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
    PaulT (profile), 3 Jan 2013 @ 1:40am

    Re: Re: Re: Notice OOTB

    "There is no "fixed" cost to making a Movie. You don't even need to buy film nowadays."

    Actually, there are always some fixed costs, but that doesn't mean they necessarily need to be anywhere near $100 million. Renting/buying equipment, hiring actors and technicians, etc., all still cost money despite film stock/development not being as large a proportion of the budget as it once was. Unless you're making a film with volunteers and equipment you already own or borrowed for free, there's fixed costs.

    "You can make a movie for 10$ too, still doesn't mean YOU GET YOUR 10$ back."

    Exactly. Can't work out how to get $100 million back from making your movie? Rewrite the script, rearrange production schedules, use cheaper locations and do any of the other thousands of things people have done for a century to lower your budget.

    If you still can't work out how to get that back, you have a bad business proposition, as you would in any area of business. You're not entitled to get back every penny just because you decided to spend it. Most businesses fail, maybe your crappy film is one of them. You shouldn't get charity just because your resume says "filmmaker" instead of "grocer".

    That's one of ootb's many logical failings. He's so obsessed with the "how can I make back $100 million" question, he's not asking the more pertinent "why the hell am I spending $100 million in the first place" question, when so many profitable films cost far less than that.

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