DMCA Nonsense: Your Default Login Page Is A Ripoff Of Our Default Login Page!

from the username-then-password,-what-a-work-of-art dept

No matter how brazenly people abuse the DMCA takedown process, and no matter how ridiculous the notices get, it seems like there's always someone waiting to do something even stupider. This latest incident, submitted by Anonymous American, is a serious contender for the crown dunce cap: a DMCA takedown over a login page.

And not just any login page, but the barely-modified default login page of an open source website platform, which the operators of iPhotographyCourse.com claim infringes on... their own barely-modified default login page of a different open source website platform. Yeah. Jenny McCann, who runs the Institute of Photography website built on the Moodle content management system, received a takedown notice claiming that her login page was infringing. When she asked for clarification, she was simply told "entire page copied". Here's the supposedly infringing page:

And here's the "original":

Even at first glance, the claim is obviously idiotic. There is nothing similar about the pages beyond the purely functional login page elements. But things get really amusing when you realize that the iPhotographyCourse page is virtually unaltered from the default Wordpress login page:

The only expressive choices—a requirement of copyright protection—are the inclusion of the logo (the rather poor inclusion, as there are visible artifacts at the top of the image that show the logo was sloppily clipped from the site's front page banner, meaning the designer didn't even have a copy of it on hand) and the rounding of the button corners (which may actually just be a Wordpress version discrepancy). As if that wasn't enough, the supposedly infringing login page is itself just a minor modification of the default Moodle page:

A new frame, color scheme and accent image—nothing major, but actually significantly more design changes than the iPhotographyCourse page, and far more likely to qualify for some level of copyright protection. And, quite clearly, in no way an infringing copy.

According to later comments from McCann on the Moodle forum thread, the login page was specifically included among other items in the takedown which related to actual content on the site. It could be that there is more merit to the other complaints, but McCann does not believe there is, and judging from the utter stupidity of this example, I'm inclined to suspect she's right. Either way, the people behind iPhotographyCourse, like so many before them, have exposed their true intentions by targeting such an obviously non-infringing page: this isn't about protecting intellectual property, but interfering with competition by abusing the DMCA process. Either that, or they are tragic victims of our ownership culture who also haven't logged into a website in the past ten years.

Filed Under: abuse, censorship, dmca, iphotographycourse, login


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  1. icon
    Rikuo (profile), 2 Jan 2013 @ 11:22am

    Re: I'd blame Mike and Minions (if they had any influence).

    These statements in particular are just lies. Pure fucking lies.

    "Copyright specifies WHO can gain money from the works, AND that no one else is to gain money from them."

    " No one's "right to copy" is at any time removed or diminished because it never exists prior to the creation of a work." (That's what copyright is! It REMOVES MY and EVERYONE'S right to copy)

    "When independently rendered, fashion "ideas", "art" in general, "look and feel", jokes, bits of wit, and musical "riffs" are not copyright-able because not significant effort. Don't throw those in to confuse the topic. (Specific clarification for music: you may play "stolen" riffs to parody or add spice, but not use actual "sampled" audio as basis for your main theme.) "
    So I can use...how do you steal riffs? I can use them...but not use them?


    Blue...cite some god-damn evidence to back up all the ridiculous shit you keep vomiting. Nowhere in copyright law does it say who is allowed to make money. It only says who has the right to copy works.
    ") Even indirect income from in any way providing "for free" the protected work of others is clearly illegal, immoral, and unethical. " Subjective morals and ethics, not absolute.

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