Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Judge Won’t Give Back Sports-Streaming Domain Seized By ICE

First off today, a judge has decided that the site Rojadirecta will not be getting its domain back. Immigrations and Customs Enforcement (ICE) seized the domain, along with dozens of others, over alleged copyright violation. Rojadirecta sued ICE, claiming that it was a violation of their free speech rights. However, the judge apparently disagreed with Rojadirecta, saying that the site was used primarily for copyright infringement, namely posting links to copyrights sports streams, and would not suffer “substantial hardship” due to the revocation. Rojadirecta has resumed business using it’s Spanish domain.

2: Rapper Lil Wayne Slapped With $15 Million Lawsuit

Next up today, rapper Lil Wayne has been sued by Done Deal Enterprises, a Georgia-based production company, which claims that he stole his song “Bedrock” from them. The song, which also featured Drake, Nicki Minaj and Lloyd, rose to number 2 on the Billboard charts last year. The suit is seeking $15 million in damages and lists Universal Music Group, Cash Money Records and Young Money Entertainment as defendants.

3: After Much Ado, a Google Book Deal in France

Finally today, in France Google has managed to strike a deal with publisher Hachette Livre that will allow it to scan and post online tens of thousands of French book as part of its Google Book Search project. The deal comes as a similar one in the U.S. was dismissed by a judge. However, the French deal does have a major distinction in that the publisher gets to opt in on which books they wish to allow, something Google has resisted in the U.S.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Why Copyright Holders Love iTunes Match And Pirates Hate It

First off today, more feedback and discussion about Apple’s new iCloud service, in particular its Music Match feature, has been coming in. iCloud, which wirelessly syncs your music across all devices connected to your iTunes account, works with Music Match, which scans your library of songs, including those taken from other sources (legal and illegal) and replaces them with high-resolution legal copies from iTunes that can be synced using iCloud. Copyright holders, who signed deals with Apple to make the service happen, are happy about the new offering as they will be receiving a portion of the $25 per year subscription. However, some pirates, including Peter Sunde of The Pirate Bay fame, are concerned about locking in one’s music to a single platform and the possibility of Apple removing infringing songs without warning.

2: Feds Seize New Domain, Add To “Batshit” Conspiracy Theories

Next up today, Immigrations and Customs Enforcement (ICE) seized the domain of a longtime anti-vaccine activist claiming copyright infringement, a move that has stirred conspiracy theories. According to the owner of the domain, the reason for the seizure was because his domain was hacked and filled with some 70 GB of pirated material as well as links to other illegal content. According to the domain owner, this is a ploy to destroy him, his message and his site, which he has already reopened at a different domain. ICE has not commented on the seizure.

3: Kino.to Raided In Massive Police Operation, Admins Arrested

Finally today, the popular movie streaming site Kino.to has been shut down following the arrest of some 13 people in four different countries. The site hosted no illegal content directly but streamed content uploaded elsewhere, including many popular movies. Though the site was primarily popular with German-speaking countries, it earned a place on the MPAA “notorious markets” list and had been the subject of an injunction in Austria. Police are still hunting for a 14th person suspected of operating the site.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Lime Wire Judge Limits Recordings for Which Music Labels Can Seek Damages

First off today the judge in the ongoing Limewire case has limited, somewhat, the number of works the record labels suing the company can seek statutory damages for. According to Judge Kimba Wood, the record labels can claim statutory damages for each individual track infringed but only as long as the track was not solely sold as part of an album. For example, tracks sold individually on iTunes or AmazonMP3 can each receive statutory damages even if they were originally on the same album. However, those only sold as part of the album are eligible for one statutory damage award for the whole compilation. The record labels have been ordered to produce a final list of tracks they are seeking damages for by April 15th. The trial, which is on the subject of damages only, with Limewire already being found liable, is scheduled for May.

2: “Operation In Our Sites” Will Continue Seizing Domains

Next up today, ICE director John Morton has stated before the U.S. House of Representatives that “Operation In Our Sites”, the seizing of domains that are believed to be for the purpose of counterfeiting and copyright infringement, will continue. Morton also brushed aside questions of constitutionality of the seizures, saying that the process was developed with the Justice Department to ensure compliance. The hearing, outside of Morton’s testimony, focused largely on Google and whether it could do more to stop online infringement. The hearing was part of run up to new legislation aimed at seizing suspected “pirate” domains.

3: Vermont State Rep.’s House Floor Speech Wasn’t All His

Finally today, Vermont State Rep. Tom Burditt turned many heads last week with a speech he gave on the House floor in which he railed against single-payer healthcare calling it “communist”. However, it also appears that much of the speech, including the controversial passage, was plagiarized from an earlier essay by Dr. Lawrence Huntoon, president of the Association of American Physicians and Surgeons. Burditt, when confronted by the similarities said that he didn’t see anything wrong with the copying, saying that, “There’s nothing wrong with having the same opinion as anyone else.” This, in turn, has called for some leaders in the Vermont House to start plagiarism training for representatives.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Music Web Sites Dispute Legality of Their Closing

First off today, several of the sites who had their domains seized over Thanksgiving weekend are disputing the legality of their closures. The music blogs involved are all saying that they were operating within the bounds of the law, even being given the content that was allegedly infringing and torrent-finder.com, which was a bittorrent search engine, has said it was merely linking to torrent sites, much like Google. The domains were seized by Immigration and Customs Enforcement (ICE) as part of their “Operation In Our Sites” campaign over Thanksgiving weekend. However, the seizure warrant for the domains was just released last week, and seems to have many misunderstandings about what these sites were and how they operated.

2: Maria Pallante Appointed Acting Register of Copyrights

Next up today, Maria Pallante, a former copyright attorney who most recently served as associate register in charge of the office of policy and international affairs has been named acting Register of Copyrights beginning January 1, 2011. The currently Register, Marybeth Peters, will be stepping down on Dec. 31, after 16 years in the position. Pallante will serve until a new Register of Copyrights is appointed, a process that could take many months.

3: Japan’s Gundam Robot Crushes Chinese Lookalike

Finally today, a theme park in China has promised to “remodel” an under-construction 60-foot tall statue of a robot after fans of the Japanese anime series Mobile Suit Gundam complained that the robot bore too much of a resemblance to one of their bots. The Chinese statue even bore the initials EFSF and WB on its shoulders, which is short for ‘Earth Federation Space Force’ and ‘White Base’, two well-known elements of the series. Though the theme park owners did say that the design was original they have agreed to alter it due to the complaints. Fans of the series expressed the most outrage but Sotsu Co, the company that handles the IP for Gundam, said that they were “gathering information” on the statue for possible legal action.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

It was a busy week for copyright news but one story seemed to reign over them all, the 82 domains seized by Immigrations and Customs Enforcement over Thanksgiving weekend. As Patrick, the official rap and hiphop correspondent at the Copyright 2.0 Show, and I attempt to make heads of tails of the seizure, we look at the sites involved, the cases against them and Patrick makes an interesting discovery about one of the rap domains that was taken down.

We also carved out some time to talk about other news including some updates about both The Pirate Bay and the U.S. Copyright Group.

This week’s stories include:

• ICE Seizes 82 Domains for Violating Intellectual Property
• Pirate Bay Founders Lose Appeal
• Supreme Court Refuses to Hear Harper Case
• U.S. Copyright Groups Sues Lawyer, Is Sued By Defendants

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Show Notes

About the Hosts

Jonathan Bailey

Jonathan Bailey (@plagiarismtoday) is the Webmaster and author of Plagiarism Today (Hint: You’re there now) and works as a copyright and plagiarism consultant. Though not an attorney, he has resolved over 700 cases of plagiarism involving his own work and has helped countless others protect their work and develop strategies for making their content work as hard as possible toward their goals.

Patrick O’Keefe

Patrick O’Keefe (@iFroggy) is the owner of the iFroggy Network, a network of websites covering various interests. He’s the author of the book “Managing Online Forums,” a practical guide to managing online communities and social spaces. He maintains a blog about online community management at ManagingCommunities.com and a personal blog at patrickokeefe.com.

Though the bulk of the domains were clearly for sites selling counterfeit goods for brands such as the NFL, Louis Vuitton and Timberland among others, a few were seemingly seized solely for alleged copyright infringement, including the popular bittorrent search engine torrent-finder.com.

Especially hard hit was the rap and hiphop community which saw three prominent sites in its community, onsmash.com, rapgodfathers.com and dajaz1.com were also seized even though all three were music blogs and not well-known for distributing pirated music.

The seizures, however, have also caused a great deal of confusion and interest from webmasters, both from those who are wondering if they can get domains seized that infringe their content and wondering if their site might be a target for seizure later.

So, even though I try to keep the talk about such news stories to the 3 Count and the Copyright 2.0 Show (and Patrick O’Keefe and I did talk about the seizures at great length during the live recording yesterday, due to be posted tomorrow) its worth taking a moment to understand what these seizures mean from a more practical perspective and what the implications are for your site.

However, I think most will be disappointed and/or relieved to find that the answer is “Nothing”, especially considering how the seizures came about.

For Those Being Infringed

Though I’ve only had one or two people mention the possibility of getting domains seized, and, in both cases, it was likely half-hearted, it is worth noted that the odds of a smaller content creator successfully pushing a domain to be seized via ICE is slim to none.

Not only were most of the domains involved in the seizure related to counterfeiting, not copyright, but the ICE seizures were targeted at sites that were infringing the rights of major copyright holders, including the music and movie studios.

GIven that it is unlikely any infringement of your content, at least by one site, would rise to the level of criminal copyright infringement, even getting ICE, or any government branch for that matter, to take action on your behalf is slim to none.

For the majority of content creators, their remedies will be limited to cease and desist letters, takedown notices and, in rare cases, civil action.

Government action of any type just isn’t practical for smaller copyright holders and the fact ICE seized a series of domains doesn’t change that.

For Those Worrying About Being Seized

The more common concern, however, is coming from webmasters worrying about having their domains seized.

This has received a lot of attention as the three rap sites that were seized were not torrent sites or file download sites, but rather, were blogs and communities and, especially in the case of onsmash, seemed to have a lot of credibility for being a legitimate site.

Still, the likelihood of being seized, especially for a blog or community site, is almost nil. Considering that there are millions of domains registered every year and less than half a dozen were seized in this last raid solely for copyright reasons, it doesn’t seem likely to me any site has much to worry about.

Unless you’re doing something, such as running a file download or a bittorrent site, that earns the attention of those major rightsholders and does so at a level that warrants the attention of the government, you probably aren’t in danger of being seized. The odds are many times greater that you’ll be faced with cease and desist letters and DMCA notices than a seizure.

Still, some sites that might be at risk, such as larger bittorrent sites like Demonoid, are taking precautions and either snapping up backup domains or moving to domains outside of U.S. control.

Still, for sites that do their best to be legitimate but may accidentally cross the line from time to time or have a user do so periodically, there really isn’t much to fear at this time. The number of domains involved is small and likelihood of a non-major infringer being targeted is still practically nil, even if it does turn out that these three sites were not heavy infringers.

In short, your average webmaster has little, if anything, to fear from this, especially if they are acting in good faith.

Bottom Line

To be clear, I have a lot of problems with these seizures. For one, there is almost no transparency about why each domain was targeted, which is a big part of why there is so much confusion and anger. We’re left to largely guess who asked for the seizures, how they secured them and why ICE chose the sites they did.

We may get some answers to these questions as several groups are rising to challenge the seizures, but we don’t have them right now.

Also, the seizures further illustrate how slanted U.S. copyright law is toward larger copyright holders as it is just another enforcement tool not available to smaller creators, no matter how much of their livelihoods depend on their work.

Finally, the measure seems likely to be an ineffective one. Though I agree with Patrick that, just because someone might come back doesn’t mean you shouldn’t take what action is available against them, several of the sites have returned at different domain names and, thanks to the publicity, are likely unaffected by the seizure from a traffic standpoint.

In short, the seizures, from my perspective, don’t seem to have done much more than cause concern, rile anger and highlight inequalities in the law. Though closing the domains for the counterfeit sites, the bulk of the closures, makes sense both from a trademark and from a consumer protection standpoint, the handful of copyright-closures don’t seem to have been worth the headache, especially considering the sites that were targeted.

Hopefully, if ICE does do another round of seizures in the future, which seems likely, it can learn from its mistakes and both better target its attacks and offer greater transparency. Otherwise, they aren’t making much of a statement as no one seems to be getting the message.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Pirate Bay Founders Lose Appeal Against Jail Sentences

First off today, three of the four founders of The Pirate Bay have lost their appeal and had their convictions for aiding in copyright infringement upheld. Though the three men, Fredrik Neij, Peter Sunde and Carl Lundstrom, had their sentences reduced from one year to 10, 8 and 4 months respectively, their total damages owed was increased to £4.1million. The fourth member of the group, Gottfrid Svartholm Warg, could not be tried due to illness and will be tried separately at a later date.

2: U.S. Government Seizes BitTorrent Search Engine Domain and More

Next up today, U.S. Immigrations and Customs Enforcement (ICE) has seized the domains of some 70+ sites that it says were either trading in copyrighted goods or counterfeit merchandise. The seizures come without any warning or court action, causing many to worry that the action violated due process. The seizures were also performed without the need for the Combating Online Infringement and Counterfeits Act, which would have created a court process for such seizures but died when Congress adjourned earlier this month. ICE has commented saying that this is an ongoing investigation, hinting that more seizures may be forthcoming.

3: Movie Studio Sues Struggling Screenwriter for £9.6million for Posting Scripts Online

Finally today, screenwriter and Long Island native Patricia ‘PJ’ McIlvaine has been sued by 20th Century Fox for her site, where she posted the scripts to various Hollywood movies in a bid to help other screenwriters see how the movies were made. Though most of the movies were classics, such as Aliens and Edward Scissorhands, at least one of the movies, Deadpool, was unreleased. Fox is suing for $15 million. Court papers list some 79 scripts with only Deadpool being unreleased.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

According to Free Range Content, the company behind the service, they had plans to rebrand the service but “accelerated” those efforts after the Libyan domain registrar, NIC.ly, which controls the .ly suffix, revoked the domain vb.ly from sex columnist Violet Blue and her partner Ben Metcalfe, who was using it as a “sex positive” URL shortener where users could post adult links, though didn’t have to.

According to those involved, the reason cited for the seizure was that the domain violated Libyan law, namely by showing a photo of Blue sitting with bare arms holding a beer bottle on the site’s front page. Other reports said that the “adult friendly nature of the site was the issue. As a representative from Nic.ly said to Blue:

“Now, had your domain merely been a URL shortener for general uses similar to bit.ly (as you claim) there would have been no problem with it. It is when you promote your site being solely for adult uses, or even state that you are ‘adult friendly’ to promote it that we as a Libyan Registry have an issue.”

However, at least some find it suspicious that the seizure comes mere months after Libya announced that it was closing off registration of .ly domains with fewer than four characters to anyone other than those with a presence in Libya. This is made more suspicious by the fact that vb.ly had been in operation for some 13 months, including one registration renewal, before it was shut down.

Metcalfe, in his blog post, said “I believe the .ly domains should be considered unsafe. Anyone running a business or relying on a website with a one, two or three-letter .ly domain should be incredibly cautious. This obviously includes anyone who uses bit.ly, 3.ly, owl.ly and any other similar url shortener.”

Clearly Free Range content agreed.

What remains to be seen is if other short .ly domains will follow suit and jump ship as well. In the meantime, all existing clp.ly clips and links will work and are simply being redirected to the new domain. However, the company does encourage users to recreate any clips they have on their site using the new domain. This is to ensure that, should anything happen to the clp.ly domain, their sites are unaffected.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Bill Would Give Justice Department Power to Shutter Piracy Sites Worldwide

First off today, a new bipartisan bill introduced into Congress seeks to give the Department of Justice the right to close sites it considers to be “pirates” via injunctions to be issued to either the domain’s registrar or the registry for the domain’s TLD, the latter of which are all U.S.-based. Once the injunction was issued, the site involved would return an error if anyone attempted to visit the domain. The act, entitled the Combating Online Infringement and Counterfeits Act, will likely have a rough road through Congress but is already being applauded by members of the copyright lobbies, including Bob Pisano, the chief executive of the Motion Picture Association of America.

2: iviTV Sues Major Media, Claiming Right To Internet TV

Next up today, iviTV, the “cable company” that hopes to stream live TV over the Internet for a monthly fee, all without rebroadcast rights, has sued several major media companies who had served the company with cease and desist letters recently. According to iviTV, as a cable company it doesn’t need republishing rights but, as an Internet-only company, it is not bound by the FCC and doesn’t have to pay the scheduled fees. According to iviTV, the lawsuit is a “a preemptive move to discourage needless litigation from big media.”

3: Stevie Wonder Lobbies UN Over Audiobooks for the Visually Impaired

Finally today, musician Stevie Wonder, in a speech to the World Intellectual Property Organization, pushed for called for unified rules to improve access to audiobooks and text-to-speech conversion of ebooks for the visually impaired. He also promised to come back and play a celebration concert if WIPO took appropriate action in the next twelve months but also threatened to “write a song about what you didn’t do” if they failed to do anything.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Eugene Driscoll is a journalist and horror movie-buff turned blogger that runs the Hollywood Chainsaw Blogger site. He made a very common mistake in that he let his domain name, which forwarded on to his blog, expire.

Whether intentionally or accidentally, many webmasters lose their domains. While some are purchased by other webmasters wanting to set up a new site, it is seemingly more common for them to be purchased by domain speculators who turn them into garbage domains with lots of advertising hoping to profit from residual traffic and/or resell it at a higher price.

However, Driscoll’s case was a bit unique. The purchaser of the domain, a Russian using a host in Germany, wasn’t content on merely getting the domain itself and also copied all of Discoll’s site, including all the content and the template, and set up a mirrored version of the blog at the domain.

At first glance, the two sites appeared to be the one and the same but the new domain version had made slight alterations to the layout, such as removing the blogroll and changing the content in the sidebars, mostly to remove unwanted links. The site had also inserted advertising not present in Driscoll’s site, turning it into a for-profit venture.

Though Driscoll’s story has a happy ending, I was able to secure closure of the site via my new DMCA takedown service (though the EDEC was used in this case), it serves as a warning to bloggers and webmasters everywhere, be careful to not let your domains expire as they can be used against you.

The Importance of Domains

Many new blogging services like Tumblr, Posterous and WordPress.com make it easy to integrate a domain into your site even though they really aren’t necessary. Many of these bloggers buy domains for their sites for convenience but get most of their traffic directly to their their username from other users of the service.

This may make it tempting to let those domains lapse when renewal time comes as the lack of traffic and use can make them a bad deal. However, where it might not have a great deal of value to you, it could be very valuable to someone else.

Not only do domains have residual traffic, but they also have residual links. The links that went to the domain don’t disappear and that means both the people who click them and the search engines that see them will continue to visit them. This gives the domain weight.

When most spammers get a hold of such previously used domains, they just upload garbage content and ads in hopes of riding that residual traffic. However, as Driscoll’s case shows, some are getting much more aggressive and are swiping the domain for the purpose of creating a duplicate site.

This is considerably more dangerous than regular spam blogging as the domain was previously associated with the site, is a TLD and has inbound links. This means that search engines, very likely, will give it higher ranking than the source, trusting it over the original.

Though this case is fairly unusual in my experience, most cases of expired domains being bought involve garbage content or wholly different sites, it is easy to see how this problem could grow to be more common.

But even if it doesn’t the fact at least a few spammers are trying it is a clear sign that webmasters need to be extra careful with their domains, even if they aren’t actively relying on them.

Avoiding Trouble

The obvious solution to this problem is to keep up on your domains but this can be difficult even for very careful webmasters. Contact information often gets old, especially when one owns many domains, and reminders to renew often don’t make it to their destination.

The best thing you can do is use one registrar for all of your domain purchases, if possible, and be sure to whitelist your registerar’s domain in your spam filters. This makes it so that you only have one set of contact information to maintain and you know all correspondence from them will not be sent to your spam folder.

If you have to let a domain expire and have some time to plan for it, point the domain away from your sites before it goes belly up and try to get those linking to it to change to the new URL. This will make the domain a less appealing target for spammers. However, if you have enough time to do that, you would likely be better off selling the domain yourself, and setting the terms of the sale while reaping some profit.

But even with every precaution taken, this is a very difficult mistake to avoid and one that many, many bloggers make (including myself at least twice). What’s changed is that, where once it was a fairly minor mistake, especially if the domain wasn’t in active use, now spammers are using it as an opportunity to try and completely replace the original site, using their own domain.

That should give most webmasters at least a brief pause to think and perhaps work on a new domain strategy.

Bottom Line

Sadly, there is no easy way around this one, we will all just have to be more careful with our domains moving forward. This case indicates that at least some spammers are getting more aggressive about buying expired domains and building them into replacement sites for the original.

If you use your domain as your primary URL, you probably don’t need me or anyone else telling you how important it is to hold on to it. However, if you use it as a secondary URL, such as many people on blogging network sites, the danger is less clear.

In the end, if you purchase a domain and connect it with your site, you need to protect it and make a commitment to it. In the wrong hands it could be a very powerful and dangerous tool to replace you and eradicate the position you’ve worked so hard for.

The days in which one can let domains come and go without consequence may very well be coming to an end.

So be careful with your domains and, if you do let one expire, watch it carefully to see what is done with it so you can respond if needed.

Special Thanks: This story was retold with the permission of Driscoll, thank you for letting me share the case to help warn others.