FreeBSD has been put on DMCA list

J

jonfr

I do not know where too put this. So I do it here. It seems that FreeBSD has been put on DMCA list. According to chillingeffects by Google.

The list item according to Google list is this one.

Code: 
54. http://www.freebsd.org/ports/master-index.html

The DMCA complaint in whole can be found here,

http://www.chillingeffects.org/notice.cgi?sID=288784

It was filed 16, April 2012. I did find this by chance while troubleshooting a issue that I am having.
 
Maybe it's because of all the DVD authoring tools listed on that page, well that's just tough, go cry whoever filed that. People can use those programs if they want to.
 
Doesn't look like it. This is some minor company in France. It is going after this programs. Many of them in GPL/BSD licence or something close to it.

Code: 
Outguess : un logiciel de stéganographie
Worktime : un timer
Time Up : un chronomètre
Cryptext : Un logiciel de cryptographie
Crypt : Cryptage de fichiers
Cryptix : Logiciel pour apprendre la cryptographie
Original work URL(s):
  http://www.rbcafe.com/outguess

This at least applies to Crypt and Cryptix. The only thing that I did not find any information about was Cryptext. That might be closed source in reality. But I know nothing about it since I did not find anything.
 
jonfr said:
Doesn't look like it. This is some minor company in France. It is going after this programs. Many of them in GPL/BSD licence or something close to it.

Code: 
Outguess : un logiciel de stéganographie
Worktime : un timer
Time Up : un chronomètre
Cryptext : Un logiciel de cryptographie
Crypt : Cryptage de fichiers
Cryptix : Logiciel pour apprendre la cryptographie
Original work URL(s):
  http://www.rbcafe.com/outguess

This at least applies to Crypt and Cryptix. The only thing that I did not find any information about was Cryptext. That might be closed source in reality. But I know nothing about it since I did not find anything.
Click to expand...

Ah, those parts were buried in the middle of all the URL's. It looks alot like they did a blanket search for certain keywords relating to their software, some look legitimate and many don't.
 
I'll pick a few random entries from http://www.freebsd.org/ports/master-index.html and see if they turn up in Google searches.

0ad-0.0.12_2: Doesn't show master-index, but it does show the games index page.
WebCalendar-1.0.5_2: Doesn't display the default master-index, but it does display the Japanese ports master index and the www category.
mlclock-1.1_2: Doesn't display master index or ports page, but it does show the x11-clocks page.

Then I decided to google these exact terms: "master-index site:www.freebsd.org"
The top result is http://www.freebsd.org/ja/ports/master-index.html followed by many results from the handbook, but no links to http://www.freebsd.org/ports/master-index.html as far as I can see.

As a final verification, I decided to google the URL itself, (http://www.freebsd.org/ports/master-index.html) and
it wouldn't show up as a result.

tl;dr: The ports-master index URL is indeed not showing up in Google results (but it shows up on Yahoo and Bing).
 
Doesn't the DMCA include some hefty wrist-slapping when you misuse it?
 
The FreeBSD ports index is only listed under the Cryptix entry, no?
 
DutchDaemon said:
The FreeBSD ports index is only listed under the Cryptix entry, no?
Click to expand...

Checking the DMCA claim this is what FreeBSD web page is listed under.

Code: 
Outguess : un logiciel de stéganographie
Worktime : un timer
Time Up : un chronomètre
Cryptext : Un logiciel de cryptographie
Crypt : Cryptage de fichiers
Cryptix : Logiciel pour apprendre la cryptographie
Original work URL(s):
  http://www.rbcafe.com/cryptix

The author of this DMCA claim signed some pretty heavy legal requirement when he signed the DMCA claim.

SWORN STATEMENTS

I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
[checked]

The information in this notification is accurate, and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
[checked]
Click to expand...

Regardless of the software. This is a false DMCA claim against FreeBSD and this does block Google from showing search results from the ports website.
 
Savagedlight said:
I'll pick a few random entries from http://www.freebsd.org/ports/master-index.html and see if they turn up in Google searches.
Click to expand...
Keep in mind that Google provides search results based on browser, OS, IP/location, previous searches, your Gmail messages if you have an account, and probably even date/time, in addition to the actual search terms entered. Therefore, those search results won't generalize.

Kevin Barry
 
ta0kira said:
Keep in mind that Google provides search results based on browser, OS, IP/location, previous searches, your Gmail messages if you have an account, and probably even date/time, in addition to the actual search terms entered. Therefore, those search results won't generalize.

Kevin Barry
Click to expand...

I believe that the later searches for the exact URL not turning up that URL, but one of the alternate language ones, is a pretty clear indication it's not turning up in Google searches.
 
Savagedlight said:
I believe that the later searches for the exact URL not turning up that URL, but one of the alternate language ones, is a pretty clear indication it's not turning up in Google searches.
Click to expand...

In order to serve my curiosity, I also searched for http://www.freebsd.org/ports/master-index.html on Google. At the bottom of the first result page appeared the following message:

In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org.
Click to expand...

So, it is pretty obvious, that Google does not show the ports master index by purpose.
 
kpa said:
That's a crowning moment of WTF if this is the case :stud
Click to expand...
If you follow the DMCA takedown news, legitimate takedowns have been drowned out by a vast sea of automated takedowns which often make no sense - movie distribution companies requesting takedowns on their own, self-posted movie trailers, and so forth.

What's worse, is that some companies claim to have a "special private relationship" with some web sites, which lets them "disappear" stuff without the original poster being notified, and with no way to file a counter-notice.

rolfheinrich said:
So, it is pretty obvious, that Google does not show the ports master index by purpose.
Click to expand...
This is the important part (bolded to get somebody's attention). Google should have sent a copy of this notification to the registered DMCA agent for FreeBSD (probably the FreeBSD Foundation). Either they couldn't find the registered agent or FreeBSD didn't file a counter-notice. That could become a major issue if there's a "real" DMCA complaint against FreeBSD for something.

A search of http://www.freebsd.org for "DMCA" returns "Nothing found", and the "Legal Notices" link in the FreeBSD homepage footer goes to a page with a lot of other legal stuff, but no DMCA contact. Also, a "best guess" of http://www.freebsd.org/dmca returns a "Page not found". Similarly, I didn't find anyting on the FreeBSD Foundation's web page.
 
Terry_Kennedy said:
This is the important part (bolded to get somebody's attention). Google should have sent a copy of this notification to the registered DMCA agent for FreeBSD (probably the FreeBSD Foundation). Either they couldn't find the registered agent or FreeBSD didn't file a counter-notice. That could become a major issue if there's a "real" DMCA complaint against FreeBSD for something.
Click to expand...

Google is required to contact you? I have not read the DMCA, but I would be suprised if that was required.

What's now called for is that counter notice. Yes, these are mostly automated processes, but the best way to throw a spanner into these wheels is to, IMHO, throw the book at the issuers.
 
Savagedlight said:
I've sent a mail to board@ (since that's the only listed contact address) pointing them to this thread.

Edit: Got a reply.
Click to expand...

Hope you have not had trouble to writing the counter notification letter ;)

A sample counter notification or how to respond to a DMCA attack may be found here.

Special Jurisdiction Issues for Foreign Websites (VERY IMPORTANT)
When filing a counter notification, you must consent to jurisdiction of the US federal district court.

If you're based in the US, then you would be consenting to the US federal District Court where you live. Because U.S. citizens and businesses can always be sued in the district where they live, the consent-to-jurisdiction-requirement doesn't have an impact for U.S. citizens and businesses.

However, if you're a foreign owned and operated website, you must consent to jurisdiction either where Google is located (Santa Clara, CA) or where the original complainer is located. Consenting to jurisdiction can increase your risk of being sued. It is more difficult to serve people in foreign countries with a lawsuit, unless they consent to jurisdiction in the US. Thus, before a foreign owned and operated site issues a put-back notice, it should seriously consider the risk of suit.

If the original complainer doesn't really have a good case and he was abusing the DMCA for censorship or business reasons, then your risk of getting sued was probably slim in the first place. Thus, consenting to jurisdiction wouldn't increase your risk that much. However, if the original complainer is very serious and thinks it is worth filing a lawsuit against you, then your foreign residence may be helping to protect you from a U.S. lawsuit. In this case, you wouldn't want to consent to U.S. jurisdiction. It may be better to start a new website with new, non-infringing content.

Thus, before a foreign entity sends a put-back notice, it is very important to step back and make sure that you're not at serious risk of a lawsuit or that you don't mind potentially defending against a lawsuit in the U.S.
Click to expand...
 
I am continuing to get this message, when I am doing search for FreeBSD and ports on Google.

In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org.
Click to expand...

I wonder how long it takes for counter notices to get into effect.
 
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