is to raise them, providing financial pain. Many EU countries have penalties based on percentage of revenue.

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      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    45. Re:Facts by AK+Marc · · Score: 1

      A non-person cannot commit perjury.

      Good thing a company is a person (in the eyes of the law).

      Companies face civil penalties all the time.

      Yeah, companies do that which would be illegal for a person to do. They claim to be a legal entity equivelent to a person when it suits them, but pretend to be some organization that isn't a legal entity at all when they do something obviously criminal.

      Listen, I highly recommend going to law school. It will be a fascinating study. Many people, like myself, go without any intention of becoming lawyers.

      So you have graduated from law school? I've taken classes at a law school myself. What law school did you attend? Personally, I disagree with our system of common law. If a law is ambiguous enough to need a judge to intrepret it, the law should be nullified and re-written. It is impossible for someone to know whether some actions are illegal because they will be silmultaneously legal in the 9th district and illegal in the 5th district and stay that way indefinately if neither case makes it to the Supreme Court. That alone is a violation of the Constitution. Yet it is also much more common than it should be for a system supposedly based in law and reason. What are your thoughts on the application of case law as equal (or sometimes it seems superior to) statutory law? What do you think about corporations being legal entities that get to act like a person when it suits them, and not when it doesn't? Do you feel that equal application of the law is possible with such mercurial entities? When a company does something like what Ford did with the Pinto (purposefully choosing to release a product they knew would kill people), why do you think that Ford should not be held responsible for the criminal action of negligent homicide? Should the bean-counters that did the numbers to determine it would be cheaper to kill people than fix it be responsible? Or do you pick one person out of a company of thousands and let the company operate, knowing they'd make the same decision again? Or do you not even look for a responsible person, and drop all criminal charges?

    46. Re:Facts by ishobo · · Score: 1

      What law school did you attend?

      Golden Gate University.

      Good thing a company is a person (in the eyes of the law).

      An organization is treated as a person for certain rights. The perjury statue does not take that into account. A collective cannot take a legal oath, only a representative of that collective.

      I understand your complaints about the common law model. It is an enourmous task to know the statutes, rules, and case laws. That is why there is Lexis. It may seem to be a mess and courts will rule in different directions, often on very related matters (including SCOTUS). The common law system predates our country and it is what we use. Is it better than civil law? I cannot say. Will it ever change? Highly unlikely.

      Coming back to your frustation of corporate liability in the U.S. There are estabilished procedures on the state and federal level, both civil and criminal, to handling liability issues. The corporate veil can be breached. A company cannot be sent to jail as it does not have a physical body. Do you shut it down? You end up hurting the employees and shareholders, people that are not connected with the wrongdoing. There are pros and cons to any penalty. There are a number of articles on this subject in several law journals. I do not subscribe to American Criminal Law Review but it is a great source of information if criminal law is your primary interest.

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    47. Re:Facts by Anonymous Coward · · Score: 0

      However they could confiscate the copyright of the work in question, or the company itself, since they are both getting benefits from criminal activity...

    48. Re:Facts by AK+Marc · · Score: 1

      That is why there is Lexis.

      That's of no use in a person knowing the law. I can't make a split second decision while out in the world based of Lexus-Nexis lookups.

      It may seem to be a mess and courts will rule in different directions, often on very related matters (including SCOTUS).

      If they kept the system essentially as is, but dropped pressident as essentially binding, I'd be happier. I've seen rulings that claim to be in line with prior quotes cases, then go on to rule the opposite, citing some insane differences. Then if you do something on a Tuesday it's legal and Wednesday and it's illegal, all because two judges saw a statute differently, and one went one way and the other recoginsed that and stated some minor differences and went the other way.

      The corporate veil can be breached.

      Corporations were *never* intended to shield the operations from legal liability, yet that has been the result. They were designed for one and only one purpose, allow hands-off investors a way of limiting liability to no more than the invested amount (that is, if you own stock in Google and it goes under and owes billions, the creditors can't come to your house and take it away because you bought a single share of it). That was what they were initially created for. However, when they make trillions of dollars and influence governments, they even managed to change the public perception to they should also shield workers and (especially) officers from liability from their direct decisions. That just seems like a really bad idea, and leads to things like Ford choosing to kill people (with remarkable accuracy for the rate of deaths). Corporations can kill with no more than paying off the families of the dead, and no one in the corporation nor the corporation itself will face any criminal charges.

      A company cannot be sent to jail as it does not have a physical body. Do you shut it down? You end up hurting the employees and shareholders, people that are not connected with the wrongdoing.

      Yes you shut it down. When the investors are harmed by their investments breaking laws, they will demand that their investments stop breaking laws. It's the best of both worlds. Not only will those that fund the illegal corporation be harmed, but it will cause greater investor controls on illicit actions. Ban Ford from making or selling cars for 30 days for the Pinto. The next time the bean counters run the numbers, they will scream "don't do it, it's not worth it!" And everyone will be better off for it. When the workers know it will harm them to assist in illegal things, they too will self-police the corporation to make sure they aren't breaking laws. They don't want to lose a month of pay any more than you do.

    49. Re:Facts by ishobo · · Score: 1

      Lexis is quite helpful. Ultimately, it comes down to knowing key cases and codes in your field of study. I leaned to employment and contract law to help me in my business. Much of law school is memorization. Beyond that, it is all creativity in framing your argument (and whether others will buy into it).

      Yes you shut it down.

      Are the damages to the society worth it?

      If they kept the system essentially as is, but dropped pressident as essentially binding, I'd be happier.

      Move to France.

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      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    50. Re:Facts by AK+Marc · · Score: 1

      Move to France.

      Wait, so if something is broken, I should drop it where it is and wander off to find a new one? Isn't that being a quitter? Or should I work to change it because it is broken? Depending on the argument, I hear a different story every time. Are you asserting that democracy is broken and that someone that wants to see change should never try, and instead give up and move to a different country?

      Are the damages to the society worth it?

      Damages to society? For holding a corporation responsible for killing people? Yes. The damage to society is worth it. Not that I'm sure what damages to society we'd see from protecting people from homicidal corporations.

    51. Re:Facts by ishobo · · Score: 1

      ...so if something is broken...

      The common law model is not broken. You are confusing democracy and a system of law. You can have a common law system function just fine in a dictorship or oligarchy.

      Are you asserting that democracy is broken...

      I am not asserting to anything about the U.S. The power is still held by the people and there are still free elections. We have a free press, the right to assemble, and the right to dissent.

      The damage to society is worth it.

      That is debatable. Think very carefully about the ramifications of shutting down multinational corporations and liquidating their assests.

      --
      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    52. Re:Facts by AK+Marc · · Score: 1

      You are confusing democracy and a system of law.

      Democracy is voting on laws. Common law means that pressident is equal to law and isn't voted on. That's not democratic. Perhaps you are confused by words like "representative" and "republic" and such, but case law is directly contradictory to a democracy. You have laws that no citizens get to have a voice in (well, other than the judges that create the laws). And no, this isn't a condemnation of "activist judges" that is a hot topic. Judges have been doing this for hundreds of years in the US, and that term was invented to paint some judges as evil when it applies to all judges in a common law system.

      But again, is your only fix to something being broken to pack up and move to a different country? That's what you asserted was the best way for a person in the US to learn the laws. I can't know the laws in a common law system, but I'm responsible for following them. That's impossible. Yet you assert I should (using expensive private tools, since the government won't even track them for me) and if I disagree with having to follow laws that are unknowable I should give up and move. That seems like a pretty stupid suggestion to me.

      Think very carefully about the ramifications of shutting down multinational corporations and liquidating their assests.

      Why is holding them criminaly liable going to result in the liquidation of the company? And, why is liquidating them going to have such problems? Many companies have been liquidated and continued working just fine. The parts continue working. Rarely (as in pretty much never) is a liquidation firing everyone, destroying all intangible assets (customer lists and such), and selling equipment for scrap. Instead, a corporate liquidation is selling off the parts, with every part continuing to work just as it had before. But, of course, that means that the humans that contributed to the corporations crime will continue to do their daily work as they always have. But again, that's not what I called for. Perhaps you could read what I wrote and explain again what it is I called for. I don't think I got any more specific than to have them remain criminally liable for crimes, as opposed to being immune to criminal prosecution. If the only choice was to kill all the workers and burn the assets to the ground if they were found guilty, then yes, I'd agree that there may be some problems with what I suggested. Thankfully, I said no such thing, so my assertions are still quite valid and much better than the current system.

      My question is why you think corporations that make purposeful decisions to kill people shouldn't be held criminally liable for their actions. Oh wait, I know, a "corporation" is a person in the eyes of the law, except when you find that assessment to be inconvenient. How convenient for you.

  2. Spineless? by eggman9713 · · Score: 3, Insightful

    Mod me flamebait if you want, but I thought Wikipedia was all about information being free. For having the tendency to cave so easily, makes me wonder what kind of people are really running the place.

    1. Re:Spineless? by NiceGeek · · Score: 2, Informative

      It's called the law. If you get a takedown notice you HAVE to comply. If someone files a counterclaim the information can be put back up.

    2. Re:Spineless? by DustyShadow · · Score: 4, Informative

      Actually you don't have to take it down but you risk being sued as a result. So the above poster who said there is a difference between a takedown notice and a legal threat really doesn't know what she is talking about.

    3. Re:Spineless? by eggman9713 · · Score: 3, Interesting

      Wasn't there some sort of ruling that parties who DMCA notices are required to do research as to if they really have merit?

    4. Re:Spineless? by Anonymous Coward · · Score: 0

      It's called the law. If you get a takedown notice you HAVE to comply. If someone files a counterclaim the information can be put back up.

      No you don't you can file a COUNTER NOTICE to tell the people serving you with a DMCA why they are full of shit, and then not have to take it down.

      Then they have to decide to actually try and sue you in front of a judge for copyright infringement.

      Since a list of facts (Geographic regions and TV stations) Is not copyrightable, absolutely no creative aspect what so ever having been included in it. This would die fairly quickly.

      Neilsen's claim is based on HOW the list is organized, however thats pretty shaky legal ground since again while upon creation there may have been some creativity in assigning different broadcast zones, there is not now. Because of Neilsen's prominent position in their market even new stations are set up to conform to the existing organizational structure. It has become generic.

      While it may be Neilson's list, it also does happen to be the facts now. This broadcast area is served by this station. Its a bare fact. And something as basic as an alphabetical sorting is pretty much the definition of obvious.

    5. Re:Spineless? by compro01 · · Score: 4, Informative

      Yes, that was in Lenz v. Universal.

      --
      upon the advice of my lawyer, i have no sig at this time
    6. Re:Spineless? by Dan541 · · Score: 1

      I have to agree, It's pretty pathetic to just give in when someone lodges a complaint what happened to the good old response emails telling the cry babies where to cram it?

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    7. Re:Spineless? by archkittens · · Score: 3, Interesting

      if you want safe-harbor, and wikipedia does, then you comply. if wikipedia doesnt comply, it loses safe-harbor for a lot more than a claim from a statistics company. DMCA takedown notices being used more often than cease and desist letters (nearly functional equivalents), is in my opinion, better. a cease and desist letter doesnt grant amnesty to wikipedia or youtube or whomever for having the content as long as they comply. i would say DMCA takedown notices are more of a legal compromise tactic than a threat. whether the notice has the right to make that compromise or not doesnt matter much, wikipedia has an unbreakable shield as long as they comply.

      notice that wikipedia itself does not consider the DMCA takedown notice to be a legal threat: http://en.wikipedia.org/wiki/Legal_threat, though that might be an oversight

    8. Re:Spineless? by sukotto · · Score: 4, Interesting

      I suspect you're trolling but I'll bite. There's nothing stopping wikipedia from trying to verify that the takedown notice is legit *before* removing the info.

      "We received your request to takedown [list of pages] that you allege fall under your copyright.

      We comply with all valid DMCA notices. Before we comply, you must provide proof, in writing, that demonstrates both
      A) That this material is copyrighted
      B) That you are the copyright holder.

      We need that information to combat frivolous and questionable takedown notices. Please provide the above information by [date 30 days in the future] to avoid the legal action we take against persons who send us baseless threats

      Thank you very much

      [Name here]"

      --
      Come play free flash games on Kongregate!
    9. Re:Spineless? by Antique+Geekmeister · · Score: 1

      It's easier, and safer. Telling them to cram it works fine for PirateBay, but YouTube and Wikipedia have home offices where their assets can be much more easily seized and their businesses shut down. They also have the option of putting the material back up when the lawyers have gone over it, which both of them have done in various instances.

      Fortunately, for really interesting shutdown material, theres's Wikileaks. I'm very pleased with them for publishing material that we do need to know about, but which is often unavailable due to legal and illegal harassment, such as Scientology documents.

    10. Re:Spineless? by Gracenotes · · Score: 1

      You have it backwards. Wikipedia is about producing free content, instead of being encumbered by reuse restrictions that (for example) Nielsen imposes. Using copyrighted content in Wikipedia doesn't make the content free, and it does nothing to further the use of content that actually is free.

    11. Re:Spineless? by Dan541 · · Score: 5, Interesting

      The DMCA should be abolished I have never seen a legitimate use for it. There is something terribly wrong with our system that we even allow automated censorship to be apart of our society.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    12. Re:Spineless? by TheVelvetFlamebait · · Score: 2, Interesting

      For having the tendency to cave so easily, makes me wonder what kind of people are really running the place.

      Probably the kind who realise that a non-profit organisation would do better trying to maintain what they have than fighting over the small stuff. I'm not saying it's right, it's just that they have plenty to lose by taking this up in court, or just by flatly disobeying the notice.

      Besides, perhaps Wikipedia just might not be a rebellious statement against copyright. Maybe they agree and took it down because they personally recognise that the copyright belongs to Nielsen?

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    13. Re:Spineless? by seeker_1us · · Score: 1
      The DMCA does it's job very well, if you consider that it's real purpose isn't the protection of copyright.

      It's quite effective at keeping information distribution locked up and under control under big business and an old model.

      You get free information like wikipedia (i.e. NOT violating a copyright) and it makes some corporations uptight, not to make some governments.

    14. Re:Spineless? by Teancum · · Score: 1

      The problem here is who has responsibility for removing the content from Wikipedia, and who would get sued if the content remained there.

      The Wikimedia Foundation is claiming status as an Internet Service Provider in terms of copyright law, and they don't (usually) assert copyright privileges over Wikipedia.

      In this case, the WMF is setting themselves up to be sued by the users who created these categories in the first place, demanding that the information be restored because the removal of that information was without merit. Sort of a damned if you do, damned if you don't situation.

      IMHO that really is the next step that needs to happen, if the individual(s) who created these categories and/or those who helped put content into those categories want to push back legally and/or within the Wikipedia arbitration system. The legal questions of the DMCA notice perhaps ought to be resolved first, but the internal Wikipedia politics is an issue as well.

    15. Re:Spineless? by cherokee158 · · Score: 1

      I have used the DMCA to have Cafepress remove products that were using my artwork without permission. I would have preferred to simply contact the sellers directly and talked it out (Theses particular copyright violations I believed to be honest mistakes), but no contact information was available, and Cafepress wouldn't give it to me.

      I could not have afforded to take legal action, so in that case, the DMCA served its purpose.

      Like most laws, the DMCA works fine when employed as intended in good faith. The problem is that, like most laws, it is subject to abuse by powerful entities with no incentive to act in good faith.

      Griping about the DMCA won't make the world better. Making corporations accountable for their misdeeds will.

    16. Re:Spineless? by Anonymous Coward · · Score: 0

      I'm modding you "Troll" because of the frankly extraordinary grammar occurring throughout your post.

    17. Re:Spineless? by stry_cat · · Score: 2, Informative

      A valid DCMA notice will already have that information: http://www.chillingeffects.org/dmca512/question.cgi?QuestionID=440Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512. Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.

  3. content of the notice? by musiholic · · Score: 1

    I'd really be curious to see exactly when was stated in the notice to make them take the info down. Has there been any talk of it being made public?

    --
    One Can Never Own Enough Musical Instruments...
    1. Re:content of the notice? by Cramer · · Score: 1

      They haven't said, but it's clear the issue is how the stations are being grouped. Nielsen does own the copyright to the term Designated Market Area (DMA) as well as what those areas are.

      Television Market Areas are based on material copyrighted by Arbitron, Areas of Dominant Influence (ADI), and Nielsen Media Research, Designated Market Areas (DMA).

      List the stations by state, or commonly accepted region, and everything should be fine.

  4. False or fraudulent takedown notices by Jane+Q.+Public · · Score: 4, Insightful

    ... should be a criminal offense. And a serious one, too.

    Actually, the ability to force someone to cease speech on simple "say-so", without ever having visited court first, should never have become law in the first place. I believe DMCA takedown notices will eventually be determined to be a classic case of unbridled "prior restraint".

    1. Re:False or fraudulent takedown notices by void* · · Score: 5, Informative

      I believe DMCA takedown notices will eventually be determined to be a classic case of unbridled "prior restraint"

      Of course, I think they should be done away with, because they are far too easily abusable - but I don't think the courts will ever consider them as "prior restraint" - because the content has to already be somewhere for a DMCA notice to be issued.

      Say, hypothetically, that I took a paper you wrote and posted it on my blog. You issue a DMCA takedown notice - but I've already posted it, otherwise you wouldn't have even known I had it.

      If you could send me a DMCA to prevent me from putting anything up in the first place, that would be prior restraint. As I understand it, though, that's not how they work.

      --


      Code or be coded.
    2. Re:False or fraudulent takedown notices by sohp · · Score: 1

      From Wikipedia: "anyone who makes a false claim of infringement ... is liable for the damages suffered by the other parties, including legal fees."

      The law is very one-sided about it though, and recovering damages is prohibitively expensive. Oh yeah, there's also the fact that the law states that a counter-notification to restore the material must be sworn under penalty of perjury, unlike the original takedown notice, which just needs to be a good-faith attempt, with no criminal penalty for falsehood.

    3. Re:False or fraudulent takedown notices by Anonymous Coward · · Score: 2, Interesting

      False or fraudulent notices ARE a criminal offense. The question is what constitutes "false or fraudulent"

      It is a requirement for the filer of a DCMA takedown notice to certify, under penalty of perjury, that:
      * The own or represent the owner of copyrighted material
      * Identification of the specific work being infringed.
      * Identification of the specific work which infringes the copyright
      * A "good faith" notice that the alleged infringer is not licensed or permitted by law to infringe the work.

      Because of the perjury clause, it is in fact illegal to file a DCMA notice for a work you don't own, or on an work that doesn't infringe something you own.

      The trick is, while outright fraudulent notices are illegal, weak ones are not. The problem is in the "good faith" clause for whether there's a license and/or the work is used in accordance with the law.

      "Fair use" arguments fall under question of whether your right to use a work is permitted under the law. Unfortunately, all the copyright owner has to swear to is "I don't think that your usage falls under fair use." How flimsy that belief is allowed to be is debatable.

      What I think we need here is a solid legal precedent for what constitutes "reasonableness" for the good faith clause.

    4. Re:False or fraudulent takedown notices by jonbryce · · Score: 4, Informative

      It is a criminal offence.

      The notice contains the following statement:

      "I hereby certify under penalty of perjury that the information in this notice is accurate and that I am authorized to act on behalf of $copyrightholder, the copyright owner of the intellectual property rights. I have a good faith belief that none of the materials or activities listed above have been authorized by $copyrightholder, its agents, or the law."

    5. Re:False or fraudulent takedown notices by Jane+Q.+Public · · Score: 1, Informative

      Being liable for damages is not the same thing as a criminal offense.

    6. Re:False or fraudulent takedown notices by me+at+werk · · Score: 1
      --
      For context, click Parent.
    7. Re:False or fraudulent takedown notices by Anonymous Coward · · Score: 3, Informative

      "Oh yeah, there's also the fact that the law states that a counter-notification to restore the material must be sworn under penalty of perjury, unlike the original takedown notice, which just needs to be a good-faith attempt, with no criminal penalty for falsehood."

      This is...how do you say?...not true. Both the takedown notice AND the counter-notice need to be sworn to.

      From the US Code, Title 17, Chapter 5, Section 512, Paragraph (c) Subsection (3) "Elements of notification":

      (A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
      Snipping sub-sub paragraphs i-v, which aren't relevant to this conversation
      (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Read it for yourself if you like. http://www4.law.cornell.edu/uscode/17/512.html

    8. Re:False or fraudulent takedown notices by slimjim8094 · · Score: 1

      Perjury is a criminal offense, and it is serious.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    9. Re:False or fraudulent takedown notices by Anonymous Coward · · Score: 0

      The original notice merely needs to state, under penalty of perjury, that the issuer is an authorized agent of the rightsholder -- not that the info is accurate. Note the placement of the perjury clause. The counter-notice has a slightly different requirement (again, note the specific placement of the clause). I don't know if there are any court opinions that address the matter, but the wording of the law about the two notices *is* different.

    10. Re:False or fraudulent takedown notices by Anonymous Coward · · Score: 1, Insightful

      The loophole is actually embedded in that statement. What is certified under penalty of perjury is that the information in the notice is accurate and that you are authorized to act on behalf of the copyright holder, NOT your good faith belief. So the notices are usually worded in such a manner as to be accurate, even in the case that they don't actually don't own the copyright. That just makes their good faith belief mistaken.

    11. Re:False or fraudulent takedown notices by RicoX9 · · Score: 1

      Perjury is a criminal offense, and it is serious.

      Tell that to my ex-wife, who perjured herself many times over in our divorce trial. The judge could have cared less.

      You really have to piss a judge off for them to take perjury seriously. It's one of those things that they have the discretion to ignore, apparently.

    12. Re:False or fraudulent takedown notices by slimjim8094 · · Score: 1

      Well, naturally. A lot like barratry charges; both could fix a lot of BS we see if any judges cared.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    13. Re:False or fraudulent takedown notices by mysidia · · Score: 1

      (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      It doesn't say anything whatsoever about them having to swear under penalty to perjury of having firm evidence of their allegations, strong belief, and good faith that their right is being infringed in a manner that is not fair use, only that they have the right they are alleging infringement of a right.

      Someone at Microsoft could submit a DMCA takedown to Slashdot to remove this very comment on the basis that it infringes on their Windows copyright.

      The claim would be totally absurd, and we can plainly see that the allegation would be false, but it is not perjury, because MS is indeed authorized to act on behalf of the owner (themselves) of an exclusive right (the right to distribute their various software products).

      They just have to be alleging that it infringes on their work, and they will have completely satisfied the requirements listed for (vi), and will not be at risk of perjury accusations.

      Here's what they could target:

      int main(int argc, char* argv[]) { puts("Hello world"); }

    14. Re:False or fraudulent takedown notices by Jane+Q.+Public · · Score: 1

      It has to be enforced before it can be take seriously.

    15. Re:False or fraudulent takedown notices by TheoMurpse · · Score: 1

      I believe DMCA takedown notices will eventually be determined to be a classic case of unbridled "prior restraint"

      That's kinda hard, seeing as how you can't issue a DMCA takedown notice against a nonexistent writing. Therefore, the restraint is not prior.

    16. Re:False or fraudulent takedown notices by Anonymous Coward · · Score: 0

      Put more people in jail. Is that really what you want?

      How about a sensible plan. Neilsen is sending out DMCA takedown notices. So everybody on the internet, remove all information about Neilsen. Don't write blogs about them. Don't have Slashdot stories about them. Take all reference to them off Wikipedia and everywhere else possible. Turn your back on them. Ignore them. Refer to them only as N*****n. Stop watching their TV programs. Contact companies which advertize on N*****n, and tell them that you object to N******n's fake DMCA tactics, so you won't be buying things off companies which advertize on N******n. Put the pressure back on them.

    17. Re:False or fraudulent takedown notices by Anonymous Coward · · Score: 0

      good faith

      ... is nothing more than bullshit, especially if you're a cop. Rearrange the letters and it spells, "Get out of jail free" e.g. LA detective Mark Fuhrman acted in "good faith" when he made unauthorized entry onto OJ Simpson's property to plant evidence. He claimed to be acting in "good faith" that Mr. Simpson was on the property and "might" be in danger.

      He skated on the charge of invalid search and seizure and, in the end, was only convicted of perjury over his denial of having made racial statements.

      In any case, the citation above is self-contradictory. You "certify under penalty of perjury that the information in this notice is accurate" and later water it down with the "good faith" belief that the material was not authorized by ... law. To the **AA, fair use is not authorized by ... law.

    18. Re:False or fraudulent takedown notices by Zironic · · Score: 1

      Did they actually make you swear/affirm that you were telling the truth?

    19. Re:False or fraudulent takedown notices by mpe · · Score: 1

      The loophole is actually embedded in that statement. What is certified under penalty of perjury is that the information in the notice is accurate and that you are authorized to act on behalf of the copyright holder, NOT your good faith belief. So the notices are usually worded in such a manner as to be accurate, even in the case that they don't actually don't own the copyright. That just makes their good faith belief mistaken.

      Possibly they would even claim this if the alleged copyright holder was was something they had just made up. Anyway it appears to be the case that "under penalty of perjury" is a meaningless piece of boilerplate. Indeed they might be taking more of a risk to state "under penalty of cute fluffy kittens" on the basis that some people are allergic to cats, even kittens have claws and are often able to call upon the help of at least one adult cat...

    20. Re:False or fraudulent takedown notices by mpe · · Score: 1

      Someone at Microsoft could submit a DMCA takedown to Slashdot to remove this very comment on the basis that it infringes on their Windows copyright.

      Actually they need only think that they were acting on behalf of Microsoft. With the standard of "good faith" apparently being that of the most gullible, possibly including the self deluded.

      The claim would be totally absurd, and we can plainly see that the allegation would be false, but it is not perjury, because MS is indeed authorized to act on behalf of the owner (themselves) of an exclusive right (the right to distribute their various software products).

      There appear to be plenty of cases where even the most absurd allegation has the result of information being pulled.

    21. Re:False or fraudulent takedown notices by mpe · · Score: 1

      Because of the perjury clause, it is in fact illegal to file a DCMA notice for a work you don't own, or on an work that doesn't infringe something you own.

      Probably also illegal if you are acting on behalf of someone you know full well isn't actually the copyright holder.
      What's lacking here is law enforcement

      The trick is, while outright fraudulent notices are illegal, weak ones are not.

      Nothing much happens even with outright fraudulent ones. The problem is a lack of "cops". If there were even one FBI agent in the whole of the US working on this it would qualify as a "huge improvment".

      "Fair use" arguments fall under question of whether your right to use a work is permitted under the law. Unfortunately, all the copyright owner has to swear to is "I don't think that your usage falls under fair use." How flimsy that belief is allowed to be is debatable.

      This would probably be reasonable if someone could say in response "I think it does, if you really think otherwise then you'll need to convince a judge, at your expense."

    22. Re:False or fraudulent takedown notices by mpe · · Score: 1

      Perjury is a criminal offense, and it is serious.

      Only if anyone can actually be bothered to prosecute. Even "witnesses" who maliciously manage to get innocent people sent to jail can get off without anything happening. There are even cases where these lowlives have their identity protected after their deception has been discovered.
      Consider that this is with people who have lied in a court after having sworn an oath to be truthful. Typically along the lines of "The truth, the whole truth and nothing but the truth". Which is much more serious than the words in a DMCA notice.

    23. Re:False or fraudulent takedown notices by mabhatter654 · · Score: 1

      "liable for damages" is often worse than criminal charges... the burden of proof is lower and based on how much money the plaintiff can spend to throw lawyers at you.

      The whole point of the DMCA takedowns is that YOU have to instigate the court case to put your work back up. At that point you essentially have to ask for "approval" of the DMCA filer to put your work up... depending on what kind of corporate lawyers you're dealing with it could take days or months, because there's no incentive for THEM to look at the facts once the auto-printer sends the notices.

  5. Purge the cache, check the archives by davidwr · · Score: 1

    the same URL with &action=purge followed by scrolling down to "Nielson DMCA Takedown" may be needed to see the discussion.

    Also, when this rolls into the archives, one of these two links should have it: Archive 169, Archive 170.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  6. Formation of facts? by phorm · · Score: 5, Informative

    I believe that in some cases, however, compilations can. In that case - though I could be wrong - specific arrangement of facts could be considered copyrighted if it were copied verbatim, like OCR'ing a phonebook or something of the sort.

    If memory serves cases have gone for and against this though, so it's not that clear-cut.

    As noted on the admin page, "The entire categorization schema that was in place was copyrighted by Nielsen and could not be used under our GFDL license," so it wasn't just that the information was used, but that it was copied pretty much directly.

    1. Re:Formation of facts? by cpt+kangarooski · · Score: 4, Insightful

      You are correct in that some compilations of facts are copyrightable as compilations, though that copyright does not extend to the facts within. However, like all copyrightable works, in order for a compilation to be copyrightable, it must be creative. In this case, the selection and arrangement of facts must be creative. Selecting all the facts, and arranging them in a pedestrian fashion would not qualify. This is why, for example, the white pages in phone books are not copyrightable: the selection is everyone with a listed number in the area covered, their names, their numbers, and their addresses, and the arrangement is alphabetical, by last name. It is the acme of an uncreative work. This is all discussed at length in the famous Feist decision by the Supreme Court; I'd suggest reading it. If it's uncopyrightable, verbatim copying is A-OK. There is absolutely no 'sweat of the brow' doctrine in the US.

      A creative phone book would be one that didn't list everyone, and perhaps arranged them in some creative fashion. A listing of your favorite places to go, arranged by how much you like them, would probably qualify.

      Whether the material at issue here is copyrightable or not, I couldn't venture an opinion, not having seen it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Formation of facts? by jonbryce · · Score: 4, Informative

      You might be thinking about the situation in Europe, where database compilations are copyrightable; but this doesn't apply in the US.

    3. Re:Formation of facts? by Cylix · · Score: 4, Interesting

      They should also send a take down notice to another illicit site as well then.

      I for one welcome any DCMA notices and other infringement notices be sent immediately to a near damn mirror.

      It's practically un-american that anyone can access those same details via fcc.gov. Those weezles have been indexing this exact same information for ages under the pretense of "licensing."

      In fact, I thought the details were rather verbatim so these two problem children probably get the warez from the same place.

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    4. Re:Formation of facts? by Klaus_1250 · · Score: 3, Interesting

      True, but you can work around the copyright of database compilations by not using the original database. Not possible in all cases where very specific data is involved. The reasons why database compilations are copyrightable in Europe is simply the fact that compiling a (good) database can take quite a bit of effort (e.g time and money), with some exceptions to the rule (e.g. your average phonebook).

      --
      It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
    5. Re:Formation of facts? by Hythlodaeus · · Score: 1, Troll

      You might be thinking about the situation in Europe, where database compilations are copyrightable; but this doesn't apply in the US.

      Until the secret treaties go into effect.

      --
      For great justice.
    6. Re:Formation of facts? by jelton · · Score: 2, Informative

      You might be thinking about the situation in Europe, where database compilations are copyrightable; but this doesn't apply in the US.

      As with most areas of law, absolute statements are probably ill-advised...

      There is nothing in current U.S. copyright law that explicitly disallows a copyright to subsist in a database; indeed courts have repeatedly treated databases as compilations. That being said, the Supreme Court's ruling in Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991) makes it clear that the scope of copyright protection for a compilation of facts is narrow. "In order to qualify, they must exhibit some modicum of creativity in the selection, arrangement, or coordination of the data." (Statement of David O. Carson, General Counsel, United States Copyright Office, see the last paragraph of section I, The History of Database Protection in the United States).

      My understanding of the situation in Europe is that there are explicit statutory provisions for copyrighting databases. Congress has, so far, been pretty resistant to passing such a law, despite lobbying efforts by many commercial database operators. In any event, given the fundamental differences between U.S. and European copyright law (i.e. Utilitarian vs. natural rights origins) and the fact that originality dictates copyrightability, it is unclear to what extent a U.S. law protecting the contents of databases could be supported by the Constitution's progress clause.

      --
      I am not a lawyer. This post does not constitute any form of legal advice.
    7. Re:Formation of facts? by Anonymous Coward · · Score: 0

      A creative phone book would be one that didn't list everyone, and perhaps arranged them in some creative fashion. A listing of your favorite places to go, arranged by how much you like them, would probably qualify.

      The phone book is actually a listing of people arranged by how much I like them. I just happen to like people who have surnames starting with "A" more.

      You'll be hearing from my lawyer.

    8. Re:Formation of facts? by crossconnects · · Score: 1

      Replying to your sig:

      It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.

      That one man is almost always there!

      --
      no big sig
    9. Re:Formation of facts? by electrictroy · · Score: 1

      Well, I know I'm angry.

      I've used Wiki to discover what stations are within reach of my antenna, and stupid Nielsen erased it. I hope this results in fewer viewers watching, and a backlash against the Nielsen company.

      --
      The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
    10. Re:Formation of facts? by Anonymous Coward · · Score: 0

      I doubt it. Don't forget about the Streisand effect.

    11. Re:Formation of facts? by bug1 · · Score: 1

      There are two types of copyrights, original works and collective works.

      An original work might be a song, a collective works might be an album containing "Hits from the 90's".

      The publisher of this "Hits of the 90's" needs permission to use the original works from the songs copyright holders, but the publisher gets a collective copyright on the composition/arrangement of the songs.

      As facts arent copyrightable, anyone can produce a compilation of them.

      Another example, say i want to produce a poster with multiplication tables for school kids to learn (or not), maybe im really crap and i dont even know 7x10, i believe its quite legitimate for me to look at someone elses multiplication tables poster and write the answer on mine.

      Information/ideas can be copied (if not patented), you cant copy the way the idea is expressed, so in the multiplication table example i would just have to use a different font/color/placement/whatever.

      Take this example to say a text file of multiplication tables and there is very little work in making/presenting the facts, so you probably wouldn't get a collective copyright.

    12. Re:Formation of facts? by b0g0n · · Score: 1

      Seems to me the information in question is public, i. e. each television station broadcasts to hundreds of thousands of people, any one of which could describe the station and its market area. That's about as public as it gets.
      Wikipedia presents information in a well-known format of its own. (IANAL but) I really don't see how Nielsen could possibly have a legal leg to stand on. This looks like a great opportunity to exercise the false claim provision of the DMCA.

  7. From TFA by EaglemanBSA · · Score: 4, Informative

    The entire categorization schema that was in place was copyrighted by Nielsen and could not be used under our GFDL license.

    the DMCA notice included at least the use of Nielsen's 'Designated Market Area' (DMA) classification system. As our Media market article says, Nielsen coined the term and holds a trademark on it. The takedown notice may have included more, but I think it is fairly clear that much at least was an issue. Hence

    It looks like they used a categorizing scheme originally produced and copyrighted by Nielsen, which could warrant a legit takedown request - the complete takedown of the pages (especially such a large number of them), however, seems to be overkill.

    That you can get a copyright on something like that, to me, seems ridiculous, but then again, I don't make money by selling people their own production numbers back to them.

    --
    Quiz: True or False -- On a scale of 1 to 10, what is your middle name?
    1. Re:From TFA by KeithIrwin · · Score: 1

      You can't actually get a copyright on something like that. They can only get a copyright on their expression of facts, not the facts themselves, even if they invent those facts. A system of classification is not something which can be copyrighted, only the expression of that system of classification. If this ever goes to court, Nielsen will lose.

    2. Re:From TFA by fireforadrymouth · · Score: 1

      I don't make money by selling people their own production numbers back to them.

      TV ratings simply don't work like this but you sure seem thicker now.

    3. Re:From TFA by LaoziSailor · · Score: 1

      Everyone is having a knee jerk reaction to this.

      Nielsen may have coined the term 'Designated Market Area' and hold a trademark on it (won't go into the lack of logic to that) and certainly 'DMA' (just do a Google on that) is an acronym that represents multiple institutions, chemicals, etc. (if there is a trademark on that somebody in the trademark/patent/copyright office is playing far too much 'Grand Theft Auto' designed by Rockstar North Ltd. and formerly DMA Design).

      If they in fact reacted to that 'Nielsen DMA # nnn' (see It's a clean remake) then Nielsen's copyright claim is vexatious and should pay for abusing the DMCA (won't go into the lack of logic that went into it's conception either.)

      Wikipedia has not been much clearer and what that '# nnn" refers to is not a 'market area', it is a ranking number that has changed on per city basis each year.

      If anything the link to the Excel spreadsheat is the same for any '# nnn' -- http://www.nielsenmedia.com/nc/nmr_static/docs/2007-2008_DMA_Ranks.xls -- this is public knowledge (it is on Nielsen's site for anyone to see) and where Wikipedia (as a matter of completeness in making a reference) has failed, is not be accurate or consistent in the numbers used -- [just take a look at the spreadsheet and it will become obvious].

      As seen in One has been undeleted Wikipedia is fixing citations (taking them off), in fact they are even including Notes retracting their position, ...this absolute madness!

      --
      ~ Artificial Intelligence is better than none! ~
  8. One has been undeleted by TheSpoom · · Score: 4, Informative

    Apparently Toledo TV has been undeleted. (Mirror in case it goes again.)

    How in God's name is an association of TV station titles to markets in which they can be received copyrightable?

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:One has been undeleted by Anonymous Coward · · Score: 0

      I'd imagine the F.C.C. has such a listing, and, if it does, can be copied directly from them. (which is probably how nielson go them in the first place.) And if so, their patent could only be for the artwork on whatever page they had.

    2. Re:One has been undeleted by mabhatter654 · · Score: 1

      Neilson is claiming copyright on their arrangement of "markets". This is more creative than TV channels in a geographic area, neilson created market numbers and assigned those to groups of stations. This is more than creative enough, and in the original wiki entry, the neilson number and market ranges matched neilson Information directly, the updated versions remove the idea of "markets" and just have geographic area.

    3. Re:One has been undeleted by Thelasko · · Score: 1

      How in God's name is an association of TV station titles to markets in which they can be received copyrightable?

      TFA is vague. Information about the call sign, location, frequency, and parent company are all in the public domain as they are published by the FCC. However, Nielsen complies market data about the location. The most important of which is an estimate of the number of possible viewers. Each city is ranked by the number of possible viewers. At the top of the list is obviously New York, NY followed by Los Angeles, CA on down. However, stations transmit with different amounts of power. A 1000 watt station will reach far fewer people than a 50,000 watt station. Nielsen goes through considerable effort to estimate the potential audience for each station, and charges for the data. This data is data is very valuable to those in broadcasting and advertising. Wikipedia was giving it away for free.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
  9. This proves by jd · · Score: 0

    ...that TV stations don't exist, they're a Hollywood movie script. They must be, if the station itself is subject to the DMCA.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  10. Everyone should be outraged! by Improv · · Score: 0, Troll

    Because if there's one thing an encyclopedia must have, it's a list of all the television stations in the United States.. and every single episode of every single show, all with original reseach about each.. and show schedules... :)

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
    1. Re:Everyone should be outraged! by Darkness404 · · Score: 2, Funny

      No, everyone should be outraged that this seems to mean that facts are copyrightable.

      --
      Taxation is legalized theft, no more, no less.
    2. Re:Everyone should be outraged! by TheVelvetFlamebait · · Score: 1

      Well, I laughed, even if no-one else did. :)

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  11. Two can play at this game by CuteSteveJobs · · Score: 5, Interesting

    I get marketing research phone calls from Neilsen subsidiaries doing surveys. If I have time, I do them. Now I'll tell them *NO*. You can't have it both ways, Nielsen. I suggest other readers do the same.

    They also mailed me a survey when I bought a new car. My prize was 'a chance' to win some petrol. An hour of my time for 'a chance'. They seem to have an inflated view of their own self-worth.

    In this episode: A marketing research company learns about public relations.

    1. Re:Two can play at this game by Henry+V+.009 · · Score: 4, Insightful

      I get marketing research phone calls from Neilsen subsidiaries doing surveys. If I have time, I do them. Now I'll tell them *NO*. You can't have it both ways, Nielsen. I suggest other readers do the same.

      You'll just get Firefly canceled.

    2. Re:Two can play at this game by DriedClexler · · Score: 1

      I'm skeptical of that. It's Nielsen's extensive use of extremely questionable surveying methods that causes Firefly's viewers to be undercounted in the first place. Few people in the Firefly demographic actually respond to Nielsen's phone surveys, and those who do are *not* representative of that demographic.

      The sooner they abandon such junk statistics, the better. Why not have the cable companies just pass on their aggregate statistics, and satellite TV, the info on the descrambler?

      --
      Information theory is life. The rest is just the KL divergence.
    3. Re:Two can play at this game by Chyeld · · Score: 1

      You make the flawed assumption that the point is to count everyone and not "everyone who is receptive to advertising as used by the networks". Remember, you aren't the customer, you are the product. Networks are selling to advertisers, the only reason they care about you is because that's what they are selling.

    4. Re:Two can play at this game by Anonymous Coward · · Score: 0

      I say yes, pocket the five or so dollars that comes in the packet, and then throw it away.

    5. Re:Two can play at this game by RzUpAnmsCwrds · · Score: 3, Funny

      True story - I was at a movie theater seeing "Get Smart", and noticed Nielsen researchers at the theater handing out surveys. I walked up to one, and exclaimed:

      "You bastards! You killed Firefly!"

    6. Re:Two can play at this game by malcomreynolds · · Score: 0

      Shiny! Thanks for the support.

    7. Re:Two can play at this game by HeronBlademaster · · Score: 1

      As far as I'm aware, companies can't call cell phone numbers for surveys and such. Since I have no landline and since I plan on never having a landline, it is quite impossible to end up in one of Nielsen's surveys - and I watch quite a bit of TV (including ads, I don't have DVR/Tivo).

      Aside from not having a landline, I'm the perfect candidate to represent the nerdy ad-watching audience that could keep shows like Firefly on the air. Too bad it will never happen.

      I think some of those sentences are malformed. It's too late... I'm going to bed.

    8. Re:Two can play at this game by Anonymous Coward · · Score: 0

      YOU'RE THE ONE THAT CANCELED STAR TREK!

      Seriously, do we really want a geek boycott of the Nielsons? We can say goodbye to the Sci-Fi channel. We can say goodbye to MythBusters. We'll be stuck with "Are You Smarter Than a Fifth Grader" and that new Hole show that Fox is advertising.

    9. Re:Two can play at this game by mpe · · Score: 1

      It's Nielsen's extensive use of extremely questionable surveying methods that causes Firefly's viewers to be undercounted in the first place. Few people in the Firefly demographic actually respond to Nielsen's phone surveys, and those who do are *not* representative of that demographic.

      It's been known for decades that phone surveys have all sorts of problems. Even as basic as not everyone has a phone. Not all telephone numbers listed. Start calling numbers at random and you have no way of knowing if you are going to get a home, business, payphone, not in service, etc. In addition you have no way of knowing if you will be answered by a machine or a human. Add in the likes that you can't call "callee pays" numbers, modern telephone systems do not impose any simple mapping of numbers to lines and there being several technical means used to prevent/discourage unsolicited calls...

    10. Re:Two can play at this game by Anonymous Coward · · Score: 0

      The phone calls are only used to identify homes. The actual surveys are done using either paper diaries that are kept for one week or, in the case of the bigger markets, meters that are connected to all your tvs and a/v equipment.

  12. that seems to be the problem, yeah by Trepidity · · Score: 1

    Nielsen obviously can't prevent Wikipedia from having templates listing, say, television stations in the New York City area, even if it happens to be the same ones Nielsen lists. They at least have a borderline claim on using the specific names and numbers from their Designated Market Area system, though.

  13. Did not RTFA... are they sending a DCMA to the FCC by thesandbender · · Score: 3, Interesting

    Not sure what information the pages had on them, but you can get a lot of technical information on stations from the FCC. Including the the exact lat/long of their antenna, it's height above sea level, output in watts, etc. http://www.fcc.gov/mb/video/tvq.html You can also easily get programming information at tv.yahoo.com. I'm not sure what Neilsen is trying to "protect" here.

  14. whos next? by FudRucker · · Score: 1

    are they going to sue the FCC for their database of commercial television and radio stations?

    this is just too crazy and frivolous?

    --
    Politics is Treachery, Religion is Brainwashing
  15. It's a clean remake by davidwr · · Score: 5, Informative

    The Google Cache is different, at least for now. The key difference: The words "Nielson DMA#."

    The Internet Archive also has older versions.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:It's a clean remake by TheSpoom · · Score: 1

      Yeah, I just noticed that looking at the talk page. So wait, are Nielson claiming copyright over a number? A number clearly publicly available since Wikipedia can link to their results?

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    2. Re:It's a clean remake by Pretzalzz · · Score: 1

      If you follow the links, the Google cache of wikipedia states Toledo is DMA#73 and links to a document that states Toledo is DMA #72. I wonder if Nielson didn't get upset mainly at the fact that the information attributed to them was inaccurate.

    3. Re:It's a clean remake by Larryish · · Score: 1

      The Internet Archive also has older versions.

      The Internet Archive is subject to editing as well.

      Exmaple of Google, search the wayback machine for "google.com" and go to their oldest entries.

      Notice that the old Windows-paint-looking logo has been replaced with an updated version.

      Wonder how much they got paid to rewrite history?

    4. Re:It's a clean remake by mabhatter654 · · Score: 1

      the current version has all nielson information removed, anything about market # and market area has been removed, leaving just locations within a mile radius, which is a fact.

    5. Re:It's a clean remake by Cramer · · Score: 1

      No, they are upset with people re-publishing their work (DMA definitions) without permission. I think it's a bad way for the wiki to group these things anyway as the areas are re-evaluated every 3 years. So the wiki data will get out of date rather quickly if people aren't updating them (as they obviously aren't.)

  16. In protest we must by Puffy+Director+Pants · · Score: 1

    stop watching television!

    That'll show them.

    Also our IQs will go up several points.

    1. Re:In protest we must by Ash-Fox · · Score: 1

      I don't own a TV. Nor do I pay for TV licensing.

      --
      Change is certain; progress is not obligatory.
  17. Good point by Jane+Q.+Public · · Score: 1

    So... not prior restraint. But it certainly IS restraint of speech, without due process.

    1. Re:Good point by conlaw · · Score: 1, Informative
      Yes, Jane, it is a restraint on speech; however, I don't believe that Nielsen is a governmental entity. The free speech provision of the Bill of Rights only forbids governmental actions. In fact, the Bill of Rights originally applied only to the federal government; various Supreme Court cases have held that the Fourteenth Amendments makes these provisions applicable to states, municipalities, and other "governmental entities."

      The only free speech rules that would apply in this case are any applicable state laws on the subject.

    2. Re:Good point by SleepingWaterBear · · Score: 4, Insightful

      Whether Nielsen is a governmental entity or not is quite irrelevant here. The DMCA notice being used to restrain free speech takes its power from the threat of legal penalty which would be inflicted by the government.

      Now it may be true that this notice isn't valid, and therefore doesn't have the actual force of the government behind it (the article is sort of short on details there so I don't know), but the fact that the DMCA is constructed such that companies have every incentive to obey take down notices whether valid or not means that the law, and hence the government is responsible for the restraint of free speech, at least indirectly.

    3. Re:Good point by dachshund · · Score: 1

      Technically, it's not Nielsen that's restraining speech. The Federal Government passed this law and it (and the state courts) are generally responsible for enforcing it. Thus if the law results in restraints on speech, the government can be held accountable. (Theoretically, of course.)

    4. Re:Good point by Registered+Coward+v2 · · Score: 1

      Whether Nielsen is a governmental entity or not is quite irrelevant here. The DMCA notice being used to restrain free speech takes its power from the threat of legal penalty which would be inflicted by the government.

      There is no restraint here; Wikipedia is free to continue to speak (so to speak) as it had before. If it is found to have hosted copyrighted material then it is subject to legal action; but then free speech never meant not being responsible for what you said.

      In addition, in the US it is relevant if it is the government is the one preventing your exercise of free speech as they are the only ones restricted from doing so by the US Constitution;private citizens and corporations have the right to do so under many circumstances, and if they do it in an illegal manner are subject to legal action; but merely doing so is not illegal.

      Now it may be true that this notice isn't valid, and therefore doesn't have the actual force of the government behind it (the article is sort of short on details there so I don't know), but the fact that the DMCA is constructed such that companies have every incentive to obey take down notices whether valid or not means that the law, and hence the government is responsible for the restraint of free speech, at least indirectly.

      Since every law has the force of government behind it you could argue that every action taken in compliance with a law makes the government responsible for that; but I find that argument very weak.

      The DCMA is constructed that way to provide some measure of certainty for companies hosting material provided for others; if it did not exist sites such as Wikepedia that have significant user posted content over which they exercise little control or review would probably be sued out of existence and overall we all would lose more than we do with the current DCMA provisions protecting them.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    5. Re:Good point by Smallpond · · Score: 1

      Thank you, Senator Brownback. The intent of the DMCA is certainly good - to protect public forums from thousands of copyright lawsuits by providing simple guidelines for removing material. If the penalties for false takedown notices were pursued as zealously as the penalties for copyright infringement, then it would have met that intent and been fair. Unfortunately, the weight is completely on the side of the DMCA abuser. To counter a DMCA takedown notice, you have to counter-claim that you are not infringing, put your material back up and risk a $150,000 penalty for willful infringement, whereas the other side risks what? Harsh language? Penalties for false notices are few, although the EFF is pursuing some suits.

    6. Re:Good point by Registered+Coward+v2 · · Score: 1

      Thank you, Senator Brownback. The intent of the DMCA is certainly good - to protect public forums from thousands of copyright lawsuits by providing simple guidelines for removing material. If the penalties for false takedown notices were pursued as zealously as the penalties for copyright infringement, then it would have met that intent and been fair. Unfortunately, the weight is completely on the side of the DMCA abuser. To counter a DMCA takedown notice, you have to counter-claim that you are not infringing, put your material back up and risk a $150,000 penalty for willful infringement, whereas the other side risks what? Harsh language? Penalties for false notices are few, although the EFF is pursuing some suits.

      The problem is that the copyright violations are civil suits with monetary rewards so there is an incentive to pursue them as well as protect what they view as valuable property.

      Perjury, OTOH, is a criminal action and requires prosecutors to go after it. In a DMCA case, I'm not surprised they don't pursue it because:

      1) Prosecutors have limited resources and there are plenty of more serious crimes to pursue that some falsely claiming ownership of a piece of work.

      2) Perjury is hard to prove - being wrong about a fact is not perjury. Given those making DMCA claims will have serious legal talent around why would a prosecutor bother with a low profile case that they probably won't win?

      3) A judge is likely to look unfavorably at prosecuting something of such low impact when there are serious cases on the docket. Why piss off the judges?

      My solution - make it a civil matter. Let someone counter sue if the claim is false. Require each notice to place a value on the property and collect treble damages of what was claimed, or at least some large minimum, say $100k. Alternatively, the law could allow purchasing a license for the claimed value to eliminate the "it's worth 5 cents" ploy to avoid suits.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    7. Re:Good point by mpe · · Score: 1

      Now it may be true that this notice isn't valid, and therefore doesn't have the actual force of the government behind it (the article is sort of short on details there so I don't know), but the fact that the DMCA is constructed such that companies have every incentive to obey take down notices whether valid or not means that the law, and hence the government is responsible for the restraint of free speech, at least indirectly.

      Given that the actual text of the the US Constitution is "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." then any use of such a law to perform any of these things would appear to be null and void. Even if the law is otherwise "Constitutional".
      Quite possibly the wording is deliberate so as to avoid loopholes along the lines of "side effects" of legislation. Something which would have been apparent in the 18th century. Never mind the complex (and often passed unread) pieces of legislation drafted by unrepresentative interest groups which exist now.

    8. Re:Good point by mpe · · Score: 1

      Thank you, Senator Brownback. The intent of the DMCA is certainly good - to protect public forums from thousands of copyright lawsuits by providing simple guidelines for removing material.

      Good intentions alone are not always enough. Especially given the cliché about them being used to pave the road to Hell. Indeed one of the jobs of a legislator is to activly seek to find (and eliminate) ways in which legislation can be misused.

      If the penalties for false takedown notices were pursued as zealously as the penalties for copyright infringement, then it would have met that intent and been fair. Unfortunately, the weight is completely on the side of the DMCA abuser.

      At least part of the problem is that "copyright fraud". Has not historically been treated as "copyright infringement". Possibly because it has most often involved falsely claiming copyright over public domain material in ways where there is little risk of a counterclaim.

      To counter a DMCA takedown notice, you have to counter-claim that you are not infringing, put your material back up and risk a $150,000 penalty for willful infringement, whereas the other side risks what?

      If the information is time critical the damage may already have been done. Also hosting entities do not always follow the rules completely. They may be quicker to act on the original notice than any counterclaim. Or forget that once a counterclaim has been filed they should ignore future takedown notices in relation to the parties involved.

      whereas the other side risks what? Harsh language? Penalties for false notices are few, although the EFF is pursuing some suits.

      There is also the problem that a malicious entity could simply claim to be many entities. Since a hoster can face penalties for ignoring a valid takdown notice, but not for acting on an invalid one, the result is effectivly "shoot first, ask questions later". Without any attempt being made to even validate the identity of the sender of a takedown notice, even if they actually exist, let alone if their complaint is meaningful.
      It would be perfectly possible to create bogus takedown notices to censor material where the poster could easily prove that they were the copyright holder.
      Legislators have more or less failed here because they have apparently forgotten that criminals care not how many laws they break. Someone who will lie about being a copyright holder isn't going to be concerned about also pretending to be a fictional entity, especially when it means that they are even less likely to face any consequences. Much the same applies when these same fools insist on passing new laws against something which is already illegal.

  18. $346,217.12 damages by Anonymous Coward · · Score: 2, Funny
    I was looking for TV station information, by geographic location, and I went to check good-old Wikipedia.

    I made a promise to myself that if I found the information there, I was going to hit the donate button and send $346,217.12.

    Alas, I didn't find the information.

  19. What's taken so long... by owlnation · · Score: 0, Troll

    While I don't agree with the DCMA, nor most copyright laws in most countries, I do wonder why this hasn't happened before, and indeed is not a regular occurrence. Wikipedia is absolutely full of plagiarized material. Almost every single movie page is more or less ripped verbatim from imdb, just as one small example.

    I would have thought that wikipedia was a lawyer's wet dream come true. I mean sure, they don't have a great deal of money (especially since Jimbo keeps dipping his hand in the cash register), but there's still some money to be made there. I really can't understand why Wikipedia has had such a free ride so far.

  20. it's more than that by davidwr · · Score: 4, Insightful

    We don't know the whole story but this much is being guessed about:

    Nielson divides the country into "Market areas" some of which are stand-alone metro areas and some of which are combinations of cities which may contain "creative content." For example, if the metro areas A, B, C, and D are in close proximity, you can combine them in dozens of ways, ranging from lumping them all together into 1 market area, having 4 separate market areas, or one of several combinations of 2 or 3 market areas. Doing this across the country creates a list which is potentially copyrightable because it contains the creative thought that went into deciding just where to combine the metro areas into the market areas.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:it's more than that by TheSpoom · · Score: 1

      Huh. So were the articles / categories in question copying information by using the same market areas? And if so, how can they claim copyright over "the area of Toledo"?

      I realize this is more complicated than it seems at first glance, but it still seems frivolous on Nielson's part. It's a shame that the DMCA requires such quick action on Wikipedia's part (i.e. deleting the articles in question rather than updating them to remove the "copyrighted" information).

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    2. Re:it's more than that by Lost+Engineer · · Score: 1

      It is creative if these are not universally recognized metro areas like Dallas/Ft. Worth or Urbana-Champaign. It seems to me that most metro areas would be common knowledge.

  21. Idiots. by Ortega-Starfire · · Score: 4, Funny

    I have one thing to say to the dumbasses that filed this DMCA notice:

    09 f9 11 02 9d 74 e3 5b d8 41 56 c5 63 56 88 c0

    --
    ---- Liquid was a patriot ----
    1. Re:Idiots. by Phroggy · · Score: 1

      Hey, finally my sig is relevant again!

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    2. Re:Idiots. by TheoMurpse · · Score: 1

      perl -e 'printf"%02X"x4,unpack"C4",gethostbyname"$_.aacs.phroggy.com" for qw/Just another Perl hacker/'

      Somehow I don't think this is relevant to the infamous HDDVD number.

    3. Re:Idiots. by Phroggy · · Score: 1

      You didn't try running it, did you?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    4. Re:Idiots. by TheoMurpse · · Score: 1

      DAMN you AND YOUR IMPENETRABLE CAVE OF NONSENSE, PeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeRL!!!

    5. Re:Idiots. by Phroggy · · Score: 1

      Oh come on, it's not THAT complicated. Here, I'll deobfuscate it for you:

      #!/usr/bin/perl

      use strict;
      use warnings;

      foreach my $word ('Just','another','Perl','hacker') {
          my $address=gethostbyname("$word.aacs.phroggy.com"); # get a single 32-bit binary value
          my @integers=unpack('C4',$address); # convert each byte into an integer (four total)
          printf('%02X%02X%02X%02X',@integers); # format each integer as 2-digit hexadecimal
      }

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  22. Information of public record by Anonymous Coward · · Score: 1, Interesting

    I took a look at the Toledo page.

    If all the pages fit that template I honestly can't see anything in there that would not be part of the public record easily obtainable by other means.

    Thus collating the information in a single repository would only serve as a public service.

    It strikes me to think that the information provided here is of the same as recording all the weather information for every city in the US for the Date January 1st 2000. The information is just simply factual in nature.

    Yet another example of how the US legal system needs a complete and total over hall. The Patent / Copyright systems are now completely governed by corp greed and legal muscle.

    When this sort of public information can be censored at will you are now looking at a system that fundamentally has steered away from it's democratic roots.

    I'm feel ashamed for you, the people of the United States. I hope you can dig your self out of this mess.

  23. DMCAs should be made public... by Vampyre_Dark · · Score: 1

    Because whoever submitted the DMCA notices should have read the wikipedia submitting policy. We should be busy edit warring those things.

  24. Well, there's yer problem by Dachannien · · Score: 1

    Nielsen coined the term and holds a trademark on it.

    DMCA takedown requests are meant to be used in cases of alleged copyright violations. Trademarks and copyrights are two different things, so Nielsen's recourse in this instance does not include filing a DMCA takedown request.

    If trademark protection is the only thing at stake here, the original editor could easily file an un-takedown request and tempt the fates as to whether Nielsen files a lawsuit against them or Wikimedia Foundation for improper use of trademarks (a suit they would likely lose, since it would be difficult to prove that their trademark was actually misappropriated).

  25. but ... by Anonymous Coward · · Score: 1, Informative

    If you look at the Google Cache for one of the pages, you can see that there was actual Nielson-owned data shown and available for download - which does violate their copyright.

    http://209.85.173.104/search?q=cache:T_8mWU_bfEYJ:en.wikipedia.org/wiki/Template:Miami_TV+Template:Miami_TV&hl=en&ct=clnk&cd=1&gl=us

    1. Re:but ... by Anonymous Coward · · Score: 0

      where?

    2. Re:but ... by number11 · · Score: 1

      you can see that there was actual Nielson-owned data shown and available for download - which does violate their copyright

      What data? That the station is in "Nielson DMA# 16"? How is that copyrightable? Is that not a fact? What is creative about the phrase "Nielson DMA# 16"?

  26. Now I'm Worried by Trip+Ericson · · Score: 5, Interesting

    This DMCA notice now makes me worry about my own site. It uses the same list, which is in fact the same list the FCC uses in its own rules and regulations. I've started investigating alternative listing methods, but none of them make sense because they all organize their "target city" by DMA! Listing by state is stupid because a station in New Jersey always targets New York or Philadelphia. Without being able to use the Nielsen DMA, the whole system of listing stations goes to hell.

    Maybe it's just me, but I don't like the FCC making rules that cannot be read because some company has a copyright on it. Examples:

    When digital TV stations were signing on, the FCC said commercial stations in the top 100 markets have to be on the air by 05/01/2002. If you don't have permission to look at Nielsen's "copyrighted" list, then how would a station be able to know what market they're in? Not every station is subscribed to Nielsen's data.

    In 47CFR73.622(f)(5), the FCC lists an exception that allows stations to expand coverage to match "the largest station in the market." How do you know which stations are in your market if you're not allowed to look at Nielsen's market boundaries?

    This whole thing rubs me the wrong way, and makes me nervous.

    1. Re:Now I'm Worried by Yartrebo · · Score: 2, Insightful

      There's precedent with building codes. They're both law and copyrighted. And building codes aren't an obscure part of law - you essentially cannot get a permit to build anything without you (or your contractor) knowing the building code).

    2. Re:Now I'm Worried by Adzigari · · Score: 2, Interesting

      My grandpa worked for various cable companies back during the 90s. He would basically be put in charge of a new TV station office and get them on their feet. I was little, but I remember some sort of map of what stations/services were available where. I think there was a brochure that was publicly available that listed all cable companies in the area, with all the stations they offered and such.

      This was before cable internet was even heard of so there wasn't much else to list other than TV stations. Am I thinking of the Nielsen's list?

      Back on the OT, if the individual companies offer information about what services they offer where, then there is nothing wrong with making an overlapping compilation. As long as the data is shown as unbiased as possible (so that it may be used later for whatever purpose), and from what I understand there is no political agenda behind Wiki, I don't see a problem with it.

      Why the hell would you want to copyright information regarding what services you sever where? It puts a bad name out for anyone observant enough who can see through the restriction of information for marketing purposes. But I often wonder what % of the population is like that.

      If they don't already have a copyright on it then there is no case to discuss. If there is, or ever is, a copyright on that sort of thing then everyone is going to be left in the dark, aside from the new black market that may open up between companies.

    3. Re:Now I'm Worried by Anonymous Coward · · Score: 0

      Copyright doesn't have anything to do with reading/viewing things. I don't know how the heck you got that idea.

    4. Re:Now I'm Worried by multipartmixed · · Score: 2, Interesting

      > Maybe it's just me, but I don't like the FCC making rules that cannot
      > be read because some company has a copyright on it.

      Reminds me of an episode of Numb3rs last season.

      (paraphrasing)

      FBI Agent: You're under arrest for exporting classified research
      Pakistani Scientist: I didn't know my research was restricted! How was I supposed to know??
      FBI Agent: The list of classified information is classified

      Oh yeah. Get the brown guy!

      --

      Do daemons dream of electric sleep()?
    5. Re:Now I'm Worried by base3 · · Score: 1

      Which is why the U.S. Fifth Circuit Court of Appeals correctly held>/a> building codes to be in the public domain when included in law by reference.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  27. This is bovine Feces by Toll_Free · · Score: 1

    The problem with this, you can go to http://wireless2.fcc.gov/UlsApp/UlsSearch/searchLicense.jsp to get pretty much ANY information that they publish.

    Also, the WRTV (World Radio and Television Handbook) has been in existence for literally decades. This lists EVERY known station in the WORLD, their location, power output, frequencies of operation, sometimes antenna structures, etc., etc., etc... WAY more than Neilsen ever produced.

    NOW, if the information was gleaned directly from Neilsen, then yes, it's copyrightable. BUT, if they only used FCC.gov, or ANY of the radio afficianado sites on the internet (and I know of literally a hundred plus) to look up information, then it's complete bullshit.

    HOWEVER, as someone else had said, it is wrong for them to take the pages down, just on a DMCA. WRONG. The DMCA was enacted to protect things. The DMCA should be followed, but a standard should be set that after the DMCA has been followed, the offending pages removed, their should be some type of review to see if the pages where, in fact, in violation.

    Anywho, it's funny. Nielsen is trying to copyright information available on the internet from nearly every government spectrum management association.

    --Toll_Free

    1. Re:This is bovine Feces by Trip+Ericson · · Score: 1

      You misunderstand. This is not technical data, this is marketing data. Which viewers watch which stations, when you buy satellite which local stations you are allowed to see, which markets are larger and smaller than each other, this is the data that Nielsen produces. The technical data is publicly available.

    2. Re:This is bovine Feces by Toll_Free · · Score: 1

      So is Neilsens data.

      That's the problem. The market information is publicly viewable by the FCC.

      Neilsen isn't a government entity, it's a private corporation trying to conceal through obscurity.

      The FCC is the one that decides what your market is going to be. The FCC is the one who DICTATES what your antenna pattern will be. The FCC is the one who DICTATES what your market will be. The FCC is the one who APPROVES what your format will be (talk, music, etc).

      Nielsen is nothing more than a company that created a niche market by taking the information from ULS and other FCC databases and made the public think it was theirs. It isn't, wasn't, never will be.

      Neilsen is trying to protect information that is actually public by trying to make people believe it is THEIR information. In actuality, it's public information that can be gotten from FOIA.

      --Toll_Free

    3. Re:This is bovine Feces by Trip+Ericson · · Score: 1

      The FCC doesn't regulate station formats, actually.

      And it's Nielsen who determines the market layouts, though the FCC can overrule them (see KPBI Eureka Springs MO). Nielsen is not claiming the data from the ULS, just its DMA data.

  28. DMCA is getting out of hand by Maestro485 · · Score: 1

    DMCA notices are the PATRIOT act subpoenas of the digital world. Nobody really knows what they can or can't say about what they've received, and no one really knows what their rights are if they contest it.

    If I contest a DMCA notice, I have to potentially represent myself against an army of really expensive lawyers. If I contest a PATRIOT act subpoena, I'll probably be tossed into prison for trying, and then I'll have to go up against an army of lawyers.

    Strange how the difference isn't all that different.

    1. Re:DMCA is getting out of hand by Dan541 · · Score: 1

      America has always been like that.

      If you do anything someone doesn't like your screwed. You don't even have to do anything at all, if someone wants money they can sue you for damages and if you can't afford to go to court your screwed.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  29. The American Senate is completely bought! by Helldesk+Hound · · Score: 3, Interesting

    This only demonstrates to me that laws such as the DMCA (given their extremely wide scope and the relative inability of any USian citizen to challenge a (good or bad) takedown notice without spending a fortune on lawyers and court fees) could only have been passed by a body that only has the interests of commercial corporations at heart.

    Surely information such as the reception range of various television stations quite rightly is public information.

    DMCA notices shouldn't have been needed for this. Simply going in and making the requisite modifications, or asserting that certain information is copyrighted, and then citing proof of copyright should have been all that is required.

    And besides that, isn't the Neilson corporation about producing viewer statistics not about regulating the reception areas of the transmitters for various television stations?

  30. safe harbors action by drDugan · · Score: 1

    as I understand it, in order to stay within the 'safe harbors' provision, the website operator has to take down content basically immediately and then review, and give the chance for the poster/publisher to respond.

    I'm curious - on Wikipedia, is a DMCA takedown he same technically as a community-driven "delete"?

    Does the community do the copyright review or are there staff at wikipedia that make the call?

    1. Re:safe harbors action by BradMajors · · Score: 1

      The Wikipedia community has nothing to do with it. The take down was decided by the owners and paid staff of Wikipedia with no input from anyone else.

  31. Re:Did not RTFA... are they sending a DCMA to the by Trip+Ericson · · Score: 1

    Nielsen produces marketing data, like viewership numbers and which station belongs to which market, etc. The technical data from the FCC is publicly available.

    The problem is that any listing of TV station relies on those Nielsen numbers because every station crafts their programming and coverage based on those numbers. Further, the FCC uses them in some of their rules! There's one rule that says a station is allowed to exceed the FCC power limit to "match the coverage of the largest station in the market." Well, if you can't get a list of stations in your market, how are you supposed to know which station is the largest?

  32. Wikipedia - Edit this page? by Anonymous Coward · · Score: 0

    Why didn't they just edit Wikipedia? Seriously, why go to the trouble of a DMCA take down notice?

  33. Organizing facts can add value by dpbsmith · · Score: 1

    Consider the value Mendeleev added to the names of the elements when, instead of listing them in alphabetical order, he organized them into the Periodic Table.

    Consider the value Tom Lehrer added to them when he arranged them to make a funny song out of them.

    1. Re:Organizing facts can add value by russotto · · Score: 1

      Consider the value Mendeleev added to the names of the elements when, instead of listing them in alphabetical order, he organized them into the Periodic Table.

      Consider the damage that would have been done had Mendeleev obtained exclusive use of that arrangement.

  34. WWWLD? by Hao+Wu · · Score: 1

    What would Wikileaks do?

    This is why companies want to move to other countries, or in some cases the ocean.

    --
    I suggest you read Slashdot
  35. Confused. by houbou · · Score: 1

    Listing TV stations that are sorted in geographical order is a copyright infringement?

    How can that be? makes no sense to me.

    Beside, how can Nielsen Media Research own this type of listing in the first place? Aren't these stations already OWNED as is? How can Neilsen Media Research even think that they are the only entity allowed to own such a list and I assume dictate who else can either display it or use it? Anyone can browse the various websites these TV networks have, and come up with a list of their own.

    Websites like TV.com for example, list TV shows, are they going to get sued for being able to list the stations based on geography?

    See TV.com listings as an example.

    I think the Neilsen Media Research is overreaching themselves and certainly, when push comes to shove, if this ever went to court, they would lose. After all, they do NOT own any of these stations to begin with. Anyone can come up with this type of list. These TV stations are are businesses, I've never heard of anyone not being able to list a bunch of businesses by geographical order yet.

  36. What Nielsen appears to be saying. by Anonymous Coward · · Score: 5, Informative

    OK, having actually READ TFA and some other postings about this topic, here's what this appears to be about.

    Wikipedia wanted to list all the TV stations for each major television market.

    But how do you define what stations are in a given "market"? For example, does the "New York City" market area include Newark, NJ? What about Trenton, NJ? Does it extend into Connecticut? If so, how far?

    Ultimately, the way you group a set of locations into regions is somewhat arbitrary, and there are a lot of ways to do it. For example, the US Census Bureau has one set of metropolitan areas they use to report major statistics. Nielsen has their own grouping of cities (and therefore stations located in those cities) into markets.

    Nielsen's grouping is not identical to other public groupings like the US Census bureau's. It's what they feel are the appropriate groupings for television advertising marketing, since that's who their customers are. And they put work into developing and refining their classification scheme.

    What appears to have happened is that Wikipedia wanted to list television station, and wanted to organize that list of stations by Nielsen market area. Heck, take a look at the delete log in the original post--they were even calling their organization "Nielsen markets."

    Nielsen's position, as I understand it, is that Nielsen's mapping of cities (and therefore stations) into markets is their own unique work, which is not public domain, and it's not OK for Wikipedia to use Nielsen's mappings without their permission. If Wikipedia had used a different organizational scheme for the same data (e.g. US Census metro areas), Nielsen likely wouldn't have had an issue with it.

    Please note I'm not trying to play apologist for Nielsen or the DCMA here--I'm not a huge fan of the DCMA or US definitions on what's "copyrightable." However, I do prefer looking at a case on it's individual merits to knee jerk "anyone using the DCMA must be evil!" arguments.

    1. Re:What Nielsen appears to be saying. by DragonTHC · · Score: 1

      it's public information. You can't really copyright that sort of info.

      That's like trying to copyright the constellations in the sky.

      --
      They're using their grammar skills there.
    2. Re:What Nielsen appears to be saying. by Anonymous Coward · · Score: 0

      well, by following your logic, all the emails that I receive in my mailbox are my own copyrighted material, since I re-arrange them in specific folders when they arrive, no matter who wrote it or how they ended-up in there...

      the same would apply to files that I store on my disks since, as you say, it's me who decided in which way to organise them ?

      would that match the requirement of "creative work" or maybe creativity is a little more than defining a set of containers and throwing stuff in those depending on the context or shape, which probably also a monkey or a 2-year old baby would be able to do ?

      thanks for your patience

    3. Re:What Nielsen appears to be saying. by HeronBlademaster · · Score: 1

      The content of the Harry Potter books is also public information. Would you argue that the Harry Potter series can't be copyrighted?

    4. Re:What Nielsen appears to be saying. by Anonymous Coward · · Score: 2, Informative

      Wikipedia wanted to list all the TV stations for each major television market.

      But how do you define what stations are in a given "market"? For example, does the "New York City" market area include Newark, NJ? What about Trenton, NJ? Does it extend into Connecticut? If so, how far?

      Ultimately, the way you group a set of locations into regions is somewhat arbitrary, and there are a lot of ways to do it.[...]

      Nielsen's grouping is not identical to other public groupings like the US Census bureau's.

      Precisely right. And that claim may or may not stand up in court, but it is sufficiently credible to be taken seriously as the foundation of a takedown notice, and would have resulted in removal *even without DMCA* because Wikipedia is part of the open source movement, and we try to avoid using proprietary / copyright material (the most obvious case being "fair use" images, which are deprecated, and do we ever get crap for not wanting images which are unquestionably copyright by someone else).

      And this is not exactly a finely balanced call - the templates explicitly referenced Nielsen and said that these were lists by Nielsen market, which rather suggests that the criteria might be somehow tied to Nielsen's analysis. Selling their intellectual property is how Nielsen make money, it is not just part of their businsess, it *is* their business, so I can see why they would want to protect their IP.

      People are already working to recategorise by some objective criteria not tied to the Nielsen market data. The consensus appears to be that this will resolve the issue. So it's just another teapot tempest, really.

    5. Re:What Nielsen appears to be saying. by zentec · · Score: 1

      This is exactly the case.  A television market is defined by Nielsen and it changes.  You can not necessarily term it as "the Miami DMA" or the "New York DMA" because that is indeed their property.

      Likewise, you can't list the stations in an order of rankings that is derived from viewers since the only measurement of any scale is by Nielsen.

      I dislike Nielsen, and while I respect their right to protect their property, I agree with others sentiments that sometimes they have to allow certain aspects of their "property" to be public knowledge.  There is nothing wrong with allowing anyone to publish information about a particular broadcast market's stations.  Population, counties, viewing habits and other statistics gleaned from their "People Meters", fine.

      Like many companies related to "old media", Nielsen's comeuppance is overdue.

    6. Re:What Nielsen appears to be saying. by Anonymous Coward · · Score: 0

      Thank you AC! I really wish someone would do a summary like this for all slashdot articles - and preferably early in the conversation.

      I'll try to do it when I have time.

  37. Area Man by RealGrouchy · · Score: 1

    Now, I'm just your average Area Man, but I think this would be a whole lot simpler if people didn't waste so much time watching TV.

    - RG>

    --
    Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    1. Re:Area Man by celle · · Score: 1

      "Now, I'm just your average Area Man, but I think this would be a whole lot simpler if people didn't waste so much time watching TV." Same with wasting time on computers. Go out and experience the real world you lazy bums.

  38. I wish they'd fight the DMCA notices... by Anonymous Coward · · Score: 0

    I know why people don't fight the DMCA notices with counter-notices: it's too expensive and could lead to litigation.

    But I really wish they would in cases like this :( Maybe the EFF will step in if whoever was hit by the notice asks them to?

  39. I can't speak for Toledo by davidwr · · Score: 1

    The DMCA announcement probably took a shotgun approach and all templates which used the trademarked terms probably got the "zap first ask questions later" routine.

    Suppose there was a TV station halfway between Toledo and Detroit. Which market area is it in? It's in whatever market area Nielson puts it in. That's enough to establish a plausible claim to copyright. Plausible meaning you won't get laughed out of court, not that you will win.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  40. Failure to differentiate patents from copywrite by wisty · · Score: 1

    Let's add a fourth category to Unnecessary, Invalid, and Bullying. Failure to differentiate patents from copywrite. A template or classification system is essentially a "system and method", so it really falls under patents, not copywrite (protection of creative works). Unlike literature or software, a classification system is not a work of art. So why not sue using the patent (if they wanted one)? OK, I'm not a lawyer, and they may have a case. I'm still pissed off at the concept.

    1. Re:Failure to differentiate patents from copywrite by Anonymous Coward · · Score: 5, Informative

      lets add a fifth category. failure to differentiate between copywrite and copyright. I suggest reading this article.

    2. Re:Failure to differentiate patents from copywrite by KGIII · · Score: 1, Informative

      A link to UNCYCLOPEDIA is INFORMATIVE?!? *sighs*

      Alright... Where's my slashdot and how much do I have to pay to get it back. Funny, yes. Informative? WTF? Uncyclopedia's fricken charter is to NEVER be informative but to always aim for funny. I'd link to that but some crazy SOB might mod me informative for it.

      --
      "So long and thanks for all the fish."
    3. Re:Failure to differentiate patents from copywrite by Anonymous Coward · · Score: 0

      Problem is, after reading it, it sounds pretty accurate. The RIAA are accusing printers of downloading songs ffs..

    4. Re:Failure to differentiate patents from copywrite by Anonymous Coward · · Score: 0

      The Informative moderation was for copyright vs copyWRITE, not for the Uncyclopedia link. FYI.

  41. All it takes is one by davidwr · · Score: 1

    If there are 100 market areas and even 1 is creative, the whole list becomes suspect and needs to be given an individual examination. It's trivial to spot the ones like "Dallas/Ft. Worth" or "Indianapolis" but there are some non-trivial ones in the list.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  42. That's permitted? by Aerynvala · · Score: 1

    I admit I'm not well-informed re: DMCA, but I didn't know that sites receiving the notice could do that.

    --
    http://transformativeworks.org/
  43. Just For That... by bratwiz · · Score: 1

    I'm changing my TV channel to CSPAN and leaving it there.

  44. I agree with SleepingWaterBear by Jane+Q.+Public · · Score: 1

    the courts have also held that speech may not be forcefully restrained without due process; it matters little who is doing the restraining.

    The fact that restraint of speech principles apply to individuals, and not just government, is evident from a vast multitude of court cases. If you doubt this, you need only look up cases involving blacks in the South and the KKK, for example.

    1. Re:I agree with SleepingWaterBear by Wooky_linuxer · · Score: 1

      Wow! I'll have to agree with you here JQP. The DMCA is a government instrument, so, even if Nielsen is the one using it, the government had its hand in approving and enforcing a law that can so easily be abused to restrain free speech.

      --
      Where is that guy who'd die defending what I had to say when I need him?
    2. Re:I agree with SleepingWaterBear by conlaw · · Score: 1
      Could you please give me the citation for any federal case in which a private party was held liable for a restraint on speech when it enforced or attempted to enforce the rights given to it under a federal law?

      This request does not include the "quasi-public property" cases such as Marsh v. Alabama, and Pruneyard Shopping Center v. Robbins, which are discussed in Hudgens v. NLRB, 424 U.S. 507 (1976), at 513-521.

    3. Re:I agree with SleepingWaterBear by Jane+Q.+Public · · Score: 1

      You are specifically asking about cases in which the authority to repress speech was authorized by federal law. That was not the subject of my comment.

    4. Re:I agree with SleepingWaterBear by conlaw · · Score: 1

      Okay, then cite me some state law cases in which the plaintiff prevailed against a non-governmental entity on the grounds of a restraint on speech under the First Amendment.

    5. Re:I agree with SleepingWaterBear by Jane+Q.+Public · · Score: 1

      First, IANAL, and I never claimed to be. Second, Mr. "Conlaw", are you? And third, why are you so intent on this subject? That is, why should I go to the trouble? Convince me.

    6. Re:I agree with SleepingWaterBear by conlaw · · Score: 1
      I don't have any need for you to look for these non-existent cases. You're the one who said:

      the courts have also held that speech may not be forcefully restrained without due process; it matters little who is doing the restraining. The fact that restraint of speech principles apply to individuals, and not just government, is evident from a vast multitude of court cases. If you doubt this, you need only look up cases involving blacks in the South and the KKK, for example.

      It's just that I sometimes get tired of people spouting off about what the law says when there's no basis in fact for their assertions.

      If you're really interested in decisions about free speech, I'd suggest reading about them. Some good starting sources are the Electronic Frontier Foundation, http://www.eff.org/; and Find Law, http://www.findlaw.com/ as well as many papers and books availablle online, such as http://www.krusch.com/real/copyright.html and http://www.mttlr.org/volthree/foster_art.htm

  45. Thanks, irresponsible modder! by Jane+Q.+Public · · Score: 2, Informative

    You can disagree with me all you like, but modding my comment as "redundant" was simply wrong. It was a valid and original reply to the person who posted.

  46. surprised Nielsen has the time... by Anonymous Coward · · Score: 0

    ...for this shit, being busy with the big offshoring project and all...

  47. DMCA Sucks by Anonymous Coward · · Score: 0

    takedown notices should have had to go through the courts, not just let companies send takedown notices for no reason. what a terrible piece of legislation

  48. It used to be called the Protection Racket by Anonymous Coward · · Score: 0

    Threat -> Extortion, which IS a crime. When lawyers using this method go to jail, the rest will be encouraged to use the mechanism as it was intended.

  49. Mod me.... by kmkznobeikoku · · Score: 2, Insightful

    Offtopic, perhaps, but if a categorization schema can be copyrighted and summarily suppressed by Neilsen in this way, with the switch to digital in progress in the U.S., what's to prevent somebody from copyrighting and similarly suppressing transmissions themselves based upon a particular encryption algorithm used in the act of transmission? Seems like it would set the stage for blanket censorship of the media at a fairly fundamental level, and that IS worrisome. At the very least, it could require visual media to be offered on a subscription basis only, which kinda negates the concept of free speech, doesn't it?

    1. Re:Mod me.... by mr_matticus · · Score: 1

      what's to prevent somebody from copyrighting and similarly suppressing transmissions themselves based upon a particular encryption algorithm used in the act of transmission?

      Well, ignoring for the moment the fact that algorithms aren't copyrightable, the obvious (or, perhaps, not so obvious, apparently) problem with this theory is that the copyright holder can't force you to use their copyright. No one would adopt your algorithm without explicit license agreements permitting them to use it for broadcast, and no potential competitor would ever give you veto power over content.

      This wouldn't give any entity more power than the broadcasters already have, and broadcasters wouldn't be willing to cede any of that power to someone else. Who would this even be used against?

      Again, though, because an algorithm isn't copyrightable, it's a moot point.

  50. Free Speech by Anonymous Coward · · Score: 0

    This is all about the censorship. After all, censorship is becoming America's favorite past-time. The US gov't (and their corporate friends), already place protesters in fenced-in cages, ban books like "America Deceived" from Wikipedia, Amazon and Facebook, and shut down Ron Paul. Free Speech forever.
    Last link (before Google Books caves to pressure and drops the title):
    America Deceived (book)

  51. Two Steps by Nom+du+Keyboard · · Score: 1

    1: Demand to see Nielson's copyright notice and sue them when it's not forthcoming.

    2: Wikileaks!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  52. Copyright your site by freedom_india · · Score: 1

    Make your own site copyrighted. That way if nielsen sends you a DMCA takedown notice, send them back a copyright violation notice stating they didn't get your written permission to copy stuff from your website to send you the DMCA takedown.
    This is how companiy lawyers think.
    Use their own notice to your advantage and claim in courts you were wronged. Plus sue them in small-claims court. Tell the court nieslen copied stuff from your site and show the judge "crucial" parts of their letter (silently ignoring the fact its a DMCA notice) and establish a precedent.
    Nielsen can't come down to small claims without a lawyer: so that can't come at all.
    Once you set a precedent, move to County or sympathetic state courts where your precedent plays a more crucial role than their lawyers.
    That way you can defeat them easily, plus earn serious money.

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  53. Revenge by britneys+9th+husband · · Score: 2, Interesting

    Just for this, if Nielsen ever asks to track my household television viewing, I'm going to feed them a pack of lies!

    --
    Hear recorded Slashdot headlines on your phone! New service beta testing. Just call (248) 434-5508
    1. Re:Revenge by HeronBlademaster · · Score: 1

      Nielsen's data is used to determine which shows to air and which to cancel - feeding them lies will get your favorite shows canceled and the crappy reality shows played over and over and over. Please don't do that. Just say no if they ask.

    2. Re:Revenge by shermo · · Score: 1

      So who's been lying to Nielsen for the last 5 years?

      --
      Insanity: voting in the same two parties over and over again and expecting different results
    3. Re:Revenge by HeronBlademaster · · Score: 1

      It's actually not about people lying to Nielsen - it's that their information gathering methods are likely to ignore the demographic that enjoys shows like Star Trek and Firefly. I don't have a landline, so I never get involved in their phone surveys. Their set-top boxes don't take into account DVR (something the denizens of Slashdot are likely to have and use regularly).

      So, we end up with marketing statistics that show "EVERYONE LOVES SURVIVOR" even though a significant portion of the TV-viewing population is ignored by the marketing data.

    4. Re:Revenge by britneys+9th+husband · · Score: 1

      Fine, I'll just lie differently. As far as Nielsen is concerned, all I do after work is watch cool shows for 10 hours straight. And if anyone comes over and wants to watch Survivor, Nielsen will never hear about it.

      --
      Hear recorded Slashdot headlines on your phone! New service beta testing. Just call (248) 434-5508
  54. Compliance brings benefits by Mathinker · · Score: 5, Informative

    > Wikipedia and most other website owners will comply with a DMCA notice
    > regardless of whether or not it is valid because they don't care
    > and is the simplest thing to do.

    No, they will comply because doing so gives them, via other provisions of the DMCA, a modicum of immunity to monetary liability for copyright infringement.

  55. Policy to publish received DMCA notices by ysth · · Score: 1

    My reaction to reading this article was: why doesn't wikipedia have a policy to publish all received notices (if not locally, then perhaps on Chilling Effects)?

    Does slashdot have such a policy? If not, why not?

    Does your website have such a policy?

  56. Google has it mostly cached, mirror it by sethstorm · · Score: 1

    Just use the deleted page url and append cache: before it in a google query.

    Google's still got some of the urls cached,
    As of this post, this and others are cached.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  57. A giant scary green slime is spineless also by Mathinker · · Score: 1

    To a large extent, we are running the place, no matter what certain Wikipedia admins might think. A few of the really obviously non-Nielsen related articles (which dealt with what TV stations are available in which localities) which were deleted have already been put back up.

    In this light, I call on you and all of us to go and preemptively adopt the parallel Arbitron radio markets info just in case Arbitron gets ideas. I.e., go back them up so we can reinstate them more easily.

    If the unregulated users of Wikipedia take action, Nielsen is up the creek. As stated in other posts, the DCMA does not enable "prior restraint", so the Wikipedia admins only need to delete the articles after notification of their existence. If they are recreated almost instantly, by us, this will just be a big waste of Nielsen's time and money.

  58. Er, probably not by Mathinker · · Score: 2, Insightful

    > Maybe they agree and took it down because they personally recognise
    > that the copyright belongs to Nielsen?

    Er, probably not. The DCMA provides for non-judicial takedowns, but it also gives organizations which acquiesce to those takedowns a large amount of immunity to monetary damages. Practically everyone prefers to have to go through the rigmarole of removing the content, filing a counterclaim, and reinstating the content, in order to greatly lower financial exposure.

    BTW, do you really think that Nielsen owns a copyright on the list of TV stations available in the Toledo, Ohio area?

    1. Re:Er, probably not by ultranova · · Score: 1

      BTW, do you really think that Nielsen owns a copyright on the list of TV stations available in the Toledo, Ohio area?

      That depends on whether they have and are willing to burn more money than anyone who would dispute that claim, obviously.

      Once upon a time, when our ancestors lived in the jungle, they had but one law: might makes right. Then someone got the brilliant idea of using everyone's combined might to enforce touchy-feely laws which allowed even the small and the weak to win against the powerful every now and then. And there was much cries of outrage and grinding of teeth amongst the poor powerful thus oppressed, until some of them learned that the weak are gullible. Thus did the powerful find a number of ideologies to trick the weak into thinking that the very systems which existed to protect them shackled them instead, and so was free-market capitalism born, and for a while the weak were again grinded underfoot.

      But then the meek realized that they could unite and form unions to help themselves, and the teeth of the powerful were in poor shape again; but the mighty are not that without cause, so they once again managed to turn the arrogant stupidity of at least some of the weak against them. While all didn't fall into the trap, the most arrogant - those who thought themselves brillant - did, and thus did the IT workers grind 60-hour workweeks and spent their rare free moments ranting against unions which would put an end to the abuse, because each of them in their heart knew that they were the special one who was better than the others, and would be recognized as one of the mighty one day.

      Meanwhile, the mighty found that the very legal system which had been built to restrain them had been corrupted and perverted to the point where it could be wielded as a weapon by them. Thus have we ended the abomination of government intervention in the affairs of the powerful and returned to the law of the jungle. Rejoice, libertarians and rayntards, for once again might makes right, just like you wanted !

      Mod me down with all of your hatred, free market fundamentalists, but you'll still be peons for all of your life, and the more closely the society resembles your ideal, the heavier your chains that bind you will be.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  59. No Wikipedia dumps recently by Anonymous Coward · · Score: 0

    Wikipedia hasn't released an English dump (backup) for months, if not over a year.

  60. Same info with different organization will be up by Mathinker · · Score: 1

    From http://en.wikipedia.org/wiki/List_of_television_stations_in_North_America_by_media_market#United_States_of_America :

    Note: Due to copyright issues referenced by Nielsen Media, we cannot list the media markets as shown. Instead, a list of markets according to Metropolitan Statistical Area will be listed here soon.

  61. Stupid twat by Anonymous Coward · · Score: 0

    Harry Potter is written by a private member, not by the public institution.

    1. Re:Stupid twat by HeronBlademaster · · Score: 1

      Nielsen isn't a public institution.

  62. Enough to remove the Free Market? by Anonymous Coward · · Score: 0

    Enough to create a monopoly that will last 100 years?

    No.

  63. My 4 points by fudgefactor7 · · Score: 1

    (1) I would have told Nielsen to go fuck themselves, followed by "See you in court, asshole!";
    (2) As previously stated, facts like these are public domain and not copyrightable;
    (3) DMCA is a fucked up law that never should have seen the light of day anyway;
    (4) It is for bullshit reasons just like this that Wiki is doomed and shitty.

  64. I'm so happy.. by TheDarkMaster · · Score: 1

    ... for living on a country where DCMA is NOTHING...

    --
    Religion: The greatest weapon of mass destruction of all time
  65. No loss :p by Lord+Lode · · Score: 1

    These articles are no loss IMHO, I mean, 300 articles about some stupid Nielsen Marketing Boxes (whatever that are) are OK on Wikipedia, but one little article about an esoteric programming language or a too deep explanation of some fan fiction is deleted. At least now other useless subjects are treated the same and also have 0 articles.

  66. Yes but.... by Whiteox · · Score: 1

    So what about Deletionpedia http://deletionpedia.dbatley.com/w/index.php?title=Main_Page
    They claim that they store all deleted Wikipedia pages. IF this is so, wouldn't they also be subject to the DCMA notice? Or does Nielsen have to give them a separate one as well?

    --
    Don't be apathetic. Procrastinate!
    1. Re:Yes but.... by Vellmont · · Score: 1

      some pages we don't upload (for example, if it is automatically identified as being a copyright violation or having other serious problems).

      --
      AccountKiller
  67. Media limitations (no, not DRM) by Mathinker · · Score: 1

    Wow, it's really a pity that Slashdot didn't let you add that dramatic drum-roll in the background...

    1. Re:Media limitations (no, not DRM) by Anonymous Coward · · Score: 0

      He may be a drama queen but he has a good point.

  68. I know just how to get them back! HAH! by Aphoxema · · Score: 1

    Just the other day I got a survey from Nielsen with 2 dollars with it, and I was more than happy to fill it out and turn it in but now suddenly I'm not so interested in filling in any check boxes.

    --
    "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  69. Fcc Market Rank by Anonymous Coward · · Score: 0

    Doesn't this FCC Market Rank Listing violate Neilson copyright as well? http://www.fccfees.com/tvmarkets.htm

  70. -1 WRONG by Gerad · · Score: 1

    Never seen a legitimate use of it? Have you ever seen a site like YouTube, which can stay afloat despite hosting all sorts of copyrighted material? The DMCA is a weapon against content holders as well, as it allows hosting providers a safe harbor against lawsuits as long as they comply with takedown notices. If not for the DMCA, YouTube would have been sued into the ground a long time ago.

    --
    Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    1. Re:-1 WRONG by Dan541 · · Score: 1

      Websites are not accountable for content posted by their users, DMCA means I can have anything I don't like pulled offline, How is that a fair system?

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  71. Expedited Takedown by fractalus · · Score: 2, Informative

    IANAL etc. etc. but the whole point of the takedown provisions was to provide an expedited removal process that didn't require the courts. Last time I read the DMCA it seemed like the process was pretty straightforward: you send a takedown notice to the site that informs them someone posted infringing copies of your material on their site, and you include all your relevant contact information. The site takes down the material and informs the poster they've done so. The poster can then request the material be restored if they provide full contact information for themselves, to be forwarded on to you. Now you have contact information for the infringer and you can file suit if you care to.

    Everybody gets up in arms over the DMCA takedown notice process, but this actually seems like a pretty reasonable policy in an otherwise really bad law. By providing expedited takedown, sites limit their liability for hosting infringing material. Anyone who receives a takedown can request the material be restored, at which point there's no counter-counter-takedown notice, it just moves completely to the courts. Sites do not get caught in the battle between copyright holder and infringer, unless they want to be.

    Nothing is stopping a site from ignoring the takedown notice if they know it's bogus. The biggest downside is that contesting the notice requires losing anonymity, which leaves open the possibility of abusing the process specifically to find anonymous critics.

    It's not a perfect process, but I think actually this is one part of the law where they were at least trying to do the right thing. (I'd bet that the copyright cartels didn't want any counter-notice process.)

    --
    People are never as simple as their stereotypes. This applies equally to Christians, Muslims, and Emacs-lovers.
  72. A solution to reveal the DMCA users/abuse by Orig_Club_Soda · · Score: 0

    I wish that every page removed by DMCA was replaced with a note "This content removed by DMCA by [party's name] on [date]." Then we could track who is abusing the request and petition them.

  73. Not as nefarious as you think by davidwr · · Score: 1

    The archive isn't subject to editing, BUT the embedded elements may be captured at different times.

    For example, if they captured the html and an image on 1/1/96 and again on 1/1/98, and for whatever reason deleted the image, a later version of the image and/or the "live" copy of the image will be used instead, or perhaps a placeholder will be used.

    This can lead to bizarre situations where a page from a given date embeds a 3rd-party newsfeed, and the newsfeed is from months or years after the page in question.

    In the case of http://www.google.com/ the oldest page is a "coming soon" page with no logo. The 2nd-oldest page is from 12/02/1998. The image is http://www.google.com/google.jpg. The oldest copy of that is dated 5/4/99. When you pull up the 12/08/98 version of www.google.com, you see the image from 5 months later, because there is no older archived version.

    This is not a case of Google "buying off" The Internet Archive. It may be something as simple as them asking that the pre-5/4/99 versions be removed, or more likely, that they were never saved in the first place.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Not as nefarious as you think by Larryish · · Score: 1

      Ah, that's no fun.

      It is totally a conspiracy, Mr. Buzzkill.

  74. You see, the thing is... by Jane+Q.+Public · · Score: 1

    ... that regardless of my ability to comply with your demand, your attitude does not motivate me to do so.

  75. Hmmmm by Jane+Q.+Public · · Score: 1

    I am quite familiar with the EFF (I am a long-time supporter), and Find Law. But you seem to be very forceful about your insistence that I do not know about these things, without presenting any contrary evidence or argument of your own.

    Sorry, guy. I have watched a number of your posturings here in ./ and I am not impressed. If you want to make a counter argument, then make one. Otherwise, stop wasting my time.

    (Actually, I take that back. You are not wasting my time. I just found this comment of yours by looking back at old subjects, and I really don't much give a shit whether you reply or not... based on your other comments here on ./, the truth is that I don't have a lot of respect for your opinion.)