Microsoft Bamboozles Network Solutions

Donate $25 for two DVDs of the Cryptome collection of files from June 1996 to the present

5 January 2010. Updated.

4 January 2010

Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 298757
Date: Tue, 5 Jan 2010 15:05:56 -0500
From: "DMCA" <DMCA[at]networksolutions.com>
To: <jya[at]pipeline.com>

Hi Mr. Young:

I am forwarding the below for your information. No further action is required.

Linda L. Larsen, Designated Agent
Network Solutions, LLC
Telephone: 703.668.5615
Facsimile: 703.668.5959
Email: dmca[at]networksolutions.com

_____

From: Microsoft Anti Piracy Investigator #2 [mailto:internet2[at]microsoft-antipiracy.com]
Sent: Tuesday, January 05, 2010 8:17 AM
To: DMCA

Subject: RE: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 298757

Importance: High

Hi Linda – I, James Young am the investigator that sent the takedown notice relating to this case. I see that as requested cryptome.org have removed the page located at http://cryptome.org/0001/ms-cofee.htm - Separately that the .zip located at cryptome.net is now offline too.

Thank you for your assistance in this matter.

Best Regards,

James Young
Internet Investigator

on behalf of Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
United States of America

E-mail: Internet1[at]microsoft-antipiracy.com

Linda L. Larsen, Designated Agent
Network Solutions, LLC
Telephone: 703.668.5615
Facsimile: 703.668.5959
Email: dmca[at]networksolutions.com

My understanding is that the alleged infringement does not apply to www.cryptome.org, thus does not involve Network Solutions.

Network Solutions appears to have been mistakenly drawn into this matter by Microsoft and might wish to issue a withdrawal notice or whatever is appropriate to disengage.

Best regards,

John Young

Subject: RE: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 298757
Date: Mon, 4 Jan 2010 16:50:38 -0500
From: "DMCA" <DMCA[at]networksolutions.com>
To: "John Young" <jya[at]pipeline.com>

PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION

Just to confirm...you are stating that the copy they allege to be infringing is not on the Web site www.cryptome.org. You are not filing a counter-claim challenging their claim of alleged infringement?

Linda

Linda L. Larsen, Designated Agent
Network Solutions, LLC
Telephone: 703.668.5615
Facsimile: 703.668.5959
Email: dmca[at]networksolutions.com

Thank you for the explanation.

I believe my response is a valid counter-claim to Microsoft's claim. And that it concludes this matter.

If it does please let me know.

Best regards,

John Young

Subject: RE: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 298757
Date: Mon, 4 Jan 2010 16:04:13 -0500
From: "DMCA" <DMCA[at]networksolutions.com>
To: "John Young" <jya[at]pipeline.com>

You are correct that we are not affiliated with www.cryptome.net and as such, we are not addressing any complaint regarding www.cryptome.net. However, we do provide Web hosting services for www.cryptome.org and upon receipt of a proper notice of copyright infringement we are required under the Digital Millennium Copyright Act (“DMCA”) to notify you and request that you 1) remove the alleged infringing content, 2) resolve the matter directly with the complaining party, and/or 3) file a counter-notification pursuant to the DMCA challenging their claim. Failure on your part to confirm that the content has been removed, the matter resolved and/or submit to us a counter-notification within the allotted time period is the only time we would take action to deactivate a site.

I believe a copy of the DMCA was previously sent to you. Another copy of the DMCA is attached for your convenience. As you will read in pages 19-29 under the section titled TITLE II – ONLINE COPYRIGHT INFRINGEMENTLIABILITY LIMITATION, Web host providers can be deemed liable for contributory infringement if in fact the allegations made in a claim of copyright infringement are true and the Web host provider fails to take the appropriate action under the DMCA.

If you have any other questions, I will be happy to speak with you regarding this matter and thank you very much for your prompt responses and for your cooperation. We appreciate your business and it is not our goal to disrupt our customer’s business, but we must act in accordance with the DMCA.

Respectfully,

Linda L. Larsen, Designated Agent
Network Solutions, LLC
Telephone: 703.668.5615
Facsimile: 703.668.5959
Email: dmca[at]networksolutions.com

Could you explain why you are threatening shutdown of www.cryptome.ORG for allegedly infringing material allegedly published on another site, www.cryptome.NET.

Network Solutions does not host www.cryptome.net and has no other jurisdiction over it that I know about. If you have other jurisdiction for making a shudown threat please describe it.

Microsoft appears to have deliberately misled you about the infringing material by titling its complaint "http://cryptome.org" and not doing the homework required to establish accurate hosting responsibility.

In a spirit of cooperation we have arranged for removal of the allegedly infringing material from www.cryptome.net until we hear from you.

Regards,

John Young

At 12:24 PM 1/4/2010, you wrote:

VIA ELECTRONIC MAIL

January 4, 2010

Re: Potential Infringement of Copyrighted Material by www.cryptome.org

As you are aware, Network Solutions, LLC provides hosting services in connection with your Web site, www.cryptome.org. On November 20, 2009, we received a Notice of Copyright Infringement from Microsoft Corporation (“Microsoft”) claiming that there was content on the Web site www.cryptome.org that was infringing upon Microsoft’s copyrighted material. On that same day, we received a notice from you that the alleged infringing material had been removed (see attached Notice and email indicating the content had been removed).

Today, January 4, 2010, we have received a second notice from Microsoft claiming there is content on your Web site that is infringing on the copyrighted material of Microsoft (the “Claim”). Pursuant to the Digital Millennium Copyright Act (the "Act”), 17 U.S.C.S. §512, and our Acceptable Use Policy (the “AUP”), we will disable your Web site on or before Wednesday, January 6, 2010 unless the dispute between the Notifying Party and yourself is resolved. We are not in a position to determine whether or not the allegations in the Claim are true, and therefore we take no position as to the accuracy of the Claim. If you immediately remove the content that is objectionable to the Notifying Party, or you otherwise resolve the matter with the Notifying Party, and the Notifying Party confirms that his Claim has been resolved, it might not be necessary for us to disable (or continue to disable) the Web site. If you dispute the substance of the Notifying Party’s Claim and wish to provide a counter-notification pursuant to the Act, please provide any such counter-notification (and the information required by Section 512(g)(3) of the Act) to my attention at dmca[at]networksolutions.com and we will proceed accordingly. For your convenience, we have attached to this e-mail a copy of the Act. Please direct all questions regarding the allegedly infringing material to the Notifying Party, who is copied on this e-mail. If you are able to resolve this matter within the designated timeframe, please send via e-mail, being sure to include all involved parties, a notification to that effect.

Regards,

Linda L. Larsen, Designated Agent
Network Solutions, LLC
Telephone: 703.668.5615
Facsimile: 703.668.5959
Email: dmca[at]networksolutions.com

________________

From: Microsoft Anti Piracy Investigator #2 [mailto:internet2[at]microsoft-antipiracy.com]
Sent: Monday, January 04, 2010 9:08 AM
To: DMCA; Abuse; NOC Supervisor; Administrator
Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 298757
Importance: High

VIA EMAIL:

Demand for Immediate Take-Down: Notice of Infringing Activity

URL: http://cryptome.org/

Case #: 298757

Date: 04 January 2010

Dear Sir or Madam,

Microsoft has received information that the domain listed above, which appears to be on servers under your control, is offering unlicensed copies of, or is engaged in other unauthorized activities relating to copyrighted works published by Microsoft.

1. Identification of copyrighted works:

Copyrighted work(s):

Computer Online Forensic Evidence Extractor (COFEE)

Microsoft Corporation

2. Copyright infringing material or activity found at the following location(s):

http://cryptome.net/ms-cofee.zip

http://cryptome.org/0001/ms-cofee.htm

The above copyright work(s) is being made available for copying, through downloading, at the above location without authorization of the copyright owner.

3. Statement of authority:

The information in this notice is accurate, and I hereby certify under penalty of perjury that I am authorized to act on behalf of Microsoft, the owner of the copyright(s) in the work(s) identified above. I have a good faith belief that none of the materials or activities listed above have been authorized by Microsoft, its agents, or the law.

We hereby give notice of these activities to you and request that you take expeditious action to remove or disable access to the material described above, and thereby prevent the illegal reproduction and distribution of this copyright work(s) via your company's network.

We appreciate your cooperation in this matter. Please advise us regarding what actions you take.

Yours sincerely,

James Young
Internet Investigator
on behalf of Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
United States of America

E-mail: Internet1[at]microsoft-antipiracy.com

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Disposition-Notification-To: "DMCA" <DMCA[at]networksolutions.com>

Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 290032

Date: Fri, 20 Nov 2009 16:31:11 -0500

Message-ID: <2EBD1B1936E8D44EAAB91BA12DA3ACC53CA7A6[at]NSIVA-EXCHANGE2.CORPIT.NSI.NET>
X-MS-Has-Attach: yes
X-MS-TNEF-Correlator:
Thread-Topic: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 290032
Thread-Index: Acpp6KyVSNurxLneQZW6hjUyr2+VFgAPLAmQ
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Reply-By: Mon, 23 Nov 2009 15:00:00 -0500
From: "DMCA" <DMCA[at]networksolutions.com>
To: <jya[at]PIPELINE.COM>
Cc: <Internet1[at]microsoft-antipiracy.com>

VIA ELECTRONIC MAIL

November 20, 2009

Re: Potential Infringement of Copyrighted Material by www.cryptome.org

As you are aware, Network Solutions, LLC provides hosting services in connection with your Web site, www.cryptome.org. We have received the below notice from Graeme Grant, Internet Investigator on behalf of Microsoft Corporation (“Microsoft”), claiming there is content on your Web site that is infringing on the copyrighted material of Microsoft (the “Claim”). Pursuant to the Digital Millennium Copyright Act (the "Act”), 17 U.S.C.S. §512, and our Acceptable Use Policy (the “AUP”), we will disable your Web site within forty-eight (48) hours of our sending this communication unless the dispute between the Notifying Party and yourself is resolved. We are not in a position to determine whether or not the allegations in the Claim are true, and therefore we take no position as to the accuracy of the Claim. If you immediately remove the content that is objectionable to the Notifying Party, or you otherwise resolve the matter with the Notifying Party, and the Notifying Party confirms that his Claim has been resolved, it might not be necessary for us to disable (or continue to disable) the Web site. If you dispute the substance of the Notifying Party’s Claim and wish to provide a counter-notification pursuant to the Act, please provide any such counter-notification (and the information required by Section 512(g)(3) of the Act) to my attention at dmca[at]networksolutions.com and we will proceed accordingly. For your convenience, we have attached to this e-mail a copy of the Act. Please direct all questions regarding the allegedly infringing material to the Notifying Party, who is copied on this e-mail. If you are able to resolve this matter within the designated timeframe, please send via e-mail, being sure to include all involved parties, a notification to that effect.

Regards,

Linda L. Larsen, Designated Agent
Network Solutions, LLC
Telephone: 703.668.5615
Facsimile: 703.668.5959
Email: dmca[at]networksolutions.com

_____________

From: Microsoft Anti Piracy Investigator #4 [mailto:internet4[at]microsoft-antipiracy.com]
Sent: Friday, November 20, 2009 8:52 AM
To: DMCA; Abuse; NOC Supervisor; Administrator
Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 290032
Importance: High

VIA EMAIL:

Demand for Immediate Take-Down: Notice of Infringing Activity

URL: http://cryptome.org/

Case #: 290032

Date: 20 November 2009

Dear Sir or Madam,

1. Identification of copyrighted works:

Copyrighted work(s):

Computer Online Forensic Evidence Extractor (COFEE)

2. Copyright infringing material or activity found at the following location(s):

http://cryptome.org/cofee.zip

http://cryptome.org/cofee-guide.zip

The above copyright work(s) is being made available for copying, through downloading, at the above location without authorization of the copyright owner.

3. Statement of authority:

We appreciate your cooperation in this matter. Please advise us regarding what actions you take.

Yours sincerely,

Graeme Grant
Internet Investigator
on behalf of Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
United States of America

E-mail: Internet1[at]microsoft-antipiracy.com

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Subject: Re: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 290032

Date: Fri, 20 Nov 2009 16:52:18 -0500

Message-ID: <E1NBbOq-0001Zl-00[at]pop05.mail.atl.earthlink.net>

In-Reply-To: <2EBD1B1936E8D44EAAB91BA12DA3ACC53CA7A6[at]NSIVA-EXCHANGE2.COR PIT.NSI.NET>

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Thread-Topic: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 290032

Thread-Index: AcpqK7s4SyENFnDYQiiFerl499/3kw==

From: "John Young" <jya[at]pipeline.com>

To: "DMCA" <DMCA[at]networksolutions.com>

Cc: <internet4[at]microsoft-antipiracy.com>

The material has been removed.

Regards,

John Young

At 04:31 PM 11/20/2009, you wrote:

VIA ELECTRONIC MAIL

November 20, 2009

Re: Potential Infringement of Copyrighted Material by www.cryptome.org

Regards,

Linda L. Larsen, Designated Agent

Network Solutions, LLC

Telephone: 703.668.5615

Facsimile: 703.668.5959

Email: dmca[at]networksolutions.com

From: Microsoft Anti Piracy Investigator #4 [ mailto:internet4[at]microsoft-antipiracy.com]

Sent: Friday, November 20, 2009 8:52 AM

To: DMCA; Abuse; NOC Supervisor; Administrator

Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 290032

Importance: High

VIA EMAIL:

Demand for Immediate Take-Down: Notice of Infringing Activity

URL: http://cryptome.org/

Case #: 290032

Date: 20 November 2009

Dear Sir or Madam,

1. Identification of copyrighted works:

Copyrighted work(s):

Computer Online Forensic Evidence Extractor (COFEE)

Microsoft Corporation

2. Copyright infringing material or activity found at the following location(s):

http://cryptome.org/cofee.zip

http://cryptome.org/cofee-guide.zip

The above copyright work(s) is being made available for copying, through downloading, at the above location without authorization of the copyright owner.

3. Statement of authority:

We appreciate your cooperation in this matter. Please advise us regarding what actions you take.

Yours sincerely,

Graeme Grant

Internet Investigator

on behalf of Microsoft Corporation

One Microsoft Way

Redmond, WA 98052

United States of America

E-mail: Internet1[at]microsoft-antipiracy.com