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mcherm : dmca   65

The MTA Is Going After an Etsy Artist Over a New York Subway Map It Didn’t Make - VICE
He made a NY subway map. The MTA filed a DMCA takedown for copyright violation: they claim he copied a map they made two years after his was first published.
law  ip-law  copyright  copyrightabuse  DMCA  via:HackerNews 
5 weeks ago by mcherm
EFF’s Tweet About an Overzealous DMCA Takedown Is Now Subject to an Overzealous Takedown | Electronic Frontier Foundation
(1) a TV show leaks. (2) TorrentFreak writes about it leaking [takedown] (3) TorrentFreak writes about the takedown [takedown] (4) EFF writes about the situation [takedown]. You can't just order copyright-based takedowns of anything you don't like... Oh right - you can.
law  ip-law  DMCA  copyright  copyrightabuse  eff  via:HackerNews 
april 2019 by mcherm
The Catalog of Missing Devices | Electronic Frontier Foundation
The DMCA prevents bypassing copyright security. This cleverly shows a whole catalog of ads for products that COULD exist if it weren't for this law. Helps tackle the problem that lack of innovation is normally an invisible harm.
via:boingboing  DMCA  invention  CoryDoctorow  eff 
february 2018 by mcherm
Locus Online Perspectives » Cory Doctorow: Demon-Haunted World
Companies are building "smart" devices that cheat. Viruses that don't infect when in a honey-pot; cars that cheat on emissions tests; phones that lock you to one appstore or carrier. Laws make it illegal to try to identify and stop these.
CoryDoctorow  via:boingboing  DMCA  virus 
september 2017 by mcherm
How The DMCA's Digital Locks Provision Allowed A Company To Delete A URL From Adblock Lists | Techdirt
This analysis of this case helps explain the difference between DMCA section 512 (immune to lawsuit for stuff someone else posted) and section 1201 (no tools capable of circumventing locks).
DMCA  via:Techdirt  techdirt  law 
august 2017 by mcherm
Dangerous Ruling On DMCA Safe Harbors May Backfire On Hollywood | Techdirt
Court rules that maybe doing some amount of moderation (possibly with volunteer moderators) may make a site liable for copyright violations.
DMCA  techdirt  via:Techdirt  personal_net 
april 2017 by mcherm
Google Report: 99.95 Percent Of DMCA Takedown Notices Are Bot-Generated Bullshit Buckshot | Techdirt
Apparently (wait, really?) Google claims that 99.95% of all takedown requests they receive (from the "Trusted Copyright Removal Program") are for URLs that they don't even index.
DMCA  google  law  techdirt  via:Techdirt  ip-law  copyright  copyrightabuse 
february 2017 by mcherm
Fox 'Stole' a Game Clip, Used it in Family Guy & DMCA'd the Original - TorrentFreak
Steal the video, use it in a major TV show, then issue an automated takedown notice for the original.
law  ip-law  copyright  copyrightabuse  via:reddit  DMCA  censorship 
may 2016 by mcherm
Copyright Decision Would Squelch Any Right to Read Paywalled Content in Canada
A Canadian court decision that says borrowing a copy of an article from a friend is infringement.
law  ip-law  copyright  DMCA  via:Techdirt 
october 2015 by mcherm
TPP Also Locks In Broken Anti-Circumvention Rules That Destroy Your Freedoms | Techdirt
The Trans-Pacific-Partnership treaty requires rules that make it illegal to break encryption except for specific cases that are considered legal.
TPP  DMCA  via:Techdirt  techdirt  law 
october 2015 by mcherm
Researchers Could Have Uncovered Volkswagen’s Emissions Cheat If Not Hindered by the DMCA | Electronic Frontier Foundation
The Digital Millennium Copyright Act prevents reverse engineering of automobile exhaust software. People have asked for an exception for this and been denied. Had the exception been granted Volkswagen's cheating might well have been detected.
eff  DMCA  law  via:HackerNews 
september 2015 by mcherm
Sorry Ms. Jackson… | Transparency Report
Clever legal retort by WordPress to a takedown notice from the lawyers for Janet Jackson. They didn't take it down.
copyright  copyrightabuse  DMCA  trademark  trademarkabuse  via:ArsTechnica 
july 2015 by mcherm
EFF: DMCA exception requested for people to mod their cars
No one has been prosecuted yet but it's a clear DMCA violation.
wired  eff  law  copyright  ip-law  DMCA  via:reddit 
january 2015 by mcherm
Tektronix Uses DMCA Notice To Try To Stop Oscilloscope Hacking | Techdirt
And here's the DMCA (or at least the THREAT of the DMCA) being used to prevent people from doing creative things with their oscilloscopes.
DMCA  techdirt  via:Techdirt  freedom 
august 2014 by mcherm
[Phoronix] Qualcomm DMCA Notice Takes Down 100+ Git Repositories
Abuse of the DMCA. I wish that someone somewhere would prosecute someone for perjury.
july 2014 by mcherm
YouTube's Merry Christmas: Letting Large Music Publishers Steal Money From Guy Singing Public Domain Christmas Carol | Techdirt
I know it's YouTube's own policy not a legal one, but still... He sung "Silent Night" (composed in 1818 and clearly public domain) and not one but THREE big music publishers issued automated noticed that they should get the ad revenue not him. And they didn't back down when challenged.
law  ip-law  DMCA  YouTube  copyright  copyrightabuse  google 
december 2013 by mcherm
Striking Back Against Censorship — Blog —
WordPress joins 2 lawsuits against abuses of the DMCA for censorship.
law  DMCA  wordpress  freespeech  censorship  via:boingboing 
november 2013 by mcherm
Warner Bros: Our False DMCA Takedowns Are Not a Crime | TorrentFreak
Warner Bros admits that they intentionally lied in DMCA takedown notices and asks the judge to prevent it from being mentioned at trial because, they say, it is perfectly legal.
law  DMCA  via:reddit  torrentfreak 
november 2013 by mcherm
Newest YouTube user to fight a takedown is copyright guru Lawrence Lessig | Ars Technica
Lawrence Lessig posted a video which clearly had fair use of a snippet of music. The copyright owner issued a takedown notice and LL is suing them under an almost-never-used DMCA provision for overzealous takedown notices.
eff  copyright  copyrightabuse  censorship  DMCA  LawrenceLessig  via:ArsTechnica  ArsTechnica  law  ip-law  internet 
august 2013 by mcherm
Motorola Tried to Sue Me For Unlocking Phones |
The DMCA (probably) makes it illegal to build a tool that would let people move phones from one carrier to another or use a US phone in Europe. That's bad law; let's fix it.
DMCA  law  via:HackerNews 
february 2013 by mcherm
How To Write A Takedown Request Without Running Afoul of the Streisand Effect | Popehat
How to write a DMCA letter without attracting the internet hordes: be polite and specific and have a friend read it over before you send. And if you're a certain sort of person then there's just no hope for you.
via:boingboing  law  DMCA 
july 2012 by mcherm
MapleStory Enforcement Action Leads to Ridiculously Large Anti-Circumvention Damages--Nexon v. Kumar
The DMCA specifies a minimum of $200 per infringement. That's absurd in cases where the net value of an individual infringement is tiny. In this case, the defendant didn't show up in court so they automatically owe $3.5 million even though the judge WANTS to give less.
law  ip-law  copyright  DMCA  via:slashdot 
april 2012 by mcherm
How I Learned to Love the DMCA | Estately Blog
BigCo stole the site design from StartupCo that used to work for them. They used a DMCA takedown notice to Amazon (the host) to get past being stonewalled.
webdesign  law  ip-law  copyright  DMCA 
april 2012 by mcherm
Key Techdirt SOPA/PIPA Post Censored By Bogus DMCA Takedown Notice | Techdirt
A false DMCA takedown was filed with Google to suppress a TechDirt article about SOPA on the key day.
censorship  sopa  techdirt  DMCA  via:HackerNews 
february 2012 by mcherm
Owning the stack: The legal war to control the smartphone platform
Really extensive article explaining the state of the mobile wars, including how big players in one layer try to control the other layer. And explaining how all of this is being fought out in the courts instead of in technological solutions or the marketplace.
via:ArsTechnica  ArsTechnica  mobile  mobilewars  law  ip-law  patent  copyright  DMCA 
september 2011 by mcherm
Ruling Allows Cell Phone Unlocking, but Telco Sues Anyway
A DMCA exception was made for unlocking phones. But Tracfone continued to sue people for unlocking them and they were successful (no one takes it to trial).
via:ArsTechnica  wired  mobile  DMCA  law  ip-law 
september 2011 by mcherm
The $105 Fix That Could Protect You From Copyright-Troll Lawsuits | Threat Level |
if you have a website you should register a dmca agent with the u s government. it costs just $105 and gives you certain legal immunities.
via:ArsTechnica  blogging  DMCA  law  ip-law  copyright 
june 2011 by mcherm
Thomas Hawk Digital Connection » Blog Archive » Miami’s World Erotic Art Museum Fraudulently Uses the DMCA to Take Down Items in Their Collection From the Web
DMCA abuse by a museum: they filed takedown notices against a bunch of photos of things in their collection. They don't own the copyright on antient roman artifacts! Counter-claim filed and the museum may be willing to talk with the photographer.
law  ip-law  DMCA  copyright  copyrightabuse  museum  flickr  via:boingboing 
january 2011 by mcherm
Jailbreaking Phones Lands A Guy In... Jail! | Techdirt
The DMCA specified that the library of congress is authorized to write exemptions, and they made a specific exemption for jailbreaking phones. Well, apparently people are still being prosecuted for it. And jailed for it. Just now someone pled guilty after being in jail for over a year. What?!
law  ip-law  DMCA  copyright  security  via:slashdot  techdirt 
december 2010 by mcherm
3D fabbers: don't let the DMCA stifle an innovative future
How does the advent of 3D printers interact with intellectual property law?
law  ip-law  patent  copyright  DMCA  via:ArsTechnica  ArsTechnica 
november 2010 by mcherm
Apple loses big in DRM ruling: jailbreaks are "fair use"
6 more exemptions are added to the list of allowable reasons to crack security under the DMCA: jailbreaking a phone, using clips from DVDs under fair use in not-for-profit videos, checking whether video game security has security back-doors, working around dongles no longer manufactured, and reading eBooks if no audio version is sold.
law  ip-law  DMCA  copyright  drm  iphone  via:ArsTechnica  ArsTechnica 
july 2010 by mcherm
Tetris Clones Pulled From Android Market
The company that owns Tetris tells Google to remove all "Tetris-like-apps" from the Android market. This author of such an app points out that they don't have a copyright on gameplay so the DMCA notice is ill-founded. Any patent would have long expired, and this author's app does not use the Tetris trademark(s).
law  ip-law  copyright  copyrightabuse  DMCA  via:slashdot  trademark 
may 2010 by mcherm
Blu-ray discs get Managed Copy; hardware support nonexistent - Ars Technica
"They" agreed that Blu-ray disks would have a mechanism for allowing copies. Years later, it still doesn't really exist. And this illustrates how the DMCA undermined all provisions of free use by allowing the use but prohibiting the MEANS for using it. But they will SELL you that means... making it "not-so-free" use.
law  ip-law  DMCA  copyright  via:ArsTechnica  ArsTechnica 
november 2009 by mcherm
A New Way to Bypass 47 USC 230? Default Injunctions and FRCP 65: Technology & Marketing Law Blog
Normally, the DMCA protects publishers from having to take stuff down just because someone asks. So instead, sue someone, claiming that they are the copyright owner, and make sure they don't show up so you obtain a default judgment. Then you can get the publisher to do whatever you want *without ever having to show anything in court*.
law  DMCA  censorship  via:Techdirt 
november 2009 by mcherm
NPR makes copyright claim over anti-same-sex-marriage ad; another political fair use fight
NPR issues DMCA takedown notice in order to squelch a political ad that was clearly fair use.
law  ip-law  copyright  censorship  npr  politics  DMCA 
november 2009 by mcherm
The criticism that Ralph Lauren doesn't want you to see! - Boing Boing
Ralph Lauren sends stupid takedown notice. BoingBoing chooses to mock them.
law  DMCA  copyrightabuse  ip-law  boingboing  personal_net 
october 2009 by mcherm
Using The DMCA To Stop Patients From Rating Their Doctors | Techdirt
Doctors who don't want their patients to say bad things about them may put a clause in their contracts agreeing not to say anything bad about the doctor. They've changed now to a clause assigning all copyright rights to the doctor so they can use DMCA takedown notices to censor any bad reviews.
via:HackerNews  copyright  copyrightabuse  censorship  law  ip-law  DMCA 
august 2009 by mcherm
Warner Music to Warner Music: You are pirates! - Boing Boing
Yes, the music industry is sending DMCA takedown notices to itself.
copyright  riaa  ip-law  law  DMCA 
may 2009 by mcherm
Not Smart: Warner Music Issues DMCA Takedown On Larry Lessig Presentation | Techdirt
A talk by Lawrence Lessig receives a DMCA takedown notice from Warner Music for inclusion of a brief excerpt of music used to illustrate a point.
DMCA  LawrenceLessig  copyright  fairuse  ip-law  law  mypostings 
april 2009 by mcherm
CW 11 Files Copyright Claim at Improv Everywhere
Improv Everywhere posts a fake video to YouTube for April 1st. A TV station runs a story on it, playing bits from the video and completely missing the fact that it was fake. They used the video without getting permission, but when copies of the broadcast were played they sent takedown notices.
ImprovEverywhere  journalism  copyright  copyrightabuse  DMCA  youtube  fairuse  via:reddit 
april 2009 by mcherm
Google submission hammers section 92A
PC World reports that Google says that 57% of DMCA takedown notices are bogus.
via:boingboing  DMCA  google  ip-law  copyright  copyrightabuse 
march 2009 by mcherm
Toyota Claims Ownership of Fan Wallpapers | TorrentFreak
Apparently, the _one_ good thing the DMCA intended to achieve isn't working. It was supposed to ensure that web sites were protected from all liability _unless_ someone signed a legal take-down notice (subject to prosecution for perjury if knowingly inaccurate). But now Toyota is using the _threat_ of legal action to shut down use of any pictures that have a Toyota car in them, without ever sending an actual DMCA notice.
ip-law  via:reddit  DMCA  evil  copyright  law 
november 2008 by mcherm
xkcd - A Webcomic - Steal This Comic
XKCD comic explaining that you might as well pirate works... if you buy them with DRM then you'll wind up a criminal anyhow when you try moving them to a new medium.
xkcd  comics  DMCA  copyright  DRM  ip-law  law 
october 2008 by mcherm
US Government Insists on Right to Violate DMCA: The Patry Copyright Blog
The US govt feels that they can violate DMCA if they want.
law  ip-law  DMCA 
july 2008 by mcherm
The Strange Copyright World of Warcraft: The Patry Copyright Blog
Review of a rather distressing court case: World of Warcraft publisher sues the developer of a bot because their copyright was violated (when the game was copied into RAM). At least, I think that's it.
DMCA  copyright  law  ip-law  gaming 
july 2008 by mcherm
The Inexact Science Behind DMCA Takedown Notices - Bits - Technology - New York Times Blog
The MPAA's approach to copyright enforcement is so lax that it doesn't check whether you're really downloading. It also can be spoofed to indict someone else - as proven when a laser printer received a DMCA takedown notice.
riaa  mpaa  bittorrent  p2p  via:boingboing  DMCA  copyright 
june 2008 by mcherm
Schneier on Security: KeeLoq Still Broken
My comment brings this into the world of the DMCA.
mypostings  security  hacking  DMCA  ip-law  law 
april 2008 by mcherm
Air Force Cyber Command's New Weapon: DMCA Notices | Threat Level from
DMCA takedown notice sent to YouTube regarding a video by the Air Force. Legally, the air force cannot produce copyrighted works, yet the video is still taken down.
copyright  copyrightabuse  ip-law  DMCA  publicdomain  law 
march 2008 by mcherm
Science Fiction Writers of America abuses the DMCA - Boing Boing
Cory Doctorow complains when the science fiction writers of america sends a take-down notice for his books (and many others) for which they are not authorized.
copyright  DMCA 
august 2007 by mcherm
Oikeuden edessä» Blog Archive » Finnish court rules CSS protection used in DVDs “ineffective”
Court in Finland rules DE-CSS is so well-known that CSS is not an "effective copyright protection measure".
ip-law  DMCA  personal_net 
may 2007 by mcherm
Spread this number •
DVD key publicized. ("09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0")
censorship  DMCA  copyright 
may 2007 by mcherm

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