Cloud Firm MediaFire Flags Malware Samples For DMCA Violation, Bans Researcher 125
chicksdaddy writes "A malicious software researcher finds herself in company with First Lady Michelle Obama and science fiction author Neil Gaiman: booted from the Web by hard-headed copyright protection algorithms, according to the Naked Security blog. Mila Parkour, a researcher who operates the Contagio malware blog, said on Thursday that she was kicked off the cloud based hosting service Mediafire, after three files she hosted there were flagged for copyright violations and ordered removed under the terms of the Digital Millennium Copyright Act (DMCA). The files included two compressed and encrypted malicious PDF files linked to Contagio blog posts from 2010. The firm responsible for filing the DMCA take down notice was Paris-based LeakID, which describes itself as a 'digital agency ...founded by experts from the world of radio, television and Internet.' LeakID markets 'Leaksearch,' an 'ownership tool that will alert you within seconds if your content...is being pirated.' According to Parkour, Mediafire received a notice from LeakID claiming that it was 'acting on behalf of the copyright owners,' though the owners and presumed copyrighted content weren't named."
In the absence of teeth... (Score:5, Interesting)
There is a reason these takedown companies are all moving off shore. This way they avoid the perjury penalty for filing false reports. Who has time to fly to Paris to file perjury claims against this company on their home turf, in a French Court.
In the absence of any real penalty in the laws for filing false takedown notices, it seems to me that everyone should simply start filing takedown notices on every single thing they find on the net anywhere until the hosting companies realize that it is a total mess, and start demanding more than an automated statement, something like proof, a statement of the work it is supposed to actually violate, etc.
Clearly if these files were compressed and encrypted, any hash or content match was random, and virtually any executable code or encrypted file might trigger a match with whatever engine these take-down artists were using.
Perhaps there is a business opportunity to set up a company in East Timor or some such place that would automatically file a counter notices [wikipedia.org] (putback), which then requires the takedown artists to file suit, or shut up. This puts the cost burden back on them, and at worst case, an improperly accused person has a ten day interruption of availability.
As long as the hollywood darlings are in office I see no chance of this ever being corrected via legislation. The best bet is to get it to topple over of its own weight.
Hold them to the fire (Score:5, Interesting)
LeakID (and/or their client) just claimed copyright over malware. Not just any malware, but targeted malware against a corporation for the intent of theft of intellectual property and unauthorized access of computer systems.
IANAL, but LeakID should then be held liable and responsible for their "copyrighted works".
Re:In the absence of teeth... (Score:5, Interesting)
This is happening to a friend of mine who is being stalked. An offshore firm has obtained access to her FB pictures, and filed takedown notices on every single one she has, even the ones from her phone. FB got tired of the DMCA notices (even though there was -zero- copyright liability anywhere) and suspended her account.
I guess the answer is to hold your photo collection offshore and just link to the contents, or have one link to blog, etc.
Paris? (Score:4, Interesting)
I hope that is Paris, Texas, since a company in Paris, France has fuck all to do with the United States' DMCA laws.
Re:Simple solution: (Score:5, Interesting)
As AC alluded to, they can only be charged with perjury if they don't have rights to the work they claim is being infringed. If your work is nothing to do with the work they claim is infringed, you have no recourse. So to troll the system all you have to do is have a random copyright on something, and claim everything you see infringes on it.
Re:In the absence of teeth... (Score:5, Interesting)
There is a reason these takedown companies are all moving off shore. This way they avoid the perjury penalty for filing false reports. Who has time to fly to Paris to file perjury claims against this company on their home turf, in a French Court.
All easily solved by simply saying that the forum chosen by the plaintiff is inconvenient. It's a simple motion to file in most jurisdictions -- if I live in Texas, and I sue you in New York, you can request the venue (that is, where the court is located, not which laws apply) be changed to New York, as you are the defendant and the burden is on the Plaintiff to prove damages, etc. It's all under the 'innocent until proven guilty' -- and not granting such a motion would prejudice the defense.
Unfortunately, such just and fair legal concepts have been thrown out... and nobody gives a damn. People are busy protesting crap like mortgage defaults, while the judiciary falls apart to the sound of silence.