[free-sklyarov] adobe DMCA letters
Karsten M. Self
kmself at ix.netcom.com
Sat Dec 22 13:47:45 PST 2001
on Fri, Dec 21, 2001 at 10:44:59AM +0100, Tom (tom at lemuria.org) wrote:
> through channels I won't disclose, I learned about this interesting
> email that are sent to ISPs in the name of adobe:
> DMCA Letter
> Dear Sirs:
> Adobe Systems Inc. has authorized BayTSP.com to act as its agent for
> copyright infringement notification. The spidering of the peer-to-peer
> networks has detected infringement(s) originating from your customer's
> IP address, as detailed in the attached report.
> Therefore, this letter is an official notification under provisions of
> section 512(c) of the Digital Millennium Copyright Act to effect removal of
> the detected infringement(s) listed in the attached report and to have this
> customer refrain from trading our client's copyrighted works in the future.
> The Berne Convention for the Protection of Literary and Artistic Works, the
> Universal Copyright Convention, as well as bilateral treaties with other
> countries allow for protection of our client's copyrighted works even beyond
> US borders.
> The attached documentation specifies the IP address of the source of the
> infringement. The Bay File ID identifies the copyrighted works by title. We
> hereby demand that your customer immediately remove the offending material
> in an expeditious manner, as specified in the copyright laws, and refrain
> from infringing on our client's copyrighted materials in the future.
> BayTSP has a good faith belief that use of the material in the manner
> complained of in the attached report is not authorized by Adobe Systems
> Inc., its agent, or the law. The information provided herein is accurate
> to the best of our knowledge.
> BayTSP hereby swears under penalty of perjury that BayTSP is authorized to
> act on behalf of Adobe Systems Inc. for matters pertaining to notification
> of infringements of its exclusive rights in its copyrighted material.
> Please send us a prompt response indicating the actions you have taken to
> resolve this matter. Please reference BayTSP Notification ID in your
> Bill Attinger, CEO
> 3150 Almaden Expressway Suit 234
> San Jose, CA 95118
> (408) 979-7900
> DMCA at baytsp.com
> ----- End forwarded message -----
> interesting tidbits:
> - Adobe still believes strongly in the DMCA
> - they are still technically and otherwise incompetent (even the name of
> the peer-to-peer service was spelled wrong in the attached complaint)
> - they believe US law extends beyond US borders.
What's the nature of the works that Adobe is seeking infringement claims
on? Are these infringed works of Adobe (e.g.: software or publications
copyrighted by Adobe), or are there copies of, say, the AEBR in the wild
which Adobe's trying to take down WRT 512.
I continue to maintain that the 512 take-down safe-harbor provisions are
an unconstitutional usurption of judiciary powers by the legislature, in
that compliance with the law provides legal amnesty for ISPs.
Karsten M. Self <kmself at ix.netcom.com> http://kmself.home.netcom.com/
What part of "Gestalt" don't you understand? Home of the brave
http://gestalt-system.sourceforge.net/ Land of the free
We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org
Geek for Hire http://kmself.home.netcom.com/resume.html
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