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Gentoo Package Accused of Violating DMCA 713

cshields2 writes "A recent post to the Gentoo mirrors mailing list passes along a DMCA violation claim that one of the mirror admins recieved. Supposively their bot saw the words "Pac" and "Man" in the filename INFMapPacks123FULL-MAN.zip and assumed it was an illegal copy of PAC-MAN. The file is actually for Unreal Tournament Infiltration. This is comical in one sense, but to be read by a hosting company who does not know any better can be frightening. Has anyone else ran into this with good (or even bad) outcomes?"
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Gentoo Package Accused of Violating DMCA

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  • This is stupid (Score:5, Insightful)

    by mjmalone ( 677326 ) * on Tuesday August 12, 2003 @12:33PM (#6676474) Homepage
    This is one of the major problems with the DMCA. By negating the need for a court order to be allowed to send these orders they have opened the door to thousands of frivolous and invalid claims. Companies that have made invalid claims such as this one should be punished. At least they should be held liable for any damages if an ISP removes contents that they claim are infringing. Are these letters totally automated? Didn't somebody actually try to download the file and see if it was indeed an unauthorized copy of pacman?

    Also,

    >Note: The information transmitted in this Notice is intended only for the >person or entity to which it is addressed and may contain confidential >and/or privileged material. Any review, reproduction, retransmission, >dissemination or other use of, or taking of any action in reliance upon, >this information by persons or entities other than the intended recipient >is prohibited.

    What is this all about? They are trying to hide the fact that they are sending out these letters?
    • Re:This is stupid (Score:5, Informative)

      by umrgregg ( 192838 ) on Tuesday August 12, 2003 @12:39PM (#6676552) Homepage
      The note is just to make sure that if the letter gets to the wrong recipient, that recipient cannot disseminate the information in the letter. It does not restrict the right of the intended recipient to do whatever they wish with the information in the letter.
      • Re:This is stupid (Score:5, Insightful)

        by s20451 ( 410424 ) on Tuesday August 12, 2003 @12:51PM (#6676740) Journal
        I get a laugh out of these confidentiality addendums. The note is garbage, and is clearly only intended to scare. If by your incompetence, I suddenly find myself with incriminating information about you, what legal obligation do I have to keep that information confidential? I signed no agreement with you, and you have no other legal recourse.

        At worst, the sender could claim copyright over the message text, so arguably I wouldn't be able to post the exact message to my web site. However, I could just as easily post a summary to my web site, or show it to a journalist / the police / my stock broker / my coworkers / whoever, and be perfectly within my rights.

        Then again, IANAL. Can any L's out there contradict me?
      • Re:This is stupid (Score:5, Informative)

        by why-is-it ( 318134 ) on Tuesday August 12, 2003 @01:10PM (#6676980) Homepage Journal
        The note is just to make sure that if the letter gets to the wrong recipient, that recipient cannot disseminate the information in the letter.

        I suppose that all depends on what country you live in. I have been seeing disclaimers like this on email quite a bit lately and I asked our legal department about them. They told me it depends on whether there is a pre-existing NDA between me (or the company I work for) and the sender (or the company they work for). If there is, then I must abide by the terms and conditions of that NDA. However, if there is no NDA in place and I receive information that I did not request or was not intended for me specifically, from a legal perspective I am free to do whatever I want with that information. I may be subject to ethical and moral restraints, but legally, I can act as I please.

        So, if someone sends me confidential information by accident or their workstation is running the latest microsoft trojan and it sends me confidential information that was never intended for me, there is no legal requirement (here in Canada at least) for me to inform the sender about it or delete the message unless I choose to do so. I could also legally act on that information as well (e.g. buy/sell stocks based on the quarterly financial reports I received before they go public). Presumably, I could forward that information to other people and not be committing any crime, although I did not ask that question specifically, so take that part with a grain of salt.

        The lawyers reminded me that it may not be ethical to do any of those things, but from a strictly legal perspective, I would have done nothing wrong.
    • Re:This is stupid (Score:3, Informative)

      by YaRness ( 237159 )
      >Note: The information transmitted in this Notice is intended only for the >person or entity to which it is addressed and may contain confidential >and/or privileged material. Any review, reproduction, retransmission, >dissemination or other use of, or taking of any action in reliance upon, >this information by persons or entities other than the intended recipient >is prohibited.

      that's just standard CYA. a lot of lawyers and such include it at the end of every email.
    • Re:This is stupid (Score:5, Informative)

      by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Tuesday August 12, 2003 @12:44PM (#6676629) Journal
      Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.


      What is this all about? They are trying to hide the fact that they are sending out these letters?

      That's all standard boilerplate that is included in most any legally confidential communications. My mom is a shrink, and every fax she sends contains that text. It doesn't restrict the actions of the intended recipient. My mom's clients can still show the fax to anyone they please. It's so that if my mom sends it to a client, and someone else picks it up out of the fax machine, they aren't supposed to give it to all their friends. It's weak juju to indemnify the sender of lapses in confidentiality.

      If they wanted to stop the intended recipient from spreading the message around... they couldn't, but they'd be much more threatening.
    • Re:This is stupid (Score:5, Insightful)

      by rifter ( 147452 ) on Tuesday August 12, 2003 @12:46PM (#6676666) Homepage

      Companies that have made invalid claims such as this one should be punished.

      That's the real problem here. Part of the system of Checks and Balances here is that the company alleging infringement must do so under penalty of perjory, which implies a need for due diligence on their part. Since the Attorneys General in question seem to refuse to prosecute any of these entities for their numerous perjories under this law, they see no need for due diligence and employ the automated techniques which result in scenarios like this article. Until that changes there will be more of the same. I think we should move to recall any attorney general who refuses to prosecute one of these cases.

      • by blunte ( 183182 ) on Tuesday August 12, 2003 @01:06PM (#6676923)
        I think we should make sure as many package names as possible contain words that will get picked up by their bot.

        That would generate vast amounts of noise for them (and for us, yes), and it would really highlight the madness.
        • by mickwd ( 196449 ) on Tuesday August 12, 2003 @01:57PM (#6677514)
          Yeah, because we all know Linux needs more PACkage MANagement ;)
        • by TWX ( 665546 ) on Tuesday August 12, 2003 @02:32PM (#6677859)
          Something to remember about systems is that they have limitations. Something can only store or process so much information at any given point. If people determine the functional bounds of the system, they know how to break it or render it less useful.

          Case in point: the idea of a national database on everyone alive

          If one, hypothetically, saw the creation of a national database on people, it wouldn't be hard to 'fake' information on a decent scale that is patently false information. It would require some creativity, but it could probably be done in a way that isn't even illegal. It's called fiction. Create stories with names in them, create stories with numbers in them. Make up numbers. We all know that social security numbers are XXX-XX-XXXX format, so it wouldn't be hard to say that "Ol' Jim Houston" has 234-11-5532 for a social security number. So, the national database spidering software might pick up that number and note that the true owner of that number has an alias of "Ol' Jim Houston". Write a story about this character where he uses his 'number', so it comes up. Movies do it all of the time, if you've ever seen "FX", they used SSNs in determining information about bad guys. Create "likes" pages. Say someone likes guns, or rabbits, or construction, or water parks, or anything. Email it around. If there's something out there that we don't like, it'll collect the information. Email "bad" words around without context, in such a way that they trip Carnivore or similar systems but do such in a way to make it obvious that they're complete and utter bullshit.

          Make the system have so much information to process, categorize, and store that it either has to ignore information entirely or that it fails in the middle of doing its job. Or, make it so that if it manages to process everything that it gets that it stores so much bad information that the 'record' for any given individual is useless. I'd love to see it store that I go dowhill skiing every Northern Hemisphere summer down in Australia, or that I frequent BDSM clubs, or that I helped design the rocket car "The Spirit of America", just so that there is no credibility to any of the information at all in the system, since nothing can be easily verified as being correct. This breaks the system at a use level.

          If a million geeks decide to do this, the ability for any given system to work is very low. I'm sure that people will complain that we're endangering national security, but remember, terrorists that we've seen, Timothy McVeigh, the DC area snipers, the Abortion Clinic bombers, and the WTC/Pentagon attackers, didn't do what they did in a way that was detectable through the methods that they want to start using. They did it with a rental truck and farming fertilizer, or boxcutters, or a rifle and a sheetmetal-modified car. Does any of this revolve around computers? ANY of it?
      • by cobyrne ( 118270 ) on Tuesday August 12, 2003 @01:07PM (#6676943) Homepage

        May I suggest that someone put together a DMCAbot honeypot with loads of .zip filenames which contain words that appear in many popular games and other copyrighted materials.

        If you could go to a court with, say, 100 of these ridiculous claims from a particular firm of lawyers for files in your honeypot, then maybe the courts would listen and do something about these claims?

        • by Anonymous Coward on Tuesday August 12, 2003 @01:39PM (#6677318)
          use iso files of endlessly looped mp3's:
          the RIAA sucks.
          the DMCA sucks.
          SCO sucks (I had to throw this in)
          I would not let Hilary R. suck

          Make sure all files are multi-part encrypted zipped iso files of at least 650 to 700 meg.
          limit the download speed of these files to 2.8 kbps! ....

          do not allow restarts on the file downloads!

          name the files:
          MetalLicka
          Madumbass
          decss
          Unicwarez 11.0
        • I like this idea but it should be a distributed program that anyone can run. It should be designed to attract only the brain dead bots that result in this kind of unwarrented threat Companies that become notorious for sending brain dead threats can be identified and the software can focus file names more specifically on these violators.
        • by Simon Brooke ( 45012 ) * <stillyet@googlemail.com> on Tuesday August 12, 2003 @01:47PM (#6677414) Homepage Journal
          May I suggest that someone put together a DMCAbot honeypot with loads of .zip filenames which contain words that appear in many popular games and other copyrighted materials.

          This raises a question. Do these serial DMCA perjurers use search engines, or do they have their own web-crawlers? If they have their own web-crawlers, what user-agent strings do they report to the http daemon? It would be interesting to know whether (say) the ESA had been trawling through my sites.

      • Re:This is stupid (Score:4, Informative)

        by named ( 3909 ) on Tuesday August 12, 2003 @01:10PM (#6676985)
        I seem to recall, from a post on yet another DMCA article here on slashdot, a lawyer (who was definitely not offering advice, naturally) saying that the "under penalty of perjury" part doesn't apply to the claim of copyright infringement. It applies, instead, to the assertion by the sender of the letter of said sender's right to represent the owner of the copyrighted material.

        In fact, I believe that it was the interview with the IP lawyers from the DOJ...

        So, you can't punish the company sending frivolous claims unless they don't have the right to be making silly claims about that particular material.
        • Re:This is stupid (Score:3, Insightful)

          by BdosError ( 261714 )
          Really, this would come down to the line from their letter about:

          ESA has a good faith belief that the Internet site found at {IPAddress} continues to infringe the rights of one or more ESA members

          The only real thing you could complain about is what constitutes "good faith". How much effort is required on their part? Does a reg-exp matching bot count as good faith? Doesn't seem like it to me, but unless there were a number of hits, I suppose the courts would consider it too trivial to penalize.

      • Clarification (Score:4, Informative)

        by powerlord ( 28156 ) on Tuesday August 12, 2003 @01:19PM (#6677087) Journal
        Actually, from what I understand, the "under penalty of purjory" bit in the DMCA is that the lawyers submitting the notice are swearing that they are authorized by the Copyright holder to be doing it, NOT that they are swearing a given complaint is correct.

        Personally I think the law should be changed to the later so we can prosecute these bone-heads as apropriate for using scripted code without real checks as to what they found.
      • Re:This is stupid (Score:3, Informative)

        by CERDIP ( 648784 )
        that the company alleging infringement must do so under penalty of perjory

        According to the DOJ lawyers who recently responded in a Slashdot Interview, the "penalty of perjury" clause applies to their representation as being an agent of someone, and not to the validity of the claim or allegation.
  • Good Faith? (Score:5, Insightful)

    by Anonymous Coward on Tuesday August 12, 2003 @12:35PM (#6676496)
    ESA has a good faith belief that the Internet site found at {IPAddress} continues to infringe the rights of one or more ESA members by offering for download one or more unauthorized copies

    I think a good faith effort should involve a little more than lame pattern matching.

    • by billstewart ( 78916 ) on Tuesday August 12, 2003 @01:14PM (#6677036) Journal
      It looks to me like they're waving around the term "good faith" because it's the magic words from the DMCA, but sending out a letter with a human's signature on it when it's very clear that none of that human's neurons have fired during the writing process strikes me as (IANAL) much closer to bad faith than good faith, especially when they seem to have an established pattern of doing this.

      It's an accusation to an ISP that the ISP's customer is committing a violation of a law and should be whacked, and under the DMCA it's much safer for the ISP to whack them first and apologize later if there's a mistake. There are various legal terms for doing this sort of thing - I'm not sure which of them are torts, which might become torts if the carrier acts on them, which might be crimes (they did say "under penalty of perjury"), and which are just insults.

  • Makes your wonder (Score:5, Interesting)

    by dBLiSS ( 513375 ) <theking54 AT gmail DOT com> on Tuesday August 12, 2003 @12:36PM (#6676507) Journal
    If companies are you throwing out Cease and Desist letters at random by their bots.. How often do they ever actully follow up on them, or do they just send the letter in the hopes of scaring people off.
  • Seriously? (Score:5, Insightful)

    by tevenson ( 625386 ) <tevenson.gmail@com> on Tuesday August 12, 2003 @12:37PM (#6676525) Homepage
    So if I've got a file called "HalfLifemappack.zip" on my server they are going to assume that I have an pirated version HL on my webspace/ISP?

    What are the factors that decide if a file is really in violation of the DMCA? I can see lots of lameness coming from this type of system.
    • Re:Seriously? (Score:5, Insightful)

      by dBLiSS ( 513375 ) <theking54 AT gmail DOT com> on Tuesday August 12, 2003 @12:46PM (#6676673) Journal
      A big problem with the DMCA is that there is no punishment for companies that don't even bother to check to see if the file even violates the DMCA. They just send out cease and desist letters in the hopes to scare people and if the company is wrong, no big deal to them. There is definetly something wrong with this this setup. A scary letter from a big company to Joe Blow makes you feel pretty scared, no one wants to spend thousands in legal fees even if they know their right.
      • Re:Seriously? (Score:4, Interesting)

        by Suidae ( 162977 ) on Tuesday August 12, 2003 @04:44PM (#6679410)
        So, if you had a non infringing file up, and they sent you a C&D, would it be appropriate to send them back a very strongly worded letter telling them to go do nasty things to their lawyers and that you refuse to remove the file (making no mention that the contents of the file are not infringing)?

        If you managed to piss them off enough to spend some more resources actually persuing the matter, you could have some fun consuming some of their resources without risking anything.
  • Note about note. (Score:4, Informative)

    by umrgregg ( 192838 ) on Tuesday August 12, 2003 @12:37PM (#6676527) Homepage
    The note is just to make sure that if the letter gets to the wrong recipient, that recipient cannot disseminate the information in the letter. It does not restrict the right of the intended recipient to do whatever they wish with the information in the letter.
  • Oh, come on... (Score:3, Insightful)

    by Noryungi ( 70322 ) on Tuesday August 12, 2003 @12:37PM (#6676529) Homepage Journal
    Simply replying to the letter/emaim they received, and providing a clear, simple-to-understand and short description of the file should be enough to clear any and all misunderstanding.

    Don't turn anthills into mountains, people. I am sure even the dumber PHB can understand that this file has nothing to do with "Pac Man"... Ooops... There goes another DMCA violation!! ;-)
    • Re:Oh, come on... (Score:4, Insightful)

      by Doctor7 ( 669966 ) on Tuesday August 12, 2003 @12:45PM (#6676662)
      Except that the letter goes to the ISP, so the owner of the file may never see it, let alone get a chance to reply before losing the account.
      • Re:Oh, come on... (Score:3, Informative)

        by Misch ( 158807 )
        The owner has the right to see the complaint. In fact, it is required by law [chillingeffects.org].

        "Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove the material from its network. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is remove
    • Re:Oh, come on... (Score:3, Interesting)

      by PurpleFloyd ( 149812 )
      What happens when your ISP recieves the letter, though? They HAVE to shut your connection off, thus making it impossible to reply to the email. That's what makes the DMCA Evil with a capital E: you are punished (your connection is cut off) before you're given a chance to defend yourself.

      Worse yet, it's not even the legal system that does the punishing, it's the company which thinks its copyright might have been infringed. Using bots to automatically send out cease-and-desist letters, with no human oversi

  • by TexTex ( 323298 ) * on Tuesday August 12, 2003 @12:38PM (#6676535)
    161MB for Pac Man, eh? Must be all fancy and stuff...

  • This is insane (Score:5, Insightful)

    by Anonymous Coward on Tuesday August 12, 2003 @12:38PM (#6676540)
    The bot is causing a false accusation.
    You can't blame it on the program. If your bot is unreliable .. DO NOT USE IT. You cant go around automating an accusation lawsuit process if it doesnt even work properly.

    21st century witch hunt is what this is.
    At least in the 1600's they got the witches right. Somewhat.
  • excellent! (Score:5, Funny)

    by lance_link ( 97462 ) on Tuesday August 12, 2003 @12:39PM (#6676542)
    i strongly support this kind of idiocy: there's no better way to discredit the DMCA than to let it do the work for you. in fact, developers should start naming their software after their favorite songs, movies, books -- the sky's the limit! any suggestions? :)
  • by DeathPenguin ( 449875 ) * on Tuesday August 12, 2003 @12:39PM (#6676554)
    Does this mean that the Redhat Package Manager violates the DMCA? If so, I'm glad I use Portage :)

    I kid because I love...
  • by Control-Z ( 321144 ) on Tuesday August 12, 2003 @12:40PM (#6676566)
    You know, if they want to use computers to help search for copyrighted material, I guess that's fine. But a *person* should actually *look* at the material before they start sending violation notices. What's next, computer lawyers, computer judges? It's the end of the world, I tells ya.

    This reminds me of the Simpsons. Homer's car has been impounded by the city of NYC (at the World Trade Center actually), and he's on a pay phone with an automated system:

    Pleasant Female Voice: Thank you for calling the Parking Violations Bureau. To plead 'Not Guilty' press one now.
    (Homer presses one)
    Pleasant Female Voice: Thank You. Your call has been...
    Gruff Male Voice: Rejected.
    Pleasant Female Voice: You will be assessed the full fine, plus a small...
    Gruff Male Voice: Large lateness penalty.
    Pleasant Female Voice: Please wait by your vehicle between the hours of nine A.M. and five P.M. for Parking Officer Steve...
    Gruff Male Voice: Grabowski.

  • Action Plan (Score:5, Interesting)

    by Doesn't_Comment_Code ( 692510 ) on Tuesday August 12, 2003 @12:41PM (#6676584)
    When spammers go really bad, a lot of us started generating fake email addresses so their bots would find them and get jammed up with crap.

    I think its time the same thing happened with DMCA bots. If they are going to be snooping around everything, lets make A LOT of stuff for them to find! Imagine if all of us created web pages that appeared to hold copywrighted material, but don't. Even just a php or cgi page that generated links with *suspicious words* but nothing of interest. No actual person would use them, but the DMCA bots would see a jackpot. Then, when actual people followed up, they'd find absolutely nothing wrong. That would gum them up pretty badly.

    So who wants to spearhead this?

    • by pestilence4hr ( 652767 ) on Tuesday August 12, 2003 @12:53PM (#6676770)
      So who wants to spearhead this?

      I nominate Al Gore. He's the one who invented this whole intrenat thingy anyways.
  • by pclminion ( 145572 ) on Tuesday August 12, 2003 @12:42PM (#6676593)
    How can the human element be totally removed from this? There's a computer somewhere deciding whether or not it sees "infringing" material and sends out legal harrassment letters without any human intervention whatsoever? And people are not absolutely outraged by this?

    What's next, automatic indictment by computer? "Sorry sir, the computer has ascertained that there is a 94% probability that you murdered your wife. The trial begins Wednesday."

  • by MongooseCN ( 139203 ) on Tuesday August 12, 2003 @12:42PM (#6676604) Homepage
    It sounds like someone has a script checking filenames for certain words. How else would someone think that file contains Pac Man the game? What is the world coming to? Automated lawsuits?

    Good Morning. Law Bot has found 2431 possible lawsuits today. Would you like to proceed with 2431 litigations? (Y/N)

    Y

    Thank you. Law Bot will now attempt to find an open relay to distribute litigations by email.
  • Good faith? (Score:5, Interesting)

    by GreenCrackBaby ( 203293 ) on Tuesday August 12, 2003 @12:43PM (#6676609) Homepage
    ESA has a good faith belief that the Internet site found at {IPAddress} continues to infringe the rights of one or more ESA members by offering for download one or more unauthorized copies of one or more game products protected by copyright

    "Sanctions: A form of financial 'punishment' where a Judge can order a party or attorney to pay for not following Court orders or not acting in good faith in a Court proceeding."

    While it's all fun and games to laugh at this, what if AT&T had cut off his connection? What if that connection was vital to business?

    I don't know how you go and get sanctions levied at organizations like this, but the ESA clearly violated good faith in this circumstance.
    • Re:Good faith? (Score:5, Informative)

      by fo0bar ( 261207 ) * on Tuesday August 12, 2003 @01:32PM (#6677242)
      When AT&T forwarded that threat to me, they included a legal contact at the company to speak to about any questions, etc (I removed this before I posted to the gentoo mirrors list, including just the stuff the ESA sent to AT&T). I called him up and got the general idea that companies like AT&T see hundreds of these per day, most of them invalid, and just forward them to their customers out of courtesy. They never seem to actually disconnect service because of an automated threat.

      It seems the only people these days that take the DMCA seriously are organizations like the ESA.

      Still, good point.
      • Re:Good faith? (Score:4, Informative)

        by GreenCrackBaby ( 203293 ) on Tuesday August 12, 2003 @02:20PM (#6677746) Homepage
        It seems the only people these days that take the DMCA seriously are organizations like the ESA.

        While I'm glad you can shrug this off with a laugh, you've hit the nail on the head with that quote above. The thing is, the ESA aren't the only ones taking the DMCA seriously. The RIAA will soon be issuing over 1000 lawsuites against music sharers -- thanks in whole to information obtained via the DMCA. The problem is, what if they used the same techniques to find violators?
  • by thoolihan ( 611712 ) on Tuesday August 12, 2003 @12:43PM (#6676621) Homepage
    This is a good reminder of why people should be supporting the EFF and FSF. This stuff is getting out of control. Copyright law was intended to prevent companies from taking advantage of one another. Not to prevent common and fair use, including sharing. And patent law was meant to encourage innovation, but it no longer does that. People invent stuff, and some company that owns the patents makes money. And people who want to use the idea but not charge for it should not be messed with.

    Wake up...
    -t
  • by pjones ( 10800 ) on Tuesday August 12, 2003 @12:45PM (#6676649) Homepage
    We, at ibiblio [ibiblio.org] and UNC, just got a Cease
    and Desist letter citing the DMCA because we have a couple of large files
    with the word "Junior" in their names. Junior-2.2-CD1.iso and
    Junior-2.2-CD1.iso are in a directory called /pub/linux/distributions/altlinux/ISO
    which pretty much says that they are
    Linux distributions in CD image to anyone vaguely clued.
    But Vevendi (or
    their funky infringement-seeking robot) thinks they might be the 1994
    Arnold S bomb, Junior [imdb.com],
    To respond to their completely bogus complaint, we have to grab the files
    and install 'em and then report back. At our time and expense. I am not
    full of love over this. It's their job to find a infringements -- not just
    make a few guesses and then demand that we do the rest of the work for
    them for free. Makes me wanna see a movie for free! (not Junior however).

  • by SatanicPuppy ( 611928 ) <Satanicpuppy.gmail@com> on Tuesday August 12, 2003 @12:47PM (#6676680) Journal
    Ooooo, it checks FILE NAMES. And poorly too. That's a very simple text search if all it does is pattern match on that level...Like the profanity filters that will catch "Wish it" or "Cockpit". There is no WAY they are getting anything that even resembles useful information. If PAC and MAN are in the search criteria, I'm surprised they bothered to send out any letters at all.

    First of all, that fricking PAC MAN is worthy of that kind of vigilant enforcement is mind boggling. And second that they're willing to poin the finger on so little evidence... I've played that infiltration mod for unreal. Even the most cursory check would show that it violated no copyrights and no IP laws, and, especially that it wasn't fricking PACMAN!

    This kind of thing is good, because it shows very clearly the flaws and the flawed minds behind the DMCA.

    Now, I'm off to put a bunch of files with misleading filenames up on my site.
  • by Bazman ( 4849 ) on Tuesday August 12, 2003 @12:47PM (#6676683) Journal
    I run a web site for substance hardness testing. We make kit that does standard dent and scratch tests for a variety of materials. One of our directories is called:

    MetallicAlloysDentersAndManuals

    Baz

    PS no i dont really
    • Dear Bazman:

      The RIAA wishes to inform you that you are violating our copyrights. Our patented DMCAbots(tm) have seen through your thin attempt at obfuscation. You would like us to think you have fake copies of Metallic in this directory, but we know you were far more clever than this:

      MetallicAlloysDentersAndManuals

      We will now proceed to sue you on behalf of Madonna for amounts of money so vast, modern mathematics has no way to depict them.

      Signed, the RIAA.

  • by rabbar ( 694056 ) on Tuesday August 12, 2003 @12:48PM (#6676701)
    Similar to the way people have salted web pages with phony email addresses to poison robots that scrape web pages for email addresses an effective way to poison the DMCA robots is to salt your web site with nonsense files with names the robots will pick up. There is a procedure for contesting DMCA take down notices. http://www.personal.utulsa.edu/~benjamin-chapman/c le/dmca_summary.htm
  • by jhughes ( 85890 ) on Tuesday August 12, 2003 @12:48PM (#6676702) Homepage
    My brother and I run a online game called TFOS Mux (www.tfosmux.org). It's based on a roleplaying game by R Talasorian Games and we have permission.

    Our game is set in the fictional city of Pebble Beach, in an undetermined state. We state on our web site that it is not affiliated with the original Pebble Beach Golf Course (which we learned about five years after we'd started playing), but jokingly make a comment about a mini golf course for wayward visitors.

    In January we received a C&D letter from the lawyers of Pebble Beach Company, stating that our online site was causing confusion in the marketplace and that we must immediatly change our name.

    TFOS stands for Teenagers From Outer Space. It's a roleplaying game based in anime, where aliens come to Earth, go to high school and such.
    -Aliens
    -High School
    -Anime
    -Statement that we aren't the REAL Pebble Beach

    Pebble Beach Company
    -Golf
    -Florida (or is it CA?)
    -Real

    These corporations/DMCABots are sending out C&Ds without even looking at what they're sending it out. Five seconds on our web page would have saved them and us a lot of trouble.

    Fortunatly, my brother contacted the EFF, and a lawyer wrote to them....and we haven't heard from PBC since.

  • by rdmiller3 ( 29465 ) on Tuesday August 12, 2003 @12:50PM (#6676730) Journal
    Did anyone else make it to the bottom of the included note, where the letter claimed that it is intended only for the recipient and prohibits copying and/or use by anyone else?

    Those are privacy-related restrictions which can only be invoked between real people, not by crude filename-grepping scripts dumping output to automatically-selected e-mail addresses.

    And where does whoever wrote that varbage get off, saying that no one other than the intended recipient is allowed to act upon the information? What law backs that up?

  • by dschuetz ( 10924 ) * <.gro.tensad. .ta. .divad.> on Tuesday August 12, 2003 @12:56PM (#6676807)
    The more ridiculously-researched "good faith" letters like this go out, the better defense people will have when they simply throw them in the trash.

    I don't recall the specifics about how the DMCA requires ISPs to investigate / respond to this kind of crap, but I think any sane judge would agree that it wasn't Congress' intent to force ISPs to spend all sorts of manpower (and, thus, $$) investigating every stupid letter that comes forth.

    So bring it on! We need MORE lawyers sending out MORE useless crap so that ISPs can be justified in ignoring all of them, even the ones that actually are well-researched.

    (or something like that)
  • by HangingChad ( 677530 ) on Tuesday August 12, 2003 @12:56PM (#6676813) Homepage
    On the part of the company sending that letter out. The DMCA may allow them to do that, but I wonder if it shields them from liability for doing so improperly? Seems like you could sue them for defamation, all the pieces are there. They've accused you of being a software pirate, someone else has seen the accusation and you had to spend time (and money) answering the complaint. I'll admit my knowledge on defamation suits is lacking, maybe someone with more legal background could comment. The real meat is punitive damages and I'm not sure what a court would see in this. Reputations are fragile things and to have yours slandered by someone not exercising a reasonable and appropriate level of care (ie looking at the file name before sending the notice) seems pretty serious. I'd probably at least have my lawyer call them. That gets their attention.
  • by AtariDatacenter ( 31657 ) on Tuesday August 12, 2003 @01:01PM (#6676872)
    I thought part of the DMCA process is that the company making the claim has to swear (not the right word... what is it?) that they are the proper owner of the item, and they have the full right to ask for it to be taken down.

    At which point, the hosting provider can take it down with immunity.

    But if the initial claim is bogus, doesn't that open the door to damages to the person making the false DMCA claim? Obviously, they're at least demonstrating negligence and reckless disregard if they're going on the output of a bot.
  • Fat PacMan (Score:5, Insightful)

    by in7ane ( 678796 ) on Tuesday August 12, 2003 @01:01PM (#6676877)
    >Filesize: 161,212k

    That's got to be the first time I hear of a 160MB version of PacMan - does it include detailed 3D schematics of the arcade machine as well?

    Seriously though, don't they have some filters on identifying infringing files? Like say the latest game is >100MB, an arcade ROM/old game quite a bit less. Otherwise I'd imagine they are getting far too many false positives (they seem to be searching for SEGMENTS of a name - how many files out there do you think include pac and man or sim and city?).
  • Lawsuit honeypot (Score:5, Interesting)

    by CausticWindow ( 632215 ) on Tuesday August 12, 2003 @01:03PM (#6676897)

    Somebody with a clueless ISP, host an ftp site sporting empty files with names like pacman.zip, archon.zip, loderunner.zip, etc.

    When the ISP gets the DMCA notice and shuts you down, you sue the sender for disrupting your business. Of course you'll need some kind of front business on the same server.

  • Openoffice Mirrors (Score:3, Informative)

    by nurb432 ( 527695 ) on Tuesday August 12, 2003 @01:07PM (#6676937) Homepage Journal
    Sometime ago a story was posted about the same thing, searching FTP sites for files, and keyed off the word 'office'.. so the letters went a-flying..

    Good thing it wasnt 'auto suits'.. Innocent people would have to pay to defend themselves for doing NOTHING... ( remember its civil court, its on your to prove innocence.. )

    Morons.

  • by ianjk ( 604032 ) on Tuesday August 12, 2003 @01:14PM (#6677042)
    SCO files a infringement suit against gentoo claiming both 'Pac' and 'Man' are their intellectual property. All Unreal users must purchase a license or face prosecution under the DMCA. Licenses are availible at their website www.extortion.sco.com
  • by LittleGuy ( 267282 ) on Tuesday August 12, 2003 @01:16PM (#6677058)
    "Has anyone else ran into this with good (or even bad) outcomes?"

    Here's one example from earlier this month:

    RIAA's scare tactics bound to backfire [com.com]

    We already saw this happen earlier this year, when the RIAA was forced to apologize to a Pennsylvania State University professor for sending him and dozens of other people legal warning saying that they were violating federal copyright law. The RIAA's automated program apparently confused two separate pieces of information--a legal MP3 file and a directory named "usher"--and concluded there was an illegal copy of a song by the musician Usher.

    Also, from the /. Interview withMichael O'Leary, Deputy Chief for Intellectual Property at the DoJ: [slashdot.org]

    9) "... under penalty of perjury ..." - by OWJones
    In copyright law, 17 USC Section 512(c)(3)(vi) states that all notifications of copyright violations sent to ISPs must contain

    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    (emphasis mine).
    Do you know of any cases in which the sender of an invalid takedown notice -- such as the RIAA claiming Penn State University Emeritus Professor Peter Usher's lecture on radio-selected quasars was, in fact, an mp3 from the musician Usher -- has been successfully charged with perjury? Or do you allow copyright holders some "fudge factor" with the perjury aspect, since

    1. It was an mp3.
    2. It did have the name of an RIAA-represented artist in the title, and
    3. It was at a university.
    If copyright holders are allowed leeway, can we expect to see similarly loose definitions of perjury creep into the legal system? If the police are looking for a "Caucasian male, age 50-60, bald, 200-225 pounds," can I testify in a court of law that the 18 year-old caucasian male with a ponytail, weighing 140-150 pounds, is in fact the suspect since he is, after all, a caucasian male?
    I realize that's more than one question and that they're slightly loaded, but I'd appreciate any comments on how seriously the DoJ takes the perjury clause of the takedown notices.


    O'Leary:
    Your question raises an important point. We feel strongly that everyone should comply with the requirements of all laws. Legal process under the DMCA or any other provision of law should be undertaken with the utmost care and good faith. Failure to do so undermines the credibility and effectiveness of our legal system.

    Having said that, it appears your interpretation of the language in 512 (c)(3)(vi) is in error. The phrase "under penalty of perjury," applies to the representation that the complaining party is authorized to act on behalf of the copyright owner. It does not apply to the accuracy of the information about the alleged infringement. Quoting federal district Judge Bates in Verizon v. RIAA, The DMCA also requires a person seeking a subpoena to state, under penalty of perjury, that he is authorized to act on behalf of the copyright owner, 257 F. Supp.2d 244, at 262. In other words, the perjury clause may be violated if you seek a DMCA subpoena without the authorization of the copyright owner.

    We are unaware of any prosecutions for violating this provision of the DMCA at this time.

  • by mph ( 7675 ) <mph@freebsd.org> on Tuesday August 12, 2003 @01:20PM (#6677095)
    Yes, things like this have happened before. A few weeks ago, it was widely reported that the RIAA complained [politechbot.com] to the Penn State astronomy department about what they thought were mp3's of young, black R&B star Usher.

    In fact, they were mp3's of original a capella music about astronomy. On the same web page, there were references to Prof. Emeritus Peter Usher, an elderly, white, generally unhip astronomer whose recent contributions to the field include an analysis of the astronomical context of Hamlet [psu.edu].

    The good folks of the department were kind enough to issue widely-distributed press releases mocking the RIAA, who later apologized for the error.

  • Oh well... (Score:5, Funny)

    by te amo ( 690205 ) on Tuesday August 12, 2003 @01:21PM (#6677111)
    I guess I'll have to find a new name for my latest project: BritneySpearsAVIMP3WarezSuperMarioBrosWindowsXPEpi sodeIII. (It turns Caps Lock on when you sneeze)
  • Small World (Score:5, Informative)

    by fo0bar ( 261207 ) * on Tuesday August 12, 2003 @01:22PM (#6677121)
    I check Slashdot today and see my name in a linked article. (I am Ryan, the person who posted to the gentoo mirrors list.)

    As I mentioned in the list post, yes, this is silly and amusing, but it still has to be treated seriously. I met with our company lawyer yesterday (who is pretty well-versed in the DMCA, and hence has slightly less than glowing praise about it). The basic response of course is to reply, explaining that they are in error and to consider the matter closed.

    While I would like nothing better than to go after these people for gross abuse of the legal system, my company, like many other companies, cannot justify the costs associated with going to court over something like this. This is why you should donate to an organization like the EFF, and tell them you are concerned about the DMCA and its effects.

    (Standard IANAL disclaimer for the following:) Also, check out this form [copyright.gov] if you are a mirror provider. It deals specifically with the DMCA, but does not necessarily provide protection against, but it may help. It is intended for transit providers/datacenters (which we are), but from reading its defintion of a "service provider", mirror sites MAY (again, IANAL) qualify in the same respect.

  • This is so silly... (Score:3, Informative)

    by mbourgon ( 186257 ) on Tuesday August 12, 2003 @01:23PM (#6677130) Homepage
    everyone knows that the Pac Man rom is called puckman. http://www.mame.dk/gameinfo/puckman/

    Oops...
  • by Punk Walrus ( 582794 ) on Tuesday August 12, 2003 @01:23PM (#6677136) Journal
    Many years ago at a well-known ISP, we had a pretty funny and cool guy who worked with us who had the e-mail godzilla@[our_ISPcompany_email.com]. He got a cease and desist order in 1998 from Toho Co., Ltd, stating Godzilla was a copyright of Toho Co., Ltd, and that if he did not give up his e-mail account name, Toho Co., Ltd would sue him and our company for international copyright infringment of Toho Co., Ltd. Then they wanted to take over the e-mail account for the upcoming Godzilla 2000 movie.

    This letter was hysterical because apart from being in slightly broken English, it mentioned the name "Toho Co., Ltd" about every sentence, and was full of self-praise about how great and honorable Toho Co., Ltd was.

    At first, he ignored it. Then the company came down on him because they got a letter from Toho Co., Ltd's lawyers. There was some debate, and the company decided that it wasn't worth their time to try and deal with this, so they dropped the issue.

    The coworker *was* a Godzilla fan, so he wrote back to Toho Co., Ltd that "Godzilla" was not a trademark, but "Gojirra," the proper kanakata spelling was a trademark, and he did not have an account with that name, nor did he have the ability to open an account with that name unless they paid or company for the e-mail address.

    They never replied. He had the letter posted on his door for a while, with a photoshop of Godzilla attacking our building. Then Godzilla 2000 ("Ferris Beuller vs. Godzilla") came out, and I think Toho Co., Ltd probably never wanted to deal with Americans again.

    __________________________________________________ _
    www.punkwalrus.com - As seen on "The Gong Show"

  • OpenOffice.org (Score:5, Interesting)

    by gral ( 697468 ) <kscarr73@gmai l . com> on Tuesday August 12, 2003 @01:25PM (#6677162) Homepage
    We had the same thing happen to us. One of our mirrors recieved a nasty gram about the OpenOffice file that was on their system. A little bit of digging found that their script was assuming ANYTHING with OFFICE in the name was a pirate copy of MS Office. It was rather entertaining.
  • CHARGE FOR COSTS!!! (Score:5, Interesting)

    by swordgeek ( 112599 ) on Tuesday August 12, 2003 @01:35PM (#6677281) Journal
    Come on folks, a few people have mentioned it already.

    EVERY time that someone gets a completely frivolous complaint like this, they should:

    1) research it (proving it's stupidity)
    2) Bill for it, at consultant rates. Say $250/hr, 2hr minimum. Make sure you send a formal invoice, (explanation of services done, rates, etc.) and include a payment due date.
    3) If they don't pay by that date, then either (a) call a collection agency, or (b) sue.

    Doing a little bit of extra work now will hurt them enough to make them stop.
  • by Upright Joe ( 658035 ) <<uprightjoe> <at> <gmail.com>> on Tuesday August 12, 2003 @01:38PM (#6677302) Homepage
    I wish I would get one of these. I think everybody should pick their favorite arcade game, zip up some random binary data, name the zip file after their favorite game, then put it up on their website with a hidden link such as a 1 pixel transparent gif or such.
  • This one is easily enough dealt with by a slight amendment to the DCMA.

    What we have to due, is to introduce a requirement that any "violation notices" be based on a reasonable belief that IP is being infringed and then make the complaining party responsible for any legal expenses on the part of the accused party for an unreasonable violation notice.

    It would be a bit like the British, loser pays system, that forces a party realy consider the strength of their case prior to bringing it or defending it at all costs. It helps prevent the kind of "litigation extorition" that we see all the times in the states.

    A great example of "litigation extorition" happened to me and my wife shortly after we got married. We decided to install a gas stove (you need that for good Chinese cooking) and needed a gas line to do so. To install the gas line we needed access to the easement inside our neighbors yard (zero lot line). We requested it in writing heard nothing. Assuming that silence implies consent - an old Common Law Legal concept - we went forward with accessing the easement. The day of the installation in the evening a police officer shows up on our doorstep, after getting my wife's version of events he stated, "there is nothing here!" A week later we got a letter from an attorney from our neighbor asking for $1,000 or the name of our insurance company to "resolve this matter".

    Well, my wife is a supervising paralegal and I am someone who has read a lot of law. We knew a shake down when we say it. So, we put together a little package (12 exhibits in total) informing them that we were willing to drop this matter at this point, but if they pursued it further that we would be counter-suing. We also dropped a line on the State Bar Association Office of Professional Conduct about this attorney. A few days later we got a note that the attorney in question was no longer representing this client and to forward any and all communications to our neighbor (a breach of Legal ethics, which we sent onto the Office of Professional Conduct).

    The bottom line, needless litigation is like Spam: if we increase the cost just a little, it will dramatically reduce it. The problem is that in the US Legal system is doesn't (if you are in the right financial situation) cost you anything but your time and energy to force people to spend money responding to you. If we make people pay some of the cost of litigation.
  • My Response (Score:4, Insightful)

    by spiritraveller ( 641174 ) on Tuesday August 12, 2003 @01:48PM (#6677424)
    I had some free time, so I wrote Mr. Hunter a letter regarding this matter.

    The subject I used was "Re: Notice of Claimed Infringement"

    I designed it to look like a legitimate response to one of these notices. If they receive enough of these protest letters, Mr. Hunter and others at ESA will get a taste of their own medicine

    The text follows:

    Dear Mr. Hunter,

    I have read your notice of claimed infringement.

    In your letter, you state "ESA hereby requests AT&T Worldnet Service to immediately remove or disable access to the Infringing Material at the URL address identified above."

    The negligence of others is a foreseeable consequence in tort law. Should AT&T have granted your request, you might have been liable for any damages caused by that immediate removal of what you claim to be infringing material.

    The file named "INFMapPacks123FULL-MAN.zip" obviously has nothing to do with Pac Man.

    You would do well to review the threatening letters that you send out, rather than cavalierly trampling on the rights of others.

    Regards,
    INSERT-NAME-HERE
    concerned citizen
  • by linuxtelephony ( 141049 ) on Tuesday August 12, 2003 @01:53PM (#6677474) Homepage
    If a human reviewed the file and genuinely thought it was infringing, THEN it would be good-faith. An automated tool that is allowed to generate a list that someone uses to mail "infringement" letters WITHOUT EVER REVIEWING THE FILES IN QUESTION qualifies as IRRESPONSIBLE, and harrassing. Are there provisions in the DMCA to sue for such irresponsible accusations? At the very least, submit an invoice for the cost of dealing with a BAD-FAITH accusation.

    Someone should contact the ESA and tell them actions taken like this only serve to make people LESS likely to believe or even care about accusations of infringement since no effort appears to be made for accuracy.

  • Slow Down DMCAbot! (Score:5, Interesting)

    by isa-kuruption ( 317695 ) <kuruption@@@kuruption...net> on Tuesday August 12, 2003 @01:55PM (#6677493) Homepage
    Everyone who runs a box on a cable modem or on a network should consider getting the LaBrea tarpit [freshmeat.net]. For those who don't know, this software is used to slow down worm activity, however it can be used to hang DMCAbot as well.

    Have this listen to port 21 on your networks and watch DMCAbot hang indefinately (your mileage may very).

    Also, just to cause lots of fun, try doing the following: dd if=/dev/urandom bs=1024 count=142 | gzip -c > (MSOffice|PacMan|Zelda|Matrix|.gz) and let DMCAbot spam ISPs with worthless crap until they add an SMTP deny rule.

    Anyway, just some ideas. :)
    • by Anonymous Coward
      Hey, if enough people generate PacMan.gz with /dev/urandom, do you think at some point we will actually end up with a proper gzip file of PacMan?
  • This suggests... (Score:4, Interesting)

    by hak hak ( 640274 ) on Tuesday August 12, 2003 @02:00PM (#6677539)
    ... a more systematic approach.

    What if there were more open-source packages that seemingly contain commercial material, so that they give up trying to keep track of these DMCA violations? Same principle as with an Emacs package (I believe it's called spooky) that inserts words like terrorist', 'bomb', and 'secret' in e-mail headers to 'slashdot' a reported NSA server checking all e-mails for illegal activities.

  • Sue the Bastiges (Score:5, Interesting)

    by gbulmash ( 688770 ) <semi_famous@ya h o o .com> on Tuesday August 12, 2003 @02:04PM (#6677585) Homepage Journal
    Forget criminal prosecution. Sue them.

    IANAL (although I did score 163 on the LSAT's and turned down a partial scholarship to law school), but this appears to me to be a case of Defamation, Tortious Interference, and Abuse of Process.

    Note they claim a good faith belief. Based on what? It's based on insufficient investigation to found a "good faith belief", and is therefore negligent. Their reckless act has caused you, among other ills: personal distress, time lost in correcting the matter, and harm to your reputation.

    You should definitely consult a lawyer about your rights to sue this law firm for their reckless and defamatory acts against you!

    - Greg

  • not perjury (Score:3, Interesting)

    by 7-Vodka ( 195504 ) on Tuesday August 12, 2003 @02:16PM (#6677691) Journal
    For those who missread, they attested under punishment of perjury that they represented said game publishers, not that the information in the entire letter was correct.
  • by Heisenbug ( 122836 ) on Tuesday August 12, 2003 @02:29PM (#6677829)
    Well, OK, not really. But that was my assumption when I saw the article -- that some anti-DMCA hacker was trying to draw attention to the silliness of it all. I mean, Pac Man? Come on ...

    So I've seen suggestions on this board that we make honeypots to draw the bots into a world of false positives. Let's do them one better -- let's make our own bots to send cease and desist letters at random, and really discredit the whole concept. Send a letter for every file that contains the word 'Men' or 'Day' or 'Part 2'. Lots of copyrighted material with names like that ...

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