LinuxQuestions.org
Visit Jeremy's Blog.
Go Back   LinuxQuestions.org > Forums > Non-*NIX Forums > General
User Name
Password
General This forum is for non-technical general discussion which can include both Linux and non-Linux topics. Have fun!

Notices


Reply
  Search this Thread
Old 07-11-2012, 10:29 PM   #1
towheedm
Member
 
Registered: Sep 2011
Location: Trinidad & Tobago
Distribution: Debian Stretch
Posts: 612

Rep: Reputation: 125Reputation: 125
What are your thoughts on this 'alleged' copyright violation by my GRUB Theming Guide


A little history first. I've released 3 editions of my GRUB2 Theming Guide over the last two years or so. This all started with my personal desire to create GRUB2 themes since GRUB2 supported themes but there were none or probably just one or two available. After much research and careful perusal of the GFXMENU code in GRUB, I was finally able to get the theme format right and successfully converted an original GFXMENU theme from gibibit.com to the new theme format.

I decided to share this information and created the first edition of my GRUB2 Theming Guide. The download was hosted by Mediafire.com and the link was posted in this thread on the ubuntuforums:http://ubuntuforums.org/showthread.php?t=1534689

Later on, as GRUB2 evolved and certain elements/formats of the theme changed, I released the second edition of the guide. But bacause Mediafire.com did not allow for the updating of the contents of an existing link, I moved the download to 4shared.com where the 2nd edition was hosted for download.

The third edition of the guide was renamed 'The Definitive Guide to Theming GRUB2' and was released earlier this year. The download link is in my sigs. At this point, I created a new post on both the Debian and Fedora forums and posted the link there also.

Unfortunately, because of a problem with the Fedora forums and the link in the 4shared site (apparently, 4shared changed their policy and requires a registration before you can D'L anything from there), I moved the download to the one in my sigs.

I updated the link on 4shared but left it for those who may already be familiar with it.

And now, on to the problem at hand. In May, I received an e-mail from 4shared.com claiming that my works had infringed on someone else's copyright. This is the body of the e-mail:
Quote:
Dear Sir/Madam,

We have received a notification that certain materials you posted on the 4Shared website as described below infringe upon someone else’s copyright:

http://www.4shared.com/file/lFCl6wxL/grub_guidetar.html

Access to the material complained of has been temporarily disabled or such material has been removed. In addition, the public sharing function for your account has been disabled. For instructions on how to dispute the copyright infringement claim, please read the section titled Counter Notification Requirements below. For instructions on how to re-activate your sharing function, read the section titled Re-activation of the sharing function of your account at the end of this letter.

In accordance with 4shared’s Copyright Policy, to which you are bound by virtue of agreeing to our Terms of Use, your account will be terminated and your access to 4shared services permanently banned following three instances of copyright infringement. Unless you respond by counter notification and successfully dispute the copyright owner’s claim, this will be considered your FIRST instance of infringement under the three-strike policy.

Counter Notification Requirements
If you do not believe that such materials are infringing and wish to have access restored, please provide a counter notification containing the following information to 4Shared Designated Agent for Notice of Claims of Copyright Infringement (“Designated Agent”) as set forth below:
1) Identify the material that was removed or disabled, and the location where it appeared before it was removed or disabled;
2) Declare under penalty of perjury that you have a good faith belief that the material at issue was removed or disabled as a result of either mistake or misidentification of the material to be removed or disabled;
3) Provide your name, address, and telephone number;
4) Provide a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which 4Shared may be found, and that you will accept service of process from the person who provided the notification or an agent of such person.
5) Provide your physical or electronic signature.

Such counter notification must be sent via e-mail to our Designated Agent at dmca_agent@4Shared.com.

Alternatively, you may send the counter notification to our Designated Agent using the contact information below:

Name of Designated Agent: Ganka Hadjipetrova
Address of Designated Agent: 745 Distel Dr., Ste. 110, Los Altos, CA 94022
Facsimile Number of Designated Agent: (650) 433-5471
If we receive a proper counter notice, then we may replace or cease disabling access to the allegedly infringing materials in ten business days in accordance with the provisions of the DMCA, unless our Designated Agent first receives notice that an action has been filed by the complainant seeking a court order to restrain the account holder from engaging in infringing activity relating to the material on our system or network.

You should also note that if you make any material misrepresentation in your counter notification that the material or activity was removed or disabled by mistake or misidentification, you will be liable for all damages, including costs and attorneys’ fees, incurred by 4Shared or any copyright owner or copyright owner’s authorized licensee as the result of our relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
In the event you provide us with counter notification compliant with all requirements described above and the rights owner does not pursue the infringement claim further, 4shared will remove this instance of copyright infringement from your record and will not consider the take-down notice for purposes of the three-strike repeat infringer termination policy. If we receive a compliant counter notification, we will also re-activate your account’s sharing capability. Note that regardless of whether or not you challenge the infringement claim via a counter notification, 4shared will keep the take-down notification for its records.

Re-Activation of the Sharing Function of Your Account
Note that if you send us a counter notification fulfilling all requirements described above, your account’s sharing functionality will be re-activated.
In case you do not challenge the take-down notification, you may still be able to re-activate the sharing function of your account. To do that, you must remove all copyrighted content for which you do not hold author’s rights and do not otherwise have authorization to use. Once you have removed all unauthorized materials from your account, you must declare under penalty of perjury that your account does not contain infringing files here. Take note that you will still have access to your files if you do not verify your account is infringement free, but you will not be able to share them publicly.

Thank you.
Sincerely,
4shared Support Team
support@4shared.com
Well, as you can see from the e-mail, the person claiming copyright violation was not given. However, clicking on the link at the start of the e-mail, showed that the infrigement was being claimed by someone called 'Fox France'. A google search only produced Fox France as the movie company FOX based in France.

Some of the info requested, really looked like they were interested in identity theft. I wrote to 4shared requesting confirmation of the e-mail but to date never received any reply. Well, I eventually deleted all of my files on 4shared and put the e-mail as spam.

Just when I thought it was all over, I received and e-mail from Mediafire.com, again with alleged copyright infringement. They however, included the name of the party claiming infringement. This is the e-mail:
Quote:
The file "grub_theming.pdf Please download 2nd edition at http://www.4shared.com/file/lFCl6wxL/grub_guidetar.html" has been suspended

Dear MediaFire User:

MediaFire has received notification under the provisions of the Digital Millennium Copyright Act ("DMCA") that your usage of a file is allegedly infringing on the file creator's copyright protection.
The file named grub_theming.pdf Please download 2nd edition at http://www.4shared.com/file/lFCl6wxL/grub_guidetar.html is identified by the key (amub1vfdyfhj7v2).
As a result of this notice, pursuant to Section 512(c)(1)(C) of the DMCA, we have suspended access to the file.
The reason for suspension was:
BDM user "lachandra" says: Hello, My Name is Hervé Lemaire , CEO of LeakID, I am legal representative of De Tauriac which does business under the name Citel Video, Authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You are hereby given notice valid under the DMCA copyright infringement notification requirements, 17 U.S.C.512. I am the designated agent of the owner of the copyrights of the images and audio/visual works listed below. I believe that the images and audio/visual works listed at the times cited below are being copied and distributed in a manner that has been not authorized by the owner of the copyrights, its agent or the law. All link below containing pirated versions of De Tauriac copyrighted works. The information in the notice is accurate, under penalty of perjury. Please remove all linksAs soon as possible, we will check them everyday. Thanks to inform us ab out your actions. We appreciate your efforts toward this common goal. Very truly yours, Hervé Lemaire Leakid 15 bis rue de chateaudun 92250 La garenne colombes France 0033698211000 Contact De Tauriac 15-27 rue moussorgski 75018 paris Naruto shippuden

[ Over 1000 links deleted. See the attached list.txt file for them. Learning sed realy paid off here. ]
Information about the party that filed the report:
Company Name: LeakID
Contact Address: 15 bis rue de chateaudun, 02250 La garenne colombes, France
Contact Name: Hervé Lemaire
Contact Phone:
Contact Email: herve.lemaire@leakid.com

Copyright infringement violates MediaFire's Terms of Service. MediaFire accounts that experience multiple incidents of alleged copyright infringement without viable counterclaims may be terminated.
If you feel this suspension was in error, please submit a counterclaim by following the process below.
Step 1. Click on the following link to open the counterclaim webpage.
[link deleted]
Step 2. Use this PIN on the counterclaim webpage to begin the process:
[pin deleted]
Step 3. Fill in the fields on the counterclaim form with as much detail as possible.
I did file a counter-claim but to date no response.

Well this violation has really been bugging me. Looking at the links in the e-mail, they all point to websites concerning the Naruto anime series.

If you look at the guide, the only graphics are those used for the demo theme, which I got permission to use from Colin D. Bennett, the original author of the GFXMENU theming engine for GRUB2 (gibibit.com).

The other graphic elements used as icons in the document were downloaded from various websites two years ago. I certainly canot recall those, but I an pretty sure they were all free to use. The only other image, the city-nights.jpg image was downloaded from :http://www.wallpaperlinux.com/v/Back...geViewsIndex=1

Since I've not received any response to my counter-claim from Mediafire.com, I've decided to e-mail the CEO of LeakID, the person alleging the violation, requesting clarification on the material that violates his client's copyright. Here a draft of the e-mail I plan to send:
Quote:
Dear Mr. Lemaire

I recently received a notice from MediaFire that my document (grub_theming.pdf Please download 2nd edition at http://www.4shared.com/file/lFCl6wxL/grub_guidetar.html) was suspended because of an alledged copyright infringement by you on behalf of your client Citel Video. I have included the body of the notification sent for your easy perusal:
[body of e-mail from mediafire left out for this post]
I have also included the PDF document comprising the bulk of the above-mentioned link by MediaFire together with several images included in the above-mentioned link.

From what I can tell, all of the above links points to the Naruto anime series, none of which are included in my document.

I am confused as to what the copyright violation(s) are, and as such, would greatly appreciate it if you would point out these violations from the PDF document and/or image files included.

As soon as you've replied, I'll endeavor my best to remove all of the material(s) that violates your client's copyright.

I thank you for your assistance in this matter.
Well I'm not much of a legal mind so I'd really appreciate some feedback on what I should do at this point.

Should I send the e-mail to LeakID, should I include my name at the bottom of the e-mail?

Please, any suggestions would be greatly appreciated. I would like to do a 4th edition of the guide to cover the newly released GRUB v2.00 but cannot proceed with this until this matter is fully rectified.

Thank you.
Attached Files
File Type: txt list.txt (59.0 KB, 16 views)

Last edited by towheedm; 07-11-2012 at 10:30 PM.
 
Old 07-12-2012, 03:07 AM   #2
Pastychomper
Member
 
Registered: Sep 2011
Location: Scotland
Distribution: Android
Posts: 104

Rep: Reputation: 160Reputation: 160
I'm no great legal seagull either, but I think your draft is reasonable and I'd be inclined to send it off sooner rather than later, probably including your name. The only change I'd consider making is a pedantic one: As I first read it, the phrase "...was suspended because of an alledged copyright infringement by you..." sounded like it was Mr. Lemaire who had made the infringement, though from the context that's clearly not what you mean. Maybe "...was suspended at your request because of an alleged copyright infringement..." would be clearer?


Whatever happens with this, I hope you go ahead with the forth edition. I can't gunzip it here at w*rk, but I've been looking into Grub theming lately so I'll take a look at your guide when I can. If the only problem is the images, can you replace them all with pictures from Open Clip-art, or ones you've personally drawn in Inkscape or clipped from photos you've taken?
 
Old 07-12-2012, 03:58 AM   #3
unSpawn
Moderator
 
Registered: May 2001
Posts: 29,406
Blog Entries: 55

Rep: Reputation: 3578Reputation: 3578Reputation: 3578Reputation: 3578Reputation: 3578Reputation: 3578Reputation: 3578Reputation: 3578Reputation: 3578Reputation: 3578Reputation: 3578
Quote:
Originally Posted by towheedm View Post
If you look at the guide, the only graphics are those used for the demo theme, which I got permission to use from Colin D. Bennett, the original author of the GFXMENU theming engine for GRUB2
Then it would be good (claim avoidance) to explicitly state that in your guide.


Quote:
Originally Posted by towheedm View Post
The other graphic elements used as icons in the document were downloaded from various websites two years ago. I certainly canot recall those, but I an pretty sure they were all free to use.
No such thing as "pretty sure": ownership, copyright and licensing are either defined or undefined. Again, to avoid claims or to be able to easily dismiss them in the future, it would be good to ensure you are able to use resources created by others and if required by the author list the source address and license. (Sure this may be a b*tch to do but that is not the point.)


Quote:
Originally Posted by towheedm View Post
The only other image, the city-nights.jpg image was downloaded from http://www.wallpaperlinux.com/v/Back...
Again, ensure.


Quote:
Originally Posted by towheedm View Post
I would like to do a 4th edition of the guide to cover the newly released GRUB v2.00 but cannot proceed with this until this matter is fully rectified.
Yes you can: you can create a LQ Wiki page or use your LQ web log or register your project (after all that's essentially what it is) with Sourceforge, Nongnu, Berlioz or other hosts and get free hosting there.


Finally I'm not a lawyer but as for the take-downs it's clearly a misfire. Do let the eff.org and fsf.org know.
 
Old 07-12-2012, 04:28 AM   #4
k3lt01
Senior Member
 
Registered: Feb 2011
Location: Australia
Distribution: Debian Wheezy, Jessie, Sid/Experimental, playing with LFS.
Posts: 2,900

Rep: Reputation: 637Reputation: 637Reputation: 637Reputation: 637Reputation: 637Reputation: 637
A couple of things come to mind, some of which UnSpawn has already mentioned.

When you write anything that uses someone else's material always give credit where it is due (in other words always) and give links or references to where you got it from. Also specifically state if you have been given permission or not from the owner of said materials and if you do have permission make sure you keep a copy (not just in your email account either).

I'd be cautious about what you actually write in the letter to the claimant. You don't want to be feeding their claim against you. Do not say
Quote:
From what I can tell, all of the above links points to the Naruto anime series, none of which are included in my document.
because you want them to specify what the actual issue is not what you think it isn't. I would mention your file, and mediafire etc but the email from Mediafire to you is none of their business and as such I would not send in the email to the claimant, nor would I be attaching any PDFs or anythign else. Certainly ask them to clarify the issue and ask them to be specific. Don't give them anything in your letter to suggest you may, or may not, have an idea what the problem is.
 
Old 07-12-2012, 08:48 AM   #5
dugan
LQ Guru
 
Registered: Nov 2003
Location: Canada
Distribution: Slackware
Posts: 8,956

Rep: Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844
First, don't send the response to LeakID.

Second, The URL to your guide is not listed in the list of copyright violations. This should by the keystone of your response to Mediafire.

Third, this takedown request is so clearly a mistake that we can say that without using the IANAL disclaimer. My guess is that there was a hash collision that caused your Grub Theming Guide to look identical (to MediaFire) to one of those 10000 files. I would not contact LeakID at all. I don't think this actually has anything to do with them. Instead, I would just let MediaFire know of their mistake. I would also find new hosting.

Fourth, as for hosting, have you already looked at using UbuntuOne? Dropbox? Or OpenShift, which is free, has Redhat backing, and is good for hosting Wordpress sites?

Fifth, do not contact someone who introduces himself with "I am the legal representative of..." unless you have a lawyer of your own.

Last edited by dugan; 07-12-2012 at 11:13 AM.
 
Old 07-13-2012, 12:56 AM   #6
towheedm
Member
 
Registered: Sep 2011
Location: Trinidad & Tobago
Distribution: Debian Stretch
Posts: 612

Original Poster
Rep: Reputation: 125Reputation: 125
Thank you all for your responses.

Quote:
Originally Posted by Pastychomper View Post
The only change I'd consider making is a pedantic one: As I first read it, the phrase "...was suspended because of an alledged copyright infringement by you..." sounded like it was Mr. Lemaire who had made the infringement, though from the context that's clearly not what you mean. Maybe "...was suspended at your request because of an alleged copyright infringement..." would be clearer?
Yes, agreed.
Quote:
Originally Posted by Pastychomper View Post
I've been looking into Grub theming lately so I'll take a look at your guide when I can.
Slightly off-topic, but you may find some nice themes here:http://ubuntuforums.org/showthread.php?t=1823915

Quote:
Originally Posted by Pastychomper View Post
If the only problem is the images, can you replace them all with pictures from Open Clip-art, or ones you've personally drawn in Inkscape or clipped from photos you've taken?
Since I'm not artistic by nature, I'll have a look at the Open Clipart site or other sites, this time keeping notes of their policies with regard to usage.

Quote:
Originally Posted by unSpawn View Post
Then it would be good (claim avoidance) to explicitly state that in your guide.
This refers to Mr Bennett's permission to use his themes. Extracted from his e-mail:
Quote:
Hello Towheed Mohammed,

Please feel free to use my example themes however you wish. All my GRUB work is licensed under the GPL (I must mention that the "winter" theme contains a background image I found on the web somewhere but I
could not contact the author.)
Note that the winter theme mentioned is not included and/or referenced in the guide.
I take your point on 'claim avoidance' and will certainly implement it in my next edit.

Quote:
Originally Posted by unSpawn View Post
Finally I'm not a lawyer but as for the take-downs it's clearly a misfire. Do let the eff.org and fsf.org know.
What should I let them know? Is this something that they should be aware of?

Quote:
Originally Posted by dugan View Post
First, don't send the response to LeakID.
I only decided to contact them because they are the ones claiming the infringement and then only because Mediafire has not since responded to my counter-claim.

Quote:
Originally Posted by dugan View Post
Second, The URL to your guide is not listed in the list of copyright violations. This should by the keystone of your response to Mediafire.
And indeed it was.

Quote:
Originally Posted by dugan View Post
My guess is that there was a hash collision that caused your Grub Theming Guide to look identical (to MediaFire) to one of those 10000 files.
I would have thought so if only it happened on Mediafire. As I stated, it first happened on 4shared.com.

Quote:
Originally Posted by dugan View Post
I would not contact LeakID at all. I don't think this actually has anything to do with them. Instead, I would just let MediaFire know of their mistake.
And what if Mediafire refuses to acknowledge any request? Wouldn't contacting LeakID requesting clarification be the next logical step?

Quote:
Originally Posted by dugan View Post
Fourth, as for hosting, have you already looked at using UbuntuOne? Dropbox? Or OpenShift, which is free, has Redhat backing, and is good for hosting Wordpress sites?
Yes, the file is now hosted from my UbuntuOne account. This is the one pointed to by the link in my sigs.

Quote:
Originally Posted by k3lt01 View Post
I'd be cautious about what you actually write in the letter to the claimant. You don't want to be feeding their claim against you. Do not say because you want them to specify what the actual issue is not what you think it isn't. I would mention your file, and mediafire etc but the email from Mediafire to you is none of their business and as such I would not send in the email to the claimant, nor would I be attaching any PDFs or anythign else. Certainly ask them to clarify the issue and ask them to be specific. Don't give them anything in your letter to suggest you may, or may not, have an idea what the problem is.
Something like: Please be specific on how the file in question infringes on your client's copyright. Would something along these lines more appropriate?

Again, thanks for the responses.
 
Old 07-13-2012, 02:29 AM   #7
k3lt01
Senior Member
 
Registered: Feb 2011
Location: Australia
Distribution: Debian Wheezy, Jessie, Sid/Experimental, playing with LFS.
Posts: 2,900

Rep: Reputation: 637Reputation: 637Reputation: 637Reputation: 637Reputation: 637Reputation: 637
It does seem strange to me that they have slapped you with this infrigdement on two separate occasions on two separate file sharing sites. it is only because of this I think it may be a genuine complaint. However I still recommend caution with dealing with the complainant. They may be chasing down anything with themes (just an example).
Quote:
Originally Posted by towheedm View Post
Something like: Please be specific on how the file in question infringes on your client's copyright. Would something along these lines more appropriate?
Yes something like that but the sentence above sounds clumsy, sorry. It is at this point I'd be following UnSpawns advice and contacting the FSF etc and asking them for advice.
 
Old 07-13-2012, 08:45 AM   #8
towheedm
Member
 
Registered: Sep 2011
Location: Trinidad & Tobago
Distribution: Debian Stretch
Posts: 612

Original Poster
Rep: Reputation: 125Reputation: 125
Thanks for the advice. I'll look into contacting the FSF and EFF, but I'm still wondering if this is something that they will want to get involved with.

No need to apologize for the clumsy sentence, it will be dealt with if I have no choice but to go that route.

Last edited by towheedm; 07-13-2012 at 08:47 AM.
 
Old 07-13-2012, 08:58 AM   #9
dugan
LQ Guru
 
Registered: Nov 2003
Location: Canada
Distribution: Slackware
Posts: 8,956

Rep: Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844
Quote:
Originally Posted by towheedm View Post
And what if Mediafire refuses to acknowledge any request? Wouldn't contacting LeakID requesting clarification be the next logical step?
Absolutely not. You should only contact LeakID if they contact you directly (and if they do, you have a much more serious problem). You have looked their website and you know what they are, right? Their issue was with Mediafire, not with you. I would think that trying to change that would be a very bad idea.

If Mediafire refuses to acknowledge the request, then the next logical step is to drop it and forget about them.

And if you really want to talk to "the legal representative of Citel Video", common sense says that you need to do so through a lawyer of your own.

Last edited by dugan; 07-13-2012 at 09:19 AM.
 
Old 07-13-2012, 09:21 AM   #10
sundialsvcs
LQ Guru
 
Registered: Feb 2004
Location: SE Tennessee, USA
Distribution: Gentoo, LFS
Posts: 9,078
Blog Entries: 4

Rep: Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175
If someone is openly accusing you of a copyright violation, you probably should spend at least a few hours' billable time with a qualified attorney who "honestly (?? ... hey, is that possible for a lawyer? ) ... knows about" intellectual property law.

Unfortunately, the DMCA is a really crappy piece of legislation. No one really knows what it means, including judges who are trying to sort it all out, and of course site-owners who are trying to stay in business. You need someone who has made it their business to keep their fingers on the pulse of, not only what the legislative document says, but what courts in various jurisdictions have begun to make of it.

Ask someone who really knows, and be willing to pay them (as a matter of course) for their expertise, just as you rightly expect to be paid for yours.

Last edited by sundialsvcs; 07-13-2012 at 09:23 AM.
 
Old 07-13-2012, 09:25 AM   #11
dugan
LQ Guru
 
Registered: Nov 2003
Location: Canada
Distribution: Slackware
Posts: 8,956

Rep: Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844Reputation: 3844
Here's the story of someone who successfully challenged a wrongful DMCA takedown notice (there are thousands of them):

http://www.techdirt.com/articles/201...venience.shtml

Last edited by dugan; 07-13-2012 at 09:34 AM.
 
Old 07-20-2012, 09:52 PM   #12
towheedm
Member
 
Registered: Sep 2011
Location: Trinidad & Tobago
Distribution: Debian Stretch
Posts: 612

Original Poster
Rep: Reputation: 125Reputation: 125
Well, for the last week or so, I've been tracking down the download sites for the images and icons used in the guide. I've been able to find the download sites for the images used in the guide including some of the distributions icons.

I did in fact find one of the icon that violated the owner's license. The image was used as the recovery icon and was included in the icons directory. This file and all references to it in the guide have been removed from the download link. The offending icon was downloaded from http://www.iconspedia.com/icon/first-aid-13433.html. I think my mistake here was not reading the http://www.iconspedia.com/dload.php?up_id=72179 PDF file, which stipulated that the file should not be distributed. However, I could not find any relation between this image and the teardown notices.

So now I'm still verifying the terms of use of ALL of the icons included in the icons directory. I know for sure that the license for the use of the Mandriva icon was not clear at all, but the official Mandriva icon was never used.

Again, the initial teardown notice from 4shared.com was from someone calling themselves FOX France. Mandriva is based in France. Are the two related? I have no idea.
 
Old 07-23-2012, 11:52 AM   #13
sundialsvcs
LQ Guru
 
Registered: Feb 2004
Location: SE Tennessee, USA
Distribution: Gentoo, LFS
Posts: 9,078
Blog Entries: 4

Rep: Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175Reputation: 3175
Talk to someone in your country who actually knows how to properly advise you. The reality of copyright laws these days is that suppliers of publishing-space have to cover their backsides at all cost. Yes, this is "cover your butt" with the effective repression of speech. They're not going to take the time to "investigate" anything. "I'm keeping my nose clean here, and as for you, good luck." And I honestly don't think that a consensus of opinions on a blog like this one is going to give you the course-of-action information that you are looking for.

Most likely, you will simply need to "sanitize" the information and be able to show due-diligence that you did so, then publish the thing somewhere else. Be certain to formally register for and secure copyright, and then declare that copyright correctly, according to the laws of your country. But ... let an actual attorney be the one to say that and to give you a letter saying that. I've had attorney friends do such courtesies (in "tempest in a tea pot" situations, like this one, that really don't seem to warrant much time and attention) for the "price" of a good cappuccino.

And this really is such a "tempest," keep it in perspective. Someone out there whacked the knee; the knee jerked; and here you are. Not actually "accused" of anything and not actually "guilty" of anything, but, the knee jerked anyway, and here you are now, anyway. Your goal is to find an expedient but legally-defensible way to get around this obstacle, cheaply.

Last edited by sundialsvcs; 07-23-2012 at 11:57 AM.
 
Old 08-07-2012, 01:35 AM   #14
JohnPeterson
LQ Newbie
 
Registered: Aug 2012
Posts: 1

Rep: Reputation: Disabled
I've also received a DMCA Section 512(g)(3) notification of claimed infringement from this party regarding a GNU GPL licensed file. I'm posting the DMCA notification and counterclaim for your information.

The notification in .eml format.

The counterclaim

Quote:
Dear MediaFire

This letter is a DMCA counterclaim pursuant to DMCA Section 512(g)(3).

The DMCA notification of claimed infringement pursuant to Section 512(c)(1)(C) that this counterclaim respond to is invalid because it fails to

• `(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

The notification does not contain any reference to the copyrighted work claimed to have been infringed.

• `(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

The copyrighted work is not adequately identified by a link to the file so that the receiver of the notification can identify the file.

Although I can't identify the suspended file with precision the name indicates that it's a build of a GNU GPL v2 software contained in a public repository at http://code.google.com/r/jpeterson57-dolphin/. This is a version of a widely circulated software and should be free of copyright infringements.

I ask that you restore the file and don't send me invalid DMCA notifications of claimed infringement.

I further offer these suggestions to you

• Don't send me a notification of claimed infringement that doesn't contain a link to the file in question.

The infringing file is only identified by name, and not by its link. Please state the link to the file so that I can understand which file that is referred to. Also please include a checksum of the file to assist file identification.

• State more clearly what work that is claimed to be infringed.

The letter state "De Tauriac which does business under the name Citel Video" and "De Tauriac copyrighted works". But not what work.

I require an explanation of the meaning of "identified by the key (zb1x1at8937onsx)" before I can suggest why this file is identified by this key.

• Screen the notifications of claimed infringement before sending it to me so that I don't receive notifications that lack proper lettering and paragraphing.

The existence of erroneous letters, for example "é" in "Hervé Lemaire", possibly from a failure in character set specification, and a lack of paragraphing put the seriousness of the notification in questions.

Thanks!

Last edited by JohnPeterson; 08-07-2012 at 01:54 AM.
 
  


Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off



Similar Threads
Thread Thread Starter Forum Replies Last Post
LXer: Question Copyright's "Minute Memes" challenge copyright rhetoric LXer Syndicated Linux News 0 01-19-2010 05:00 AM
Regarding copyright violation CoderMan Programming 3 03-12-2009 07:22 PM
LXer: [Video] Why Copyright? Canadian Voices on Copyright Law LXer Syndicated Linux News 0 12-04-2008 05:00 PM
LXer: Alleged Israeli GPL violation settled out of court LXer Syndicated Linux News 0 10-28-2008 10:00 AM
LXer: Alleged GPL violation spurs accusations, lawsuit LXer Syndicated Linux News 0 09-14-2006 09:33 PM

LinuxQuestions.org > Forums > Non-*NIX Forums > General

All times are GMT -5. The time now is 07:15 AM.

Main Menu
Advertisement
My LQ
Write for LQ
LinuxQuestions.org is looking for people interested in writing Editorials, Articles, Reviews, and more. If you'd like to contribute content, let us know.
Main Menu
Syndicate
RSS1  Latest Threads
RSS1  LQ News
Twitter: @linuxquestions
Facebook: linuxquestions Google+: linuxquestions
Open Source Consulting | Domain Registration