17 March 2005
To: "Danna Thompson" <dlthompson@verio.net>
From: "" <jya@pipeline.com>
Subject: cryptome.org - Notification of DMCA Copyright Infringement
Date: Thu, 17 Mar 2005 12:18 -0500
Dear Ms. Thompson,
The allegedly infringing material has been removed. It has been widely
provided elsewhere thanks to Verio's policy of offering its customers
an opportunity to reply to allegations of infringement, unfortunately
a practice not abided by other providers who all to easily succumb to
DMCA threats.
Thank you for excellent service.
Regards,
John Young
-----
From: "Danna Thompson" <dlthompson@verio.net>
To: "'John Young'" <jya@pipeline.com>
Subject: cryptome.org - Notification of DMCA Copyright Infringement
Date: Thu, 17 Mar 2005 09:55:18 -0700
Dear Mr. Young,
We received notification of copyright infringement pursuant to the Digital
Millennium Copyright Act (DMCA) regarding your site, www.cryptome.org.
Please remove the alleged infringing materials, or we will be required by
the DMCA to disable access.
Please understand that Verio is not in the position of determining who is
correct in such disputes. Once we receive a letter that complies with the
Digital Millennium Copyright Act (DMCA), we must proceed in accordance of
the requirements of the DMCA or we both may be held liable. Therefore, we
have no other choice and must disable access to the site unless the alleged
infringing materials have been removed.
If you feel that the complainant has made a mistake you may send us a
counter notification via fax to 303-708-2445. If we receive a counter
notification that complies with the DMCA, we will allow you to repost the
materials in 10-14 business days from the date of receipt of the counter
notification, unless we receive notice that the complainant has filed a law
suit against you. You may also wish to consult an attorney regarding this
matter.
To read the DMCA, please see the link to the Act on
http://lcweb.loc.gov/copyright/onlinesp/
We appreciate your assistance in resolving this matter.
Sincerely,
Legal Department
VERIO Inc.
-----Original Message-----
Dear VERIO,
In the original email SIIA sent, SIIA did include all of the elements as
required by the DMCA. They are as follows:
1)Thank you in advance for your cooperation.
Sincerely,
Sean P Myers
Manager, Internet Anti-Piracy
Software & Information Industry Association 1090 Vermont Avenue, NW Sixth
Floor Washington, DC
20005
P(202) 789-4477
F(202) 289-7097
To Report Piracy -
1-800-388-7478
2 & 3) We recently became aware that some of our member's material is being
made available at http://www.cryptome.org/wolff1.html on your Internet
service in violation of Federal copyright law, Title 17 of the United States
Code.
Specifically, Michael Wolff's Information Industry Summit Keynote Address,
which is owned by Michael Wolff is being distributed or offered for
distribution without proper licenses and/or authorization from our member
within Verio, Inc.'s pages. These works are copyrighted works owned by the
member above. Federal copyright law provides substantial protection against
the unauthorized copying and distribution of copyrighted works. Anyone who
copies or distributes these works without authorization of the copyright
owner may be subjected to the remedies provided under the copyright law.
4) Sean P Myers
Manager, Internet Anti-Piracy
Software & Information Industry Association 1090 Vermont Avenue, NW Sixth
Floor Washington, DC
20005
P(202) 789-4477
F(202) 289-7097
To Report Piracy -
1-800-388-7478
5) SPA has a good faith belief that the infringing activity described above
is taking place at the address above and that the information represented is
accurate. Please remove the infringing materials immediately. Failure to
remove the infringing material described above could subject your Internet
service to liability for the material.
6) Pursuant to section 512 of Title 17 of the United States Code, I am
writing to formally notify you, as the designated agent of Verio, Inc., of
violations occurring on Verio's systems or networks and, in compliance with
section 512(c)(3) of Title 17, requesting that you take immediate action to
expeditiously remove, or disable access to the infringing material. Under
penalty of perjury, SPA has the authority to act on behalf of its members.
Please remove the aforementioned material as soon as possible. We
originally notified your company of the infringement pursuant to the DMCA on
March 1, 2005 and would appreciate your expeditious handling of this matter.
Regards,
Sean P Myers
Manager, Internet Anti-Piracy
Software & Information Industry Association 1090 Vermont Avenue, NW Sixth
Floor Washington, DC
20005
smyers@siia.net
P(202) 789-4477
F(202) 289-7097
To Report Piracy -
1-800-388-7478
-----Original Message-----
From: John Young [mailto:jya@pipeline.com]
Sent: Tuesday, March 08, 2005 8:53 PM
To: legal4
Subject: Re: FW: Notice of Infringement
Dear Verio,
We have received your forward of the email from Sean Myers which alleges
copyright violation of a file on Cryptome. Would it be possible for Sean
Myers to provide evidence that the material is owned by Michael Wolff as
alleged, with proof of copyright registration?
With that evidence it will be possible to consider removal of the file,
otherwise we are unable to accept Sean Myer's word for such claims -- which
are often made on the Internet these days through threatening e-mails
without proof of all too glib DMCA allegations.
Indeed, such claims have become abusively pervasive and unjustly interfere
with legitimate publication of information of interest in the sordid world
of copyright, braggardy and media hustle -- admirably exemplified in the
Michael Wolff performance.
As you know Cryptome frequently hosts controversial material and is
periodically DMCA-threatened without justification, as so far in this
instance. To resist the standard DMCA bluff and bluster we are obliged to
ask for proof of copyright not a mere assertion in order to not fall prey to
legalistic bombast now widespread on the Internet due to the pernicious DMCA
and its venal proponents, some say, mouthpieces.
Mr. Wolff's mouthpiece has been widely admired and ridiculed, and thus
presents a bonafide topic of discussion thanks to the thousands of copies
around the net, including one in the Google cache.
Thanks very much for your past support for freedom of information on
Cryptome and we very much appreciate Verio's fairmindedness hosting of
controversial material according to its use policy.
Regards,
John Young
At 05:19 PM 3/8/2005 -0700, you wrote:
>ATTN: JOHN YOUNG, please confirm via email
>
>We are in receipt of the following notification alleging DMCA copyright
>infringement.
>
>-----Original Message-----
>From: Sean Myers [mailto:smyers@siia.net]
>Sent: Tuesday, March 01, 2005 10:42 AM
>To: copyright@verio.net
>Subject: Notice of Infringement
>Importance: High
>
>3/1/2005
>
>VIA EMAIL
>
>Verio, Inc.
>8005 South Chester Street, Suite 200
>Englewood, Colorado 80112
>USA
>303-708-2445
>
>RE: Copyright Infringement
>
>Dear Verio, Inc.:
>
>I am writing on behalf of the Software Publishers Association ("SPA"),
>a division of the Software & Information Industry Association, the
>principal trade group for the code and content industries with about 600
members.
>SPA's member software and content publishers look to it to help protect
>their intellectual property rights and to stop the unauthorized copying
>and distribution of their copyrighted products.
>
>We recently became aware that some of our member's material is being
>made available at http://www.cryptome.org/wolff1.html on your Internet
>service in violation of Federal copyright law, Title 17 of the United
States Code.
>Specifically, Michael Wolff's Information Industry Summit Keynote
>Address, which is owned by Michael Wolff is being distributed or
>offered for distribution without proper licenses and/or authorization
>from our member within Verio, Inc.'s pages. These works are
>copyrighted works owned by the member above. Federal copyright law
>provides substantial protection against the unauthorized copying and
>distribution of copyrighted works. Anyone who copies or distributes
>these works without authorization of the copyright owner may be subjected
to the remedies provided under the copyright law.
>
>Section 504 of the Copyright Act (17 U.S.C. §504), allows a copyright
>owner to recover monetary damages from the direct infringer and, under
>theories of contributory infringement and vicarious liability, from the
>indirect infringer. These damages are measured either by: (1) its
>actual damages plus any additional profits of the infringer
>attributable to the infringement, or (2) statutory damages, of up to
>$150,000 for each copyrighted work infringed in the case of willful
>infringement. The copyright owner also has the right to permanently
>enjoin an infringer under section 502 of the Copyright Act from
>engaging in further infringing activities and may be awarded costs and
attorneys' fees under Section 505.
>
>The Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512,
>establishes a "notice-and-take-down" mechanism which immunizes ISPs
>from copyright infringement liability when the ISP aides copyright
>owners and their agents in removing infringing materials from the
>Internet upon receipt of notification by copyright owners or their
>agents of infringements taking place over their systems or networks.
>
>Pursuant to section 512 of Title 17 of the United States Code, I am
>writing to formally notify you, as the designated agent of Verio, Inc.,
>of violations occurring on Verio's systems or networks and, in
>compliance with
>section 512(c)(3) of Title 17, requesting that you take immediate
>action to expeditiously remove, or disable access to the infringing
>material. Under penalty of perjury, SPA has the authority to act on behalf
of its members.
>SPA has a good faith belief that the infringing activity described
>above is taking place at the address above and that the information
>represented is accurate. Please remove the infringing materials
>immediately. Failure to remove the infringing material described above
>could subject your Internet service to liability for the material.
>
>Please provide us with your written assurances by 3/15/05 that you
>complied with our request and removed the infringing material. We
>trust that this matter can be resolved amicably and that both parties
>can be spared the expense and inconvenience of litigation. Please
>contact me if you have any questions or want to discuss this matter.
>
>Thank you in advance for your cooperation.
>
>Sincerely,
>
>Sean P Myers
>
>
>Manager, Internet Anti-Piracy
>Software & Information Industry Association 1090 Vermont Avenue, NW
>Sixth Floor Washington, DC
>20005
>P(202) 789-4477
>F(202) 289-7097
>
>To Report Piracy -
>1-800-388-7478
>
-----
9 March 2005. A Cryptome search today at the US Copyright Office by author, claimant or work title for the talk below found no record of copyright by Michael Wolff or anybody else (several other works by this Michael Wolff were listed):
http://www.copyright.gov/records/cohm.html
8 March 2005
From: "legal4" <legal4@verio.net>
To: "'John Young'" <jya@pipeline.com>
Subject: FW: Notice of Infringement
Date: Tue, 8 Mar 2005 17:19:59 -0700
ATTN: JOHN YOUNG, please confirm via email
We are in receipt of the following notification alleging DMCA copyright
infringement.
-----Original Message-----
From: Sean Myers [mailto:smyers@siia.net]
Sent: Tuesday, March 01, 2005 10:42 AM
To: copyright@verio.net
Subject: Notice of Infringement
Importance: High
3/1/2005
VIA EMAIL
Verio, Inc.
8005 South Chester Street, Suite 200
Englewood, Colorado 80112
USA
303-708-2445
RE: Copyright Infringement
Dear Verio, Inc.:
I am writing on behalf of the Software Publishers Association ("SPA"), a
division of the Software & Information Industry Association, the principal
trade group for the code and content industries with about 600 members.
SPA's member software and content publishers look to it to help protect
their intellectual property rights and to stop the unauthorized copying and
distribution of their copyrighted products.
We recently became aware that some of our member's material is being made
available at http://www.cryptome.org/wolff1.html on your Internet service in
violation of Federal copyright law, Title 17 of the United States Code.
Specifically, Michael Wolff's Information Industry Summit Keynote Address,
which is owned by Michael Wolff is being distributed or offered for
distribution without proper licenses and/or authorization from our member
within Verio, Inc.'s pages. These works are copyrighted works owned by the
member above. Federal copyright law provides substantial protection against
the unauthorized copying and distribution of copyrighted works. Anyone who
copies or distributes these works without authorization of the copyright
owner may be subjected to the remedies provided under the copyright law.
Section 504 of the Copyright Act (17 U.S.C. §504), allows a copyright owner
to recover monetary damages from the direct infringer and, under theories of
contributory infringement and vicarious liability, from the indirect
infringer. These damages are measured either by: (1) its actual damages
plus any additional profits of the infringer attributable to the
infringement, or (2) statutory damages, of up to $150,000 for each
copyrighted work infringed in the case of willful infringement. The
copyright owner also has the right to permanently enjoin an infringer under
section 502 of the Copyright Act from engaging in further infringing
activities and may be awarded costs and attorneys' fees under Section 505.
The Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512, establishes a
"notice-and-take-down" mechanism which immunizes ISPs from copyright
infringement liability when the ISP aides copyright owners and their agents
in removing infringing materials from the Internet upon receipt of
notification by copyright owners or their agents of infringements taking
place over their systems or networks.
Pursuant to section 512 of Title 17 of the United States Code, I am writing
to formally notify you, as the designated agent of Verio, Inc., of
violations occurring on Verio's systems or networks and, in compliance with
section 512(c)(3) of Title 17, requesting that you take immediate action to
expeditiously remove, or disable access to the infringing material. Under
penalty of perjury, SPA has the authority to act on behalf of its members.
SPA has a good faith belief that the infringing activity described above is
taking place at the address above and that the information represented is
accurate. Please remove the infringing materials immediately. Failure to
remove the infringing material described above could subject your Internet
service to liability for the material.
Please provide us with your written assurances by 3/15/05 that you complied
with our request and removed the infringing material. We trust that this
matter can be resolved amicably and that both parties can be spared the
expense and inconvenience of litigation. Please contact me if you have any
questions or want to discuss this matter.
Thank you in advance for your cooperation.
Sincerely,
Sean P Myers
Manager, Internet Anti-Piracy
Software & Information Industry Association 1090 Vermont Avenue, NW Sixth
Floor Washington, DC
20005
P(202) 789-4477
F(202) 289-7097
To Report Piracy -
1-800-388-7478
-----
To: "legal4" <legal4@verio.net>
From: "'John Young'" <jya@pipeline.com>
Subject: FW: Notice of Infringement
Date: Tue, 8 Mar 2005 19:48 -0500
Dear Verio,
We have received your forward of the email from Sean Myers
which alleges copyright violation of a file on Cryptome. Would
it be possible for Sean Myers to provide evidence that the
material is owned by Michael Wolff as alleged, with proof
of copyright registration?
With that evidence it will be possible to consider removal of the
file, otherwise we are unable to accept Sean Myer's word for
such claims -- which are often made on the Internet these days
through threatening e-mails without proof of all too glib
DMCA allegations.
Indeed, such claims have become abusively pervasive and unjustly
interfere with legitimate publication of information of interest
in the sordid world of copyright, braggardy and media hustle --
admirably exemplified in the Michael Wolff performance.
As you know Cryptome frequently hosts controversial material
and is periodically DMCA-threatened without justification, as
so far in this instance. To resist the standard DMCA bluff and
bluster we are obliged to ask for proof of copyright not
a mere assertion in order to not fall prey to legalistic bombast
now widespread on the Internet due to the pernicious DMCA
and its venal proponents, some say, mouthpieces.
Mr. Wolff's mouthpiece has been widely admired and ridiculed, and
thus presents a bonafide topic of discussion thanks to the thousands
of copies around the net, including one in the Google cache.
Thanks very much for your past support for freedom of information
on Cryptome and we very much appreciate Verio's fairminded hosting
of controversial material according to its use policy.
Regards,
John Young
1 March 2005
See related: http://www.felixsalmon.com/000350.php
Originally posted at: www.iwantmedia.com/people/people47.html
Original file cached in Google
Original file stripped of ads and links to I Want Media.
Source: I
Want Media, 02/15/05
Michael Wolff:
'Free Information is Now the Topic in the Media Industry'
The Vanity Fair media columnist argues that the Wall Street Journal "stopped
mattering" when it locked up its editorial content behind a pay-subscription
wall. Also, blogs "lower the value of all information."
I Want Media, 02/15/05
Michael
Wolff, a media columnist for Vanity Fair, delivered the opening keynote address
at the 2005
SIIA Information Industry Summit in New York City, held Feb. 1 and 2.
Hundreds of digital content professionals gathered to discuss strategies,
examine trends and review forecasts for the industry.
Wolff, the author of "Autumn of the Moguls," a sweeping overview of the media business, "has a unique perspective on what media means and how it fits into the larger society," said Patrick Spain, CEO of HighBeam Research, in his introduction of Wolff at the conference. "He at once combines a critical eye for what's going on with a genuine admiration, even love of the industry and the people in it."
Wolff, however, didn't display much affection for the media biz in his keynote address. His remarks are reproduced here.
"Media companies can't hold an audience because what they produce is shit," he said. Today's media-savvy consumers realize that they're "just being sold something," so they "turn the dial or toss the magazine. We've created a situation of such high disposability of information that, of course, the value is going to drop. ... The ecology of information has been disrupted because there is so much information that nobody has authority."
Wolff
expressed even less love for the bloggers: "I'm not going to be part of this
blog stuff. ... By all rights, 18 months from now we should be looking back
at this and all kind of embarrassed to say the word blog -- I hope."
[Wolff
performance removed.]
Wolff performance cached in Google