from the well-that's-great dept
To me, that seems like a broken system.
by Mike Masnick
Fri, Oct 2nd 2015 6:21am
by Mike Masnick
Fri, Aug 28th 2015 3:23pm
Pure genius. https://t.co/JAofqaGXkx Watch before someone files a DMCA takedown.— Mike Masnick (@mmasnick) August 28, 2015
Oh goodness, I abhor the song, but this was so well done! https://t.co/Rzxen4n4aB— Tim Chase (@gumnos) August 28, 2015
This just made my week. Amazing. https://t.co/DuQUZvUvsp— J Herskowitz (@jherskowitz) August 28, 2015
This is brilliant. Watch it now before it disappears. https://t.co/XdZ4rDIgxC— Brian Fitzpatrick (@therealfitz) August 28, 2015
OMG! That's amazing! https://t.co/VbzF95QSmG— Nate Hoffelder (@thDigitalReader) August 28, 2015
This is the funniest thing I've seen in a long time, I'm laughing uncontrollably, had to pause to calm down https://t.co/0gehTgj4q4— Jordan S. Terry (@The_Analyst) August 28, 2015
@mmasnick Thanks for the mentions, Mike. YT says UMG are monetizing the video so hoping we'll be okay re ©.:)— Jim Mortleman (@Jimjar) August 28, 2015
by Tim Cushing
Wed, Aug 12th 2015 8:44am
federal assurance services
It appears convicted mortgage fraudster Sean Gjerde is going to follow glass-tongued poet Shaun Shane (and his print-on-demand "publishing company," On Press Inc.) into the annals of DMCA abuse.
On July 31st, Techdirt published a list of abusive/ignorant DMCA requests. Included was one from Sean Gjerde, who is apparently acting as his own reputation management firm. His attempts to rid the internet of mentions of his fraud conviction involve him cutting-and-pasting articles about it (including an FBI press release) into a "novel" he's "writing" about the the incident, and then claiming the articles he copied/pasted are part of his "original" work -- somehow retroactively making all of these pre-existing articles now infringing.
Gjerde apparently still has plenty of stupid left in him
Copyright claim #1Let's break this all down.
KIND OF WORK: book
DESCRIPTION: Excerpt from my book Grace Under Pressure which I have already paid to register with the Trademark Office 1-2601933851. I put it up on my website, with the notice clear it is copyrighted and is a work of fiction for a book I plan on releasing.
ALLEGEDLY INFRINGING URLS:
It appears Gjerde was moved to write a small post at a site linked to his business venture, Federal Assurance Services, warning probably no one at all that people like me (well, exactly me) are infringing on his nonexistent rights.
I recently was the victim of a copyright infringer. As many of you already know I am currently writing a book entitled Grace Under Pressure. In my book in which excerpts have been copyrighted (1-2601933851) I was actually copied by a malcontent who proceeded to post my book and its excerpts on his blog and went on a big rant against me. This malcontent who I do not know nor care to know violated my copyright. Luckily for me I know my rights and do intend to enforce them. But I hope everyone who reads my blog understands the danger out there on the web and protects themselves accordingly.This quote will be added to my bio.
TIM CUSHINGNow, the link to Gjerde's business site throws up warnings about security certificates, so proceed at your own risk.
Techdirt contributor 2010-present
Here's what other writers are saying about Tim Cushing!
"Malcontent." - Sean Gjerde, Grace Under Pressure (unpublished manuscript)
"Seriously deranged… an immature idiot...." - Shaun Shane/On Press Inc.
"Tim writes like a whining little bitch…" - Tom Forrest, friend of "Internet Lawyer" Charles Carreon
"Nasty little Kremlin troll..." - John Schindler, 20 Committee
If this were Gjerde's personal blog, it would be a problem but not a dealbreaker. But considering it ostensibly leads to his business website, it's a big issue. Especially when his business claims to do all of this:
With over 15 years of real-life experience and over 1,000 clients, we are a leading and respected service company. We are the fiercest advocates for our clients. We can protect your hard-earned assets better than anyone else. Every year we set up hundreds of structures to protect residences, rental real estate, investments and retirement plans. Our clients include officers and directors of Fortune 500 companies; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings. You will find us to be not only knowledgeable and confident, but also friendly and personable. We take a no-nonsense approach to our work. With our guidance you will find this subject easy to understand and implement. We are not a law firm, but we are experts with degrees in taxation, international business planning and law.So, the company claims to value security and privacy and yet runs an unsecured site that claims to be secured.
by Mike Masnick
Fri, Aug 7th 2015 5:14am
Thu, Jul 23rd 2015 11:47am
And while we’re on the topic of self censorship, it’s worth noting that Universal Pictures also asked Google, in a separate notice, to remove http://127.0.0.1 from the search results. The mistakes were made by the French branch of the movie studio, which only recently began sending takedown notices to Google. The company has reported less than 200 URLs thus far including the mistakes above.You can see the notice here.
by Tim Cushing
Tue, Jul 21st 2015 11:39am
You'd think it wouldn't be too hard to vet a DMCA takedown request for false positives, especially when the request only includes 28 URLs. You'd be wrong.
TMG (Germany's Tele Munchen Group, which acts as a European distributor for several motion picture studios) issued a takedown request on behalf of Universal Pictures France, hoping to delist links to a few movies. But its algorithm is obviously flawed.
To start with, it listed our article on the Hacking Team hack under its list of supposedly infringing URLs for the movie "Hacker."
by Mike Masnick
Mon, Jul 20th 2015 1:35pm
In a followup statement to WIRED from Avid Life Media Monday morning, the company writes that it has used copyright infringement takedown requests to have “all personally identifiable information about our users” deleted from the unnamed websites where it was published.First off, what? Anyone who actually believes that DMCA takedown notices actually stopped this information from being available is probably also busy shipping the contents of his or her bank accounts to friendly princes-in-need across the Atlantic. Second, what? The company has no "copyright" claim in the information in question in the first place, and issuing a copyright/DMCA takedown doesn't make any sense at all, other than in a sort of desperate "please save us!" attempt to not have the company be completely destroyed by this incredible data breach. While perhaps some sites actually took the information down, there is simply no legitimate reason to use a copyright takedown claim to do so.
Fri, Jul 10th 2015 3:58pm
If you pay any attention to Valve's Steam platform, you've probably already at least heard about the hot-selling game NotGTAV. The game, just to be clear, is not Grand Theft Auto 5. It's actually not even close. It's a parody game, built to play more like a clone of Snake or something similar. But it is most certainly not GTA5. And nothing in the game is GTA5 either. Here's how the developers of the game explain themselves:
This game is a parody. It is definitely, positively and (hopefully) legally, not the game Grand Theft Auto Five. Sure, it’s called NotGTAV, but those letters stand for Great Traffic Adventure and the V is silent. Like the one in “lawsuit” (which, you’ll notice, is also invisible).Now, a parody game would be protected as fair use and going legal on a game that is built specifically to give money to charity would be a public relations nightmare. Not that any of that kept the game from being removed from Steam over a copyright claim, of course. The inevitable claim came and Steam took the game down from the marketplace. Everyone immediately thought that Rockstar games had been the one issuing the takedown, even though the fact that the GTA series essentially relies on parody to exist and survive the lawsuits idiotic celebrities have levied against the company. Indeed, when Steam informed the developers of the takedown, its notice named an employee of Rockstar as the complainant. And so the developers put their plan B into effect.
This short tour of the glories of the UK’s M4 corridor is easy to play, hard to master, addictive, very funny, and cheap. 100% of the profits from this game go to young people’s charity Peer Productions. Without Peer Productions the NotGames team would never have met. By buying this game you can help us pay something back.
“We’re currently in the process of getting our game back on Steam, by re-branding to NotDMCAV,” Kendall said earlier today, shortly after NotGTAV’s removal from Steam. “The issue that Rockstar took was with the usage of ‘the Grand Theft Auto V acronym and title GTA’—apparently you can now own a series of letters, even it’s already a police crime in the first place. Our initial reaction was—and remains—that we’re protected under parody protection laws, and we’ve made it clear that we’re not accepting in any way, shape or form that we’ve infringed copyright, we’re just trying to be as compliant as possible right now.”While I love some good snark as much as anyone, it turns out this good snark was wholly unneccessary. As the team worked to rebrand their hot-selling game, which involved a hell of a lot of work, they were also working with Steam to figure out just what the hell was going on. Turns out, Steam put the original title back in the marketplace having found that the complaint from "Rockstar" was actually "bullshit."
In what has quickly become the weirdest day of our lives, and one of the most hectic, we’ve just received news from Valve that the plaintiff of our DMCA is now being treated as a false complainant.So good on Rockstar for not filing this complaint and great for the developers, but all this shows is why the permission culture and takedown-first attitude make d-bags out of everyone else. The summary here, should you lose sight of it due to the NotGTAV folks' awesome attitudes, is that some nobody put in a copyright claim that took their work off the market, caused them to begin work rebranding, even though that work wasn't necessary, and then Steam put the game back up. In other words, the mere existence of the claim is all it took to keep the sales from rolling in, even if only temporarily. That's bullshit. It's a wonderful example of how copyright laws and the way that platforms like Steam choose to interact with those laws is a clamp on legitimate speech and art, not to mention tools for jerks to screw with content producers.
We’re half-way through rebranding the game as NotDMCAV, and the store page we’ve designed gives us a huge giggle, so we’re leaving you some of our new artwork (you may be able to tell it was done in a bit of a hurry) for a couple of days but, as we’re not being sued, the name and game will be remaining the same.
by Mike Masnick
Tue, Jul 7th 2015 4:12am
Hello,At first Al-Bassam thinks that Lexsi must be a Hacking Team client, but then notes that there's no listing of Lexsi in the documents (which include customer rolls). It's possible that the client relationship runs the other way. Lexsi claims it does "cybercrime mitigation," so it's possible that Hacking Team (or others?) hired the company to try to bury the Hacking Team documents -- though that seems like an unenviable, if Sisyphean, task. Either way, whatever Lexsi was thinking here, it seems unlikely to have the desired impact.
We have just identified that the website musalbas.com/ displays sensitive and confidential information.
We would be grateful if you transmit the identify of the hosting provider in order to retrieve the sensitve documents.
Please confirm the reception of our request by responding to this email.
Thank you in advance for your help and feel free to contact us should you need more information.
by Mike Masnick
Thu, Jul 2nd 2015 3:52pm
“However, if a service provider is notified of a clear violation of the law, it must not only remove the content immediately, but also take precautions which ensure that no further infringements will be possible.”While that may appear reasonable at first glance, in practice it's a mess. The only way to even try to do that is to over-aggressively block any and all uses of that particular work -- which will undoubtedly lead to overblocking. Song playing in the background? Blocked. Parody video? Blocked. Algorithm not sure? Blocked.
Explore some core concepts:
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