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Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

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Re: Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

#41

Post by wyldfire »

amelius wrote: post #34
gabereiser wrote: post #6

This is why DMCA is broken. Too easy for false claims. It’s plagued the music industry, YouTube, and now free software.

Why is it that as citizens we are powerless against such clearly broken laws as DMCA? Can't we do something about the situation, declare it unconstitutional or something?

> declare it unconstitutional or something?

It's not obviously so - which articles/amendments do you think it violates? In any case, it's insufficient for us to declare it unconstitutional, that's for a judge to decide. In the absence of such a ruling, we can elect legislators to repeal it. But that seems terribly unlikely unless you can pose new legislation to take its place.

Re: Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

#42

Post by amelius »

wyldfire wrote: post #41
amelius wrote: post #34

Earlier quoted context omitted.

Why is it that as citizens we are powerless against such clearly broken laws as DMCA? Can't we do something about the situation, declare it unconstitutional or something?

> declare it unconstitutional or something? It's not obviously so - which articles/amendments do you think it violates? In any case, it's insufficient for us to declare it unconstitutional, that's for a judge to decide. In the absence of such a ruling, we can elect legislators to repeal it. But that seems terribly unlikely unless you can pose new legislation to take its place.

Isn't it against the principle of innocent unless proven guilty?

Also this law circumvents the court of law, which sounds like it could be in violation of some more foundational laws such as the constitution.

Finally the law puts control over free speech in the hands of corporations.

Re: Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

#43

Post by ProtoAES256 »

mijoharas wrote: post #25
fabbari wrote: post #19

Interesting tidbit: the hash they have for the infringed work it's the correct hash for ubuntu-20.04.2.0-desktop-amd64.iso [0] - this removes any good faith argument on their part. There is an infinitely small chance of collisions - but I would like them to produce a DMCA notice with the actual name of the infringed upon protected media, not just the hash. I believe Canonical should step in, since this is someone cla…

I was interested and also searched the hash ( 4ba4fbf7231a3a660e86892707d25c135533a16a ). I didn't see the second link you posted? and I can't find the hash by CTRL+F on the page when clicking the link? Am I missing something?

It's on the [0] link, with the line

4ba4fbf7231a3a660e86892707d25c135533a16a ubuntu-20.04.2.0-desktop-amd64.iso 2.67GiB 120 8 1 2.67GiB

Re: Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

#44

Post by arximboldi »

max_hammer wrote: post #23
durnygbur wrote: post #9

One doesn't know how stressful and infuriating these copyright notices are until one lived in a country with internet hijacked by copyright predators. From the moment of receiving such notice there is only stress, misinformation, and verbal abuse. Thanks Americans. PS. It doesn't matter you downloaded free software, every person you'll contact in the process of straightening this out will be equally clueless and abus…

In Germany, thier is a whole army of lawyers seeding copyrighted material on torrents to extract money

Yes! I find it so ironic, in a country that prides itself for it's stance for "privacy", that random predatory lawyers can just get from ISP's the personal details behind any IP address on the basis of potential IP infringement. It is really infuriating...

Re: Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

#45

Post by Mindwipe »

NmAmDa wrote: post #14

Is there a chance that someone take them to the court for this false claim?

No, you have to demonstrate that it is actually in bad faith rather than just a cock up, and that's not going to happen (especially given it very likely is just a cock up).

Re: Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

#47

Post by flyingfences »

optimalsolver wrote: post #15

Hmmm. Linux, and intellectual property. I should say my personal hobby is walking into libertarian communities, asking if there's such a thing as intellectual property, then walking out whistling.

You might be interested in reading Stephan Kinsella's Against Intellectual Property [0] for the libertarian take on the matter.

https://mises.org/library/against-intellectual-property-0

Re: Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

#48

Post by wyldfire »

amelius wrote: post #42
wyldfire wrote: post #41

Earlier quoted context omitted.

> declare it unconstitutional or something? It's not obviously so - which articles/amendments do you think it violates? In any case, it's insufficient for us to declare it unconstitutional, that's for a judge to decide. In the absence of such a ruling, we can elect legislators to repeal it. But that seems terribly unlikely unless you can pose new legislation to take its place.

Isn't it against the principle of innocent unless proven guilty? Also this law circumvents the court of law, which sounds like it could be in violation of some more foundational laws such as the constitution. Finally the law puts control over free speech in the hands of corporations.

That principle of jurisprudence is for criminal matters. The DMCA issues at hand are for civil issues: providing relief to a copyright holder against a potential infringer. The DMCA shields a provider like ISPs/Dropbox/Google/etc and compels them to take down content that a copyright holder claims is infringing (or provide counter-notice).

I'd suggest an improvement to the DMCA would be to hold copyright holders responsible for claims determined to be made in bad faith, or even just an "excessive" number of false claims.

Re: Online Antipiracy firm sending copyright notices for downloading Ubuntu ISO

#49

Post by zozbot234 »

Mindwipe wrote: post #45
NmAmDa wrote: post #14

Is there a chance that someone take them to the court for this false claim?

No, you have to demonstrate that it is actually in bad faith rather than just a cock up, and that's not going to happen (especially given it very likely is just a cock up).

They have to state under penalty of perjury that they're authorized to act on behalf of the owner of some relevant right. While that might not necessarily involve the right to the Ubuntu ISO itself (e.g. they might have pattern-matched something else that they're acting on behalf of) they do need some good cover story to avoid perjuring themselves.
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