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WhatsApp issued takedown against alternative clients a week before acquisition

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Re: WhatsApp issued takedown against alternative clients a week before acquisition

#11
post #5

> This continues to cause significant harm to WhatsApp. $16bn says otherwise.

Maybe libraries/clients would impact WhatsApp's ability to rework their backend to use FB infra now that they've been acquired?

But they are third party libraries; WhatsApp has no obligation for backwards compatibility.

Re: WhatsApp issued takedown against alternative clients a week before acquisition

#12

With the poor, let's say terrible, security posture WhatsApp always had, this is really not the way to communicate the message that they care and want their software to be scrutinized. Open implementations are a great help to any reverse engineer trying to figure out the mess that is their protocol. This is exactly what triggers full disclosure.

You know what was pathetic? With all its security and authentication loopholes people still used it. I gave it up for time but friends still won't listen and then I had to come back. Now, Facebook is sth I can't tolerate. At least earlier I didn't run the visible risk of my very intimate messages falling into advertisers' hands.

Re: WhatsApp issued takedown against alternative clients a week before acquisition

#13

Interesting. Trademark law is probably pretty strong against repositories named "WhatsApp" or something very similar. Using the logo without permission as well. Describing a project as "working with WhatsApp" would probably not be an actionable trademark infringement. Code that works with the WhatsApp API is almost certainly not "infringing", unless there's some "encryption" going on. Unfortunately the DMCA takedown…

That said, this complaint doesn't appear to me to be explicit enough to meet with GitHub's takedown policy (https://help.github.com/articles/dmca-takedown-policy), which requires "Identify the copyrighted work you believe has been infringed. The specificity of your identification may depend on the nature of the work you believe has been infringed, but may include things like a link to a web page or a specific post (as opposed to a link to a general site URL)." But the complaint itself, besides mentioning trademarks and the WhatsApp name, only says "unauthorized use of WhatsApp APIs, software, and/or services". But the existence of code that can use the WhatsApp API is not the same as actually using WhatsApp's services in an unauthorized manner, so I think this is ripe for some pushback.

WhatsApp can easily enough restrict API access to its own clients if it chooses to do so, which is a far better solution than trying to shut down what's apparently an easy library to write.

Re: WhatsApp issued takedown against alternative clients a week before acquisition

#14

Interesting. Trademark law is probably pretty strong against repositories named "WhatsApp" or something very similar. Using the logo without permission as well. Describing a project as "working with WhatsApp" would probably not be an actionable trademark infringement. Code that works with the WhatsApp API is almost certainly not "infringing", unless there's some "encryption" going on. Unfortunately the DMCA takedown…

> Interesting. Trademark law is probably pretty strong against repositories named "WhatsApp" or something very similar. Using the logo without permission as well.

They probably fall under nominative use, which is an affirmative fair use defense. Describing an API or implementation of XYZ as a "Webclient for XYZ" should be fine.

Re: WhatsApp issued takedown against alternative clients a week before acquisition

#15

With the poor, let's say terrible, security posture WhatsApp always had, this is really not the way to communicate the message that they care and want their software to be scrutinized. Open implementations are a great help to any reverse engineer trying to figure out the mess that is their protocol. This is exactly what triggers full disclosure.

"this is really not the way to communicate the message that they ... want their software to be scrutinized"

To be fair, isn't the case for most proprietary software - even for the most security-concerned closed-source companies?

No one at WhatsApp has ever warrented that their software is open source, that they want to produce open source or that they share open source values.

Re: WhatsApp issued takedown against alternative clients a week before acquisition

#16
post #14

Interesting. Trademark law is probably pretty strong against repositories named "WhatsApp" or something very similar. Using the logo without permission as well. Describing a project as "working with WhatsApp" would probably not be an actionable trademark infringement. Code that works with the WhatsApp API is almost certainly not "infringing", unless there's some "encryption" going on. Unfortunately the DMCA takedown…

> Interesting. Trademark law is probably pretty strong against repositories named "WhatsApp" or something very similar. Using the logo without permission as well. They probably fall under nominative use, which is an affirmative fair use defense. Describing an API or implementation of XYZ as a "Webclient for XYZ" should be fine.

Agreed. It's not as if there aren't a zillion other Github repositories using trademarks in their names. Consumers of open source will generally understand the distinction between official libraries and third-party-developed libraries, and if trademark law is reasonable (IANAL), it should accept even "whatsapp" repos as fair use since no "reasonable person" would be confused. But it requires someone willing to fight Facebook, I guess.

Re: WhatsApp issued takedown against alternative clients a week before acquisition

#17
I wouldn't read too much into this. As part of their purchase agreement WhatsApp likely needed to say that they had been diligent in maintaining and defending their copyrights and trademark. That's pretty standard in a financing, so I'd imagine it's a standard part of M&A deals. It probably turned up during due diligence that they had some "cleanup" to take care of in order to not be lying when they made that representation.

Re: WhatsApp issued takedown against alternative clients a week before acquisition

#18
post #15

With the poor, let's say terrible, security posture WhatsApp always had, this is really not the way to communicate the message that they care and want their software to be scrutinized. Open implementations are a great help to any reverse engineer trying to figure out the mess that is their protocol. This is exactly what triggers full disclosure.

"this is really not the way to communicate the message that they ... want their software to be scrutinized" To be fair, isn't the case for most proprietary software - even for the most security-concerned closed-source companies? No one at WhatsApp has ever warrented that their software is open source, that they want to produce open source or that they share open source values.

As I understand it they've contributed a lot back to the erlang platform itself. It's their particular system that they want to keep proprietary.

Re: WhatsApp issued takedown against alternative clients a week before acquisition

#20
post #15

With the poor, let's say terrible, security posture WhatsApp always had, this is really not the way to communicate the message that they care and want their software to be scrutinized. Open implementations are a great help to any reverse engineer trying to figure out the mess that is their protocol. This is exactly what triggers full disclosure.

"this is really not the way to communicate the message that they ... want their software to be scrutinized" To be fair, isn't the case for most proprietary software - even for the most security-concerned closed-source companies? No one at WhatsApp has ever warrented that their software is open source, that they want to produce open source or that they share open source values.

"isn't the case for most proprietary software - even for the most security-concerned closed-source companies"

Frequently, and it is an attitude I really dislike.

A serious dedicated attacker can replicate the reversing work quite fast, but this kind of things make it really hard to dedicate a couple of hors to assessing the quality of a protocol.

Moreover, they demonstrated not to be security-concerned, so this comes to me as covering tracks, even if it isn't.

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