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Sony Sends DMCA Notices Against Users Spreading Leaked Emails
Dangerous_Minds writes Last week, Sony threatened legal action against users spreading information obtained through the e-mails that were leaked as a result of the Sony hack. Sony has begun carrying through with those threats. Twitter, after resisting demands that a user account be suspended for publishing leaked e-mails, has received a DMCA notice saying that the e-mails are, weirdly enough, copyrighted.
however, in order to protect said automatic copyright, and have legal standing to win a lawsuit for instance, in the u.s. works must be registered with the trademark and copyright office. this, of course, was not done with the emails. this can be considered dissemination of proprietary and confidential corporate property and trade secrets, which should have at least as strong of a case for sony.. just not via dmca.
Very incorrect, on two counts:
(1) Copyright registration is merely a verifiable record of the date and content, in case of some future claim of plagarism or Copyright infringement by another party. Registration is only required on claims of statutory damages for an infringement suit, and that's valid as long as it occurs within 3 months of publication. For that to be useful to Sony, however, they would have to also establish value for the Copyright work. Since they were able to do this for the "Spectre" script, Twitter took the excerpts down. Email is a different matter.
(2) AT&T USL attempted to pull the "Trade Secret" trick of having their cake and eating it to in the AT&T USL v. The Regents of the University of California at Berkeley. The problem with Trade Secret disclosure is once a secret is disclosed, it's no longer secret. You can Patent something (requires disclosure) or you can Copyright something (also requires disclosure). In exchange for that disclosure, you are then granted certain legal protections, but those protections do not attach to Trade Secrets. For a Trade Secret, in order to collect damages, you, again, have to establish a value for the Secret. But - and this is a big one - you can only collect those damages against the original discloser - you are not permitted to seek out deep pockets. So Sony can take it up with North Korea (or whoever we've decided was responsible this week), but they can't take it up with this Twitter user, unless they can prove he was the disclosing party. So again: any trade secrets in to emails is *gone*.
The other problem is the use of the DMCA in this case: unless you are the Copyright holder, or you are a designated agent acting on behalf of the Copyright holder, you do not have standing, under the law, to assert a DMCA claim on behalf of someone else. This was the problem that a number of the DMCA takedown companies had with their third party takedown notices. This was actually precisely what occurred in the Righthaven v. Wayne Hoehn case.