New Anti-Piracy Law In Australia Already Being Abused (abc.net.au)
Gumbercules!! writes: A small Australian ISP has received a demand that it block access to an overseas website or face legal action in the Federal Court, in a case in which a building company is demanding the ISP block access to an overseas site with a similar name. This case is being seen as a test case, potentially opening the way for companies and aggregated customers to use the new anti-piracy laws to block access to companies or their competition. The ISP in question has obviously been selected because they're very small and have limited financial capacity to fight a legal case.
Just tell them to go talk to the registrar of the .com domain and that you (as the ISP) aren't a party in their trademark claim.
Law functions for purpose for which it was designed.
Informed citizens not surprised, sheep finally start making baaaa sounds.
No fucking s**t... really?
There is a myth among the hoi polloi that lawyers are magicians so smart and so experienced that they can argue anything out of nothing, therefore they are necessary in expensive hordes in order to win a legal battle.
Now, there are complex commercial battles in civil law where the lawyers might as well be chanting spells at each other - and the outcomes of such cases are as beneficial to society as waving a wand - but these are few and far between.
In most cases, one intelligent legally trained person will be able to see a legal team trying what is little more than bullying, and there will be little difference between employing them and hiring a crack team of elite legal vultures, as the argument will come down to the same thing.
I heartily recommend that everyone take some basic legal courses, and spend time reading judge's arguments (the original reports, not media summaries) in random cases. They usually aren't that complicated, and - most importantly - they usually make logical sense in the context of the law.
(I still think the law is skewed in favour of what would classically be called the "owning classes", but not nearly as much as it could be. Its bark is worse than its bite.)
Damn those aggregated customers they can be so....aggregating!
blindly antisocialist = antisocial
If you go to the infringing site you might get the impression that this is the Australian builder. It is not. Scroll to the bottom and the contact info is in India. The actual Simonds Homes is something else.
Looks like deceptive practice on the part of CHM Constructions. What can Simonds do to defend itself?
CHM Construction website contains a Simonds Homes logo
If the oversees site is using the logo to confuse people into thinking it is an official site then it is trademark infringement. Does not seem Trademark falls under the law. But I won't lose sleep if they block a fishing or scam site.
It is most obviously in the interests of the big ISPs to beat this. Therefore it is obviously in their interests to somehow finance the legal fight against it. But then how many can see farther than the next quarter?
Did anybody not expect this? The real question now is whether this will get worse or whether judges and lawmakers will grow brains
If I am an Australian PC Maker, I should quickly form a company under a shell corp, register www.dwell.com, then file a claim against Dell stating they are infringing on my name and block access to the site.....
Just brilliant.
Section 115A didn't exist in 1968, therefore the letter of claim is incorrect and probably unenforceable in the federal court.
In the demand letter, Simond's actually quotes the appropriate legal action that they should be taking: Get an injunction. Simonds undoubtedly recognizes that their case for a copyright injunction is weak and is trying for an end run by running over s small ISP with hopes of using their acquiescence as a tool to enlist more ISP's. Look at the CHM site, I get why Simond's is fighting mad. So they're beating up the nearest 98 pound weakling they can find in an effort to "do something NOW"
Blocking access to the site from Australia probably won't make a whole lot of difference, because the real reputational damage might arise elsewhere. Simonds need to get the site shut down or amended.
The most obvious way to do this would be to file a DMCA complaint. "But wait," you say ,"neither party is in the US!" True - but chmconstructions.com is hosted in the US, and all the major search engines are *also* hosted in the US, do they *do* have to comply with a DMCA complaint. In my opinion, there is sufficient copied material on the Indian site to justify a DMCA complaint. And you don't even need to get lawyered up for that.
The other way to do it is to hire a law firm in INDIA and threaten legal action over there. Indian lawyers are not expensive, but in my personal experience in a similar case.. they are of highly variable quality. Probably better than the Ozzie lawyers Simonds hired though. But if you actually want to *do* something about the problem, then India is the place to go.
Never email donotemail@WeAreSpammers.com
Hooray for Hollywood used to mean something positive. Now it refers to the copyright industry destroying the Internet bit by bit. Anyone thinking that Australia decided to do this all by themselves without massive pressure from the US Gov't = USTR = Hollywood, please read up.
When the copyright term is "forever minus a day", live every day like it's the last.
Does this law have the ability to force the phone company to block calls to the company also?
Then you'll see why Simonds has a pretty good case. CHM Constructions blatantly acts as though they are Simonds. Simonds has a right to protect itself inside its own territory. This isn't someone comparing themselves to Simonds, it is a flat out rip-off.
If your name was being abused overseas, would you want or only remedy to be to go to that country and try to prevail?
I am assuming that this site is attempting to defraud potential home buyers in Australia.
There seems to be a number of scams targeting Australians via Tech support and fake tax evasion warning scams. The callers seem to have Indian accents and this site's postal address is also Indian.
This site must be stopped, but the approach lawyers have taken is wrong. Rather than going after the website they should go after the person or criminal syndicate. I assume Indian and Australian governments have an interest in stopping these scams. If not they have their whole tech/call centre business tainted by fraudsters.
hmmm bong might catch on... especially by the junkies.
The name of an act doesn't change just because it's amended.
sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
With the way the copyright section is written copyright rulings in one jurisdiction will be applied in others. It doesn't apply in this case since it's blocking at the ISP. But having something called a copyright infringement in Australia lets a company go to a Canadian ISP and have content taken down even if it doesn't infringe on copyright in Canada.
In this case the Australian company should have just filed a complaint with ICAAN to get the domain moved to them as the Indian company was obviously trying to make the site look like the Australian company.
block both sites. nothing of value lost
We are taking a page out of corporate America's book!
"Apk doesn't think DNS servers are worth running & believes Microsoft Active Directory can run w/out DNS." - by Coren22 (1625475) on Tuesday October 27, 2015
Where'd I say it? Show us. I say AD needs internal DNS far back as 2007 http://forums.tweaktown.com/wi...
See "To warn users who have ActiveDirectory/AD LAN-WAN setups to NOT use external DNS servers" there on OpenDNS free (I use it) + AD in my security guide.
+ how to migrate hosts across a LAN (admin/scripts not GPO)-> http://slashdot.org/comments.p...
... apk
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I'm RIGHT on admin priv + hosts (WFP/SFP)!
"figured out why privilege escalation's a bad thing?" - by Coren22 on Tuesday September 22, 2015
How else can I programmatically update hosts itself?
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"it requires elevation to write hosts" - by Coren22 (1625475) on Wednesday September 23, 2015
Hypocrite later admits it!
Even MalwareBytes AntiMalware DEMANDS it or it can't do a job fully like many security tools!
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"Needing admin privileges every time a program updates is poor design" - by Coren22 (1625475) on Tuesday November 10, 2015
Mine doesn't to get new data to update hosts vs. threats. Only hosts itself updates need it vs. WFP/SFP. Users set it too. It's not programmatic impersonation.
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"90's tech to fight modern war" - by Coren22 (1625475) on Tuesday November 10, 2015
Ozymandias/Watchmen per a namesake:
"I resolved to apply antiquities teachings" (hosts) "to our world today & began my path to conquest - Conquest not of men but of the evils that beset them: Fossil Fuels (antispyware), Oil (antivir), Nuclear Power (addons) are like a drug & you gentlemen along w/ foreign interests are the pushers"
It works Aryeh Goretsky NOD32/ESET hosts = good security-> http://it.slashdot.org/comment...
Oliver Day (Symantec) too-> http://www.securityfocus.com/c...
MalwareBytes' hpHosts' Admin hosts+recommends APK Hosts File Engine 9.0++ SR-2 32/64-bit-> http://hosts-file.net/?s=Downl...
APK
P.S.=> Con't. in #2/5... apk
"I guess we should avoid your crap, it looks like it is marked as malware. Good luck getting that removed." - by Coren22 (1625475) on Monday November 02, 2015 @03:52PM (#50850445)
62 sources of good repute show + /. users say otherwise:
Proven safe by 57 antivirus programs in its 64-bit model https://www.virustotal.com/en/...
+
Same for the 32-bit model https://www.virustotal.com/en/...
&
Per VirScan its installer too -> http://f.virscan.org/APKHostsF...
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MalwareBytes' hpHosts Admin (MalwareBytes employee) hosts & recommends it -> http://hosts-file.net/?s=Downl... & MalwareBytes = BEST antivirus per this VERY recent testing of them all http://www.av-test.org/en/news... /.'ers say my work is good too:
"his hosts program is actually pretty good" - by xenotransplant (4179011) on Monday August 10, 2015 @03:34PM (#50287195)
"I like your host file system." - by Karmashock (2415832) on Wednesday September 09, 2015 @03:57PM (#50489401)
"APK is kinda right... I've given up on JS based adblocking and gone to blackholing in /etc/hosts, just like it was back in the 90s. The computational load has gotten intolerable for any ad-blocking using JS. I've tried his hosts file generating software. It works." - by bmo (77928) on Thursday October 15, 2015 @11:30AM (#50736071)
"his hosts tool is actually useful for those cases in which one does indeed want to locally block stuff outright while consuming minimum system resources" by alexgieg (948359) on Friday September 25, 2015 @09:57AM (#50596461)
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You tried using Computer Associates antivirus that I overturned on false positives (1/8 over time) were caught in ACCOUNTING SCANDALS FRAUD http://www.bing.com/search?q=c...
Reputable source (not): They had to sell off their PC security suite too (crap too) LOWERING the 'threat level' on THAT program (not my hosts file engine) TO ZERO!
* YOU ARE WRONG ON EVERY ACCOUNT NOTED!
APK
P.S.=> Con't in part #3/5... apk
"Virus scanners/Adblock software don't need admin priv to update" - by Coren22 (1625475) on Tuesday November 10, 2015 @04:14PM (#50904323)
Neither does my program. AV does to remove threats - Adblock addons = Vastly INFERIOR in abilities + efficiency vs. hosts as I proved & no one proved me wrong to date!
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"your software does" - by Coren22 (1625475) on Tuesday November 10, 2015 @04:14PM (#50904323)
No, hosts do due to WFP/SFP - Intake update of new hosts data doesn't!
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"won't reveal your source code" - by Coren22 (1625475) on Tuesday November 10, 2015 @04:14PM (#50904323)
I don't owe you it. I don't give away work to be stolen by others so it's misused like GOOGLE CHROME http://it.slashdot.org/story/1...
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"What's stopping you from pointing my bank's web site at your private server?" - by Coren22 (1625475) on Tuesday November 10, 2015 @04:14PM (#50904323)
I don't keep a server. Security guru (not - you create no ware for security & your forensics skills = non-existent): Put it in a VM, trace it using process monitor + wireshark to prove it (don't need code)!
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"the possibility of being caught, which would be pretty hard to catch w/ such a large hosts file, as no one can go through it manually." - by Coren22 (1625475) on Tuesday November 10, 2015 @04:14PM (#50904323)
I place hardcoded fav sites @ top of hosts for speed & reliabilty - you'd spot it easily & bulk of hosts is sorted blocked known bad threats.
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"What are you going to do when Windows gets rid of the hosts file completely?" - by Coren22 (1625475) on Tuesday November 10, 2015 @04:14PM (#50904323)
Hasn't happened!
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"They have already taken steps to make it useless in Windows 10." - by Coren22 (1625475) on Tuesday November 10, 2015 @04:14PM (#50904323)
It works there!
Telemetry tracking's killing 10 by itself: Win10 = Win8 = flops - who're you fooling other than yourself?
APK
P.S.=> Con't. in #4/5... apk
Coren22 'eats his words' vs. me 2x yet again:
"introduces risk you are relying on a 3rd party to update a hosts file potentially opening you up to MITM attacks" - by Coren22 (1625475) on Tuesday November 17, 2015
How can my program do it?
Only things it puts in as non-blocking IP addy to hostnames is ones users give it as their favs to speed up @ the TOP of hosts REVERSE DNS VERIFIED!
(For more speed, & reliability + security - in RAM as 1st resolver queried = faster & more secure vs. remote DNS w/ all its security issues in Kaminsky flaw, DNSChanger malware IP stack settings, routers bushwhacked in DNS settings, rogue DNS, Open DNS servers abused by malware. It aids in reliability vs. redirects).
YOU'D SPOT IT INSTANTLY AS THEY ARE @ TOP OF CUSTOM HOSTS & can easily edit anything you want out of it!
(Rest = known bad sites from 10 reputable security community sites for blocking - the MAJORITY of what's in my hosts files!)
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"maybe one day you can get a score 5 comment" - by Coren22 (1625475) on Tuesday November 17, 2015
See subject & ~ 12 +5 upmods making you "eat your words" vs. me (1st one: You tried using what I post there against me to FAIL):
+5 'modded up' posts by "yours truly" (11):
http://news.slashdot.org/comme...
http://tech.slashdot.org/comme...
http://news.slashdot.org/comme...
http://science.slashdot.org/co...
http://tech.slashdot.org/comme...
http://hardware.slashdot.org/c...
http://news.slashdot.org/comme...
http://news.slashdot.org/comme...
http://hardware.slashdot.org/c...
http://yro.slashdot.org/commen...
http://yro.slashdot.org/commen...
"You believe you are getting the better of me" - by Coren22 (1625475) on Tuesday November 17, 2015
YOU GOT THE BEST OF YOURSELF in tech fails & lies about me. Your immature signatures about me SCREAM you're butthurt - You did it to yourself.
APK
P.S.=> Con't. in #5/5... apk
"defame me saying things he knows aren't true - by Coren22 (1625475) on Wednesday November 04, 2015
Hypocrite You're projecting & your signatures do the rest.
"the feeling of icky his software - by Coren22 (1625475) on Wednesday November 04, 2015
I show /.'ers say differently by quoted testimonials - Show us you've done better: YOU can't!
"maybe someone will think they are true - by Coren22 (1625475) on Wednesday November 04, 2015
Quotes of you = true - & You can't keep your word + projecting what YOU do (AD/DNS lie).
"I don't have time for the Troll APK, and refuse to respond anymore to a post signed APK" - by Coren22 (1625475) on Tuesday November 03, 2015
I protect users speeding them up, helping reliability, & security + anonymity online w/ more ability & efficiency than ANY 1 solution doing more w/ less - do you? No.
"I should change my signature again to rile him up more." - by Coren22 (1625475) on Tuesday November 03, 2015
Childish sigs = all you've got!
"I refuted his assertions - by Coren22 (1625475) on Wednesday November 04, 2015
&
"You claim I have never proved you wrong...a flat out lie." - by Coren22 on Monday November 16, 2015
&
"I proved you wrong on numerous occasions" - by Coren22 on Monday November 16, 2015
Where & on what tech? "Cat got your tongue"??
"written in shitty Delphi, "How to secure Windows" docs I could have written in my sleep when I was 20" - by Coren22 on Monday November 16, 2016
You're 30++ & haven't done either!
Show you've done MORE vs.a small partial list of mine & better, + earlier:
http://slashdot.org/comments.p...
THEN talk vs. TALKING OUT YOUR ASS!
CIS Tool took fixes from me http://slashdot.org/comments.p... which you doubted & my layered security guides got me paid http://pcpitstop.com/news/winn... MILLIONS use.
APK
P.S.=>
"I never admit you were right" - by Coren22 (1625475) on Tuesday November 10, 2015
You PROVED I am... apk