deskthority

There are plenty of Americans on this board. You want to equate MMB to all of them? Don't lower yourself to MMB's level.

Take it back or litster will sue you!

I need to get MMB's lawyer contact info first, if MMB doesn't sue me first.

I am sorry if I made it sound like I meant all Americans are like that, I do not of course. I just don't get why someone think they can justify their actions by suing everyone.

Only typical Americans are like that. Thanks goodness, most Americans are not typical.

So the typical American is not a typical American?

Bullveyr wrote:So the typical American is not a typical American?

Yes, typically.

Don't see where his nationality applies, he just seems to be an arsehole.

If you're reading GH or DT, you're probably not a typical American.

asdf wrote:Quote from: asdf on Mon, 04 March 2013, 13:06:01
Why did you send a DMCA takedown request? My Dropbox is now disabled. What on the "Right or Wrong" thread was copyright by you?
-----------------------------------------------------
his reply:
It contains personal information about me, and it's my right to have it removed.
Furthermore, if I find you have posted anything personal about me on Deskthority, I can promise you that:

1. I will pursue legal litigation against the hosting company of Deskthority
2. I will pursue legal litigation against YOU personally for defamation of character.

Ask yourself if you feel it's worth it to dredge up an issue that was none of your business to begin with. The matter was settled, and both parties left with what they started with.

Now I am not a lawyer, but DMCA take down requests are filed under penalty of perjury. Dropbox has a legal responsibility to remove any and all content that receives a DMCA take down to maintain their safe-harbour status, however it is essentially up to a court (if it goes that far) to decide whether or not the content was in breach of the DMCA. The thing here is that nothing on the image, at least in the mirror, could be copyrighted to MMB. The images were not his, and emails and discussions generally cannot be copyrighted. Names and personal information also cannot be copyrighted, but there may be some additional legalities involved in the act of releasing them(especially the paypal dispute), but as far as I know the consequences, if any, are generally non-existant (an example would be how ThePirateBay releases legal take down request emails to the public).

Of course what all this is leading up to is that MMB issued a DMCA take down request, under penalty of perjury, for copyrighted content that he does not own the copyright to. He doesn't have a legal leg to stand on, in my non-lawyer opinion, and the DMCA can be disputed. The defamation of character statement is also quite amusing, I imagine a world where any ebay seller, or buyer, who receives negative feedback can sue the person leaving negative feedback for defamation of character.

Uh.. Just realised, that the toy head he glued to a cap and made a mold of to make hundreds of copies is probably copyrighted in some way

mintberryminuscrunch wrote:Uh.. Just realised, that the toy head he glued to a cap and made a mold of to make hundreds of copies is probably copyrighted in some way

Somebody should launch a DMCA takedown on him immediately!

mintberryminuscrunch wrote:Uh.. Just realised, that the toy head he glued to a cap and made a mold of to make hundreds of copies is probably copyrighted in some way

Maybe so, but I'm a little lost as I was going off of the post below, but the specific picture of the toy head wouldn't be copyrighted by MMB, only the actual toy head (if applicable), and the picture would fall under fair use regardless.

I only really jumped into the thread as I found the (in my opinion false) DMCA take down rather amusing. I wasn't here to witness the original thread sadly.

asdf wrote:seems like someone else has the link up again (I didn't mirror this)
http://pastehtml.com/view/cuhtc991b.html

edit: I posted his reply on deskthority because he mentioned deskthority

Niall wrote:

mintberryminuscrunch wrote:Uh.. Just realised, that the toy head he glued to a cap and made a mold of to make hundreds of copies is probably copyrighted in some way

Maybe so, but I'm a little lost as I was going off of the post below, but the specific picture of the toy head wouldn't be copyrighted by MMB, only the actual toy head (if applicable), and the picture would fall under fair use regardless.

....

what picture?
Edit:you are mixing 2 separate things together

thegunner100 wrote:If you're reading GH or DT, you're probably not a typical American.

I am a TYPE-ical American who frequent DT and GH.

Niall wrote:Dropbox has a legal responsibility to remove any and all content that receives a DMCA take down to maintain their safe-harbour status,

AFAIK, they only have a legal responsibility to investigate. In such a clearly baseless case as this, that wouldn't take very long!

https://www.dropbox.com/dmca wrote:Dropbox will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

Hosting sites really should take on the responsibility of weeding out such frivolous notices

Anyway... if he tries to come at DT with a legal proceeding, he will be met with a robust defence fund and better be prepared to pay the costs when he loses!!

How silly to make all this noise when he would rather hush things up

Just wanted to chime in here, and let you know that the takedown request was for the removal of photos and personal information.

If personal information was posted without your consent, you would probably feel the same way. I have no problem with any other content related to the incident being here. If I posted your private address, full name and other private information, you wouldn't appreciate that, and would most likely request I remove it.

I am sure you will continue to march around with your pitchforks over this, but it was a small issue that was settled a long time back. But apparently, trolls would rather see it continue.

Out.

Soarer wrote:

Niall wrote:Dropbox has a legal responsibility to remove any and all content that receives a DMCA take down to maintain their safe-harbour status,

AFAIK, they only have a legal responsibility to investigate. In such a clearly baseless case as this, that wouldn't take very long!

I can't remember the specifics of the UK/Euro laws(that's the price to pay for using an Americanised internet!), but for the US DMCA at least the content provider is required to remove the content in order to keep its safe-harbour status: http://www.chillingeffects.org/dmca512/faq.cgi

Also of relevant interest on that page: If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

Of course, filing a counternotice can get very expensive if it is taken to a court so alas one has to decide if it's worth the effort really.

I don't particularly like the DMCA take down as is for this exact reason, it's too easy to abuse. Of course, a content site can refuse to take the content down and lose their safe-harbour status, but my understanding is that the DMCA take down issuer can also sue for damages should the DMCA be found to be valid, for a site like Dropbox or Youtube to refuse to take content down would mean they would have to verify every single DMCA request by hand, which for sites that likely get thousands a day can get very costly, and if they lose, oh boy!

Soarer wrote:Anyway... if he tries to come at DT with a legal proceeding, he will be met with a robust defence fund and better be prepared to pay the costs when he loses!!

Sure, a "robust defence", consisting of robust mechanical keyboards!

MagicMeatball wrote:If personal information was posted without your consent, you would probably feel the same way. I have no problem with any other content related to the incident being here. If I posted your private address, full name and other private information, you wouldn't appreciate that, and would most likely request I remove it.

Of course I must apologies here if I come across as a troll, all I had to go by was the mirrored link posted on page 8 in which all personal information was censored out. The photos on the mirror, from what I can see, were from the sellers perspective and hence the copyright to those images would belong to whoever took them, which given the context I would assume were taken by the seller.

So, apologies from myself if I came across as a troll. I have a bad habit of derailing threads!

Niall wrote:...

Soarer wrote:Anyway... if he tries to come at DT with a legal proceeding, he will be met with a robust defence fund and better be prepared to pay the costs when he loses!!

Sure, a "robust defence", consisting of robust mechanical keyboards!

...

Let me know where and when it happens and I will bring 4 solid metal-case keyboards (1xMarquardt, 2xCherry 19" rackmount, 1xAmkey).

Worth noting that the new mirror contains *no* personal information whatsoever — LinTaoBaoAgent was very diligent in scrubbing the screenshots of any identifying information for MagicMeatball. So unless asdf’s mirror was completely different, the DMCA takedown lodged by MagicMeatball was entirely spurious, and his rationale for lodging it equally spurious.

Given his previous conduct, and especially his conduct regarding the keyboard in question, it’s not hard to imagine that he’d lodge a spurious takedown and then use threats of potentially expensive legal action to discourage asdf from contesting it.

Also worth noting that the thread discussing MagicMeatball’s disappearance, which naturally led back to this incident, has been closed by Tsangan with the post: “Really this again? We just finished the drama like 2 days ago”.

The original mirror had his name and imageshack links. Him saying it has address and such is a lie. Will mirror original image if anyone wants. Hardy anything worth having jimmies rustled over. Also anyone know who Mxxxxxx Gxxxxxxx is? Random name I got in a random email, probably just a random guy.

I saved the thread that I started a couple of days ago, before it was split and before informative information was deleted. Where can I post it without being taken down by DMCA police?

Broadmonkey wrote:Typical American, always threatening people with lawsuits, when they don't know how to handle their life.

It has nothing to do with being American. It's differences in our system of law which allows negligence cases to be brought to court easily. In, say Denmark, if i sue someone for negligence and I lose, I have to pay their lawyer fees. Here in the US, in the same scenario, I don't have to pay. If this was the same way in Europe, I guarantee you Europeans would be pulling the same shit.

Niall wrote:I can't remember the specifics of the UK/Euro laws(that's the price to pay for using an Americanised internet!), but for the US DMCA at least the content provider is required to remove the content in order to keep its safe-harbour status: http://www.chillingeffects.org/dmca512/faq.cgi

Ah, probably the nuances of safe-harbour have eluded me. ChillingEffects seems to be too busy to give me that page at the moment.

My thought was more that the notice should at least appear that it might be valid, before it would be acted upon. It should clearly state the offending material, the copyright owner(s), and the basis on which the complainant is acting. If the box didn't contain any of his images, I can't see how anything would be covered

asdf wrote:.... Also anyone know who Mxxxxxx Gxxxxxxx is? ... .

Der magische Fleischball.

7bit wrote:Der magische Fleischball.

“Fleischball”. German is a terrifyingly literal language. No room for gentle, euphemistic wording!

@litster
just out of curiosity. what is your motivation behind this "remembering of mmbs sins"

asdf wrote:Also anyone know who Mxxxxxx Gxxxxxxx is? Random name I got in a random email, probably just a random guy.

I can categorically say that I believe that Mxxxxxx Gxxxxxxx is probably absolutely not related or affiliated with Bro Caps, BroCaps, Brodawg, or Magic Meatball in any way, shape, or form. To the best o my knowledge, Mxxxxxx Gxxxxxxx has never been affiliated with or represented by any posters using the names Bro Caps, BroCaps, Brodawg, or Magic Meatball.

please stop posting names whosever they are

mintberryminuscrunch wrote:please stop posting names whosever they are

Right. Sorry.


Hope you guys don't view this as censorship. If yes, I can restore the original ...