3 Count: DMCA Oops

3 Count: DMCA Oops Image

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1: Damages Sought from Warner Bros. for Errant Copyright Demands

First off today, the Electronic Frontier Foundation (EFF) has filed a brief in the case that pits cyberlocker service Hotfile against Warner Brothers. Hotfile had sued Warner claiming that the company had abused Hotfile’s DMCA process to order the removal of content it doesn’t own. The EFF is asking the court to issue damages against Warner for its actions, saying that Warner “outsourced” the DMCA process to a computer and deprived legitimate users of access to their files. Meanwhile, Hotfile is also being sued by the Motion Picture Association of America, a trade group that includes Warner, over alleged copyright infringement.

2: Copyright Bill Creates a Legal Rift

Next up today, in Canada a group of attorneys are asking for the Canadian Bar Association (CBA) retract a submission made to Parliament over upcoming copyright legislation. The submission, which was meant to represent how attorneys in the country approach copyright, according to the dissident attorneys, does not represent the feelings of all lawyers in the country and was plagiarized from copyright attorney Michael Geist’s blog posts on the subject. The lawyers, many of whom work for the entertainment industry, want the submission retracted so it will not be considered as the Canadian government debates copyright reform.

3: Degban Hack Leads to Bogus DMCA Takedown Notices

Finally today, comedian, writer and Flickr user David Gorman was surprised when a photo he took was ordered offline by a DMCA takedown notice sent on behalf adult content provider Wasteland. Though he filed a counternotice to get the image restored, it appears that the notice was sent as the result of a hack of Wasteland’s DMCA service provider, Degban. According to Degban, their SMTP servers were violated and the attackers sent several notices on their behalf against legitimate targets. However, also according to Degban, much of the attack failed since the hackers couldn’t replicate their digital signatures and they have added additional layers of protection to prevent the attack from taking place again. There is no word if other Internet users were victimized.


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.

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