[free-sklyarov] adobe DMCA letters

[Karsten M. Self]

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 
> response. 
> 
> Sincerely, 
> 
> Bill Attinger, CEO 
> BayTSP 
> 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.

Peace.

-- 
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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