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Re: Wonderful by Senor Barborito 01/17/2005, 2:43pm PST
Senor Barborito wrote:

Jack's Inflamed Colon's Law Firm wrote:

Senor Barborito wrote:

a simple DMCA notification to Caltrops' webhost would probably be sufficient to get ICJ's account, and Caltrops, yanked within 24 hours. This is because under the DMCA webhosts and ISPs suffer equal financial penalty to their customers should their customers be convicted of copyright violation - and most message boards (including Metafilter, for one) grant posters copyright of their posts. Standard operating procedure within every webhost and ISP in the USA is to immediately pull the offending account upon receipt of DMCA notice and ask questions later, for one simple reason - the $15 or $25 a month you pay them is not worth the potential $150,000 per violation penalty of the DMCA.


Everyone has already been mercilously making fun of the above threat already but I want to make sure people understand just how silly it is.

I am not a lawyer. But I have a lot of experience in working with lawyers on ISP take downs. If the DMCA notice doesnt come from a law firm the ISP will simply laugh at it and move on. This weeds out threats like the above which are petty and stupid and in no way were meant for the DMCA to cover, and it also saves the ISP's time seperating enraged "notes from the underground" letter writers from actual honest to god copyright damages that the ISP might be liable for.

This means, you guessed it, Veronica would have to pay for a lawyer. SB would have to then meet with that lawyer at a charge to explain the situation then pay the lawyer for their time and work drafting the take down notice or C&D or whatever the lawyer decided was appropriate. I'm pretty sure any lawyer looking at this situation would probably chuckle unless they were Lionel Hutz.

JICLF


First of all, the bit about Veronica getting a lawyer only applies if I were the person who was going to do this. I've already said, on no uncertain terms, that I will never do this, but that it is a vulnerability.

Secondly, you are flatly wrong. It is a trivially exploitable one.

Everything from Usenet posts to pictures of Nipple Jewelry to CNet Spyware articles to simple descriptions of mobile phones is valid grounds for the DMCA. If you take a look at the nipple jewelry/mobile phones one in particular, towards the bottom, you'll notice that a lawyer was neither needed nor used.

Chillingeffects.org has over 496 examples of DMCA 512 as detailed in the Online Copyright Infringement Liability Limitation Act, aka DMCA Title 2 archived here.

--SB

Why haven't you stopped posting yet, Clean Breaker?
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I found archives of the first 9 months by Senor Barborito 01/17/2005, 9:14am PST NEW
    One other thing by Senor Barborito 01/17/2005, 9:22am PST NEW
        Re: One other thing by Mysterio 01/17/2005, 9:37am PST NEW
            Re: One other thing by Senor Barborito 01/17/2005, 9:41am PST NEW
                Re: One other thing by Fussbett 01/17/2005, 10:09am PST NEW
                    Re: One other thing by Senor Barborito 01/17/2005, 10:20am PST NEW
                        Re: One other thing by Creexul :( 01/17/2005, 6:22pm PST NEW
                            Re: One other thing by Senor Barborito 01/17/2005, 6:33pm PST NEW
                                Yeah by Motherhead 01/17/2005, 6:41pm PST NEW
                                Good point...... OR IS IT?! by Ray of Light 01/17/2005, 10:25pm PST NEW
                                    Hahahaha [does] NT by Creexul :( 01/17/2005, 10:30pm PST NEW
                                        PS by Creexul :( 01/17/2005, 10:35pm PST NEW
    Re: I found archives of the first 9 months by veronica 01/17/2005, 10:05am PST NEW
        Nice Ator by Senor Barborito 01/17/2005, 10:12am PST NEW
            How do we know you're not just Zseni fucking around? by Zseni 01/17/2005, 10:34am PST NEW
                A couple things by Senor Barborito 01/17/2005, 10:39am PST NEW
                    Oh, duh. The obvious one. by Senor Barborito 01/17/2005, 10:51am PST NEW
                        Re: Oh, duh. The obvious one. by Zseni 01/17/2005, 12:09pm PST NEW
                No, it's real by Entropy Stew 01/17/2005, 10:39am PST NEW
                Re: How do we know you're not just Zseni fucking around? by Mysterio 01/26/2005, 3:32pm PST NEW
                    Re: How do we know you're not just Zseni fucking around? by Mysterio 01/26/2005, 3:33pm PST NEW
                    Re: How do we know you're not just Zseni fucking around? by Mysterio 01/26/2005, 3:35pm PST NEW
            C'mon SB by Give us the deep dish 01/17/2005, 11:25am PST NEW
        I think veronica is actually dead by Bunyip 01/18/2005, 4:56pm PST NEW
    but how many blowjobs are you getting (daily) AT THIS TIME THE VERY MOMENT (NOW) NT by Kthor 01/17/2005, 10:26am PST NEW
        Not as many as I fantasize about you giving me (daily) NT by Senor Barborito 01/17/2005, 10:36am PST NEW
            Me neither. NT by Senor Barborito 01/17/2005, 10:37am PST NEW
    I'm just on the VERGE of forgetting about that whole ugly incident. by Fussbett 01/17/2005, 11:31am PST NEW
        Re: I'm just on the VERGE of forgetting about that whole ugly incident. by Senor Barborito 01/17/2005, 11:55am PST NEW
            Ha ha, yeah, I got a bit crazy there. by Fussbett 01/17/2005, 12:55pm PST NEW
                Re: Ha ha, yeah, I got a bit crazy there. by Senor Barborito 01/17/2005, 1:08pm PST NEW
            Re: I'm just on the VERGE of forgetting about that whole ugly incident. by Kthor 01/17/2005, 1:00pm PST NEW
                Actually I was referring to my gerbil's cage. Those guys are the best. NT by Senor Barborito 01/17/2005, 1:12pm PST NEW
    DON'T WRITE ABOUT ME ON THE SITE AFTER I AM GONE *LAWYER* by Eyo 01/17/2005, 11:46am PST NEW
        And you're an illiterate moron. NT by Senor Barborito 01/17/2005, 11:58am PST NEW
    Re: I found archives of the first 9 months by laudablepuss 01/17/2005, 11:55am PST NEW
        Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 11:58am PST NEW
            Re: I found archives of the first 9 months by laudablepuss 01/17/2005, 12:21pm PST NEW
                Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 12:28pm PST NEW
        Et tu, laudable?! by I need clarification 01/17/2005, 1:15pm PST NEW
        I just thought the entire internet should know that laudablepuss is awesome. by Creexul :( 01/17/2005, 8:51pm PST NEW
    Side note AIM log by Fussbett 01/17/2005, 1:03pm PST NEW
        *SHRUGS* NT by mark 01/17/2005, 1:12pm PST NEW
    Re: I found archives of the first 9 months by mark 01/17/2005, 1:11pm PST NEW
        Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:20pm PST NEW
            Re: I found archives of the first 9 months by Kthor 01/17/2005, 1:40pm PST NEW
                Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:48pm PST NEW
                    Re: I found archives of the first 9 months by Kab(uke) Seme 01/17/2005, 3:24pm PST NEW
                        Wait a minute by Mysterio 01/17/2005, 6:03pm PST NEW
                    Re: I found archives of the first 9 months by Harry Crews 01/17/2005, 5:38pm PST NEW
                Exactly. by Kab(uke) Seme 01/17/2005, 3:11pm PST NEW
        Re: I found archives of the first 9 months by Fussbett 01/17/2005, 1:22pm PST NEW
            Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:50pm PST NEW
                Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:53pm PST NEW
                    Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 1:56pm PST NEW
                        Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 2:02pm PST NEW
    The silver lining here... by I need clarification 01/17/2005, 1:16pm PST NEW
    oh NT by whydirt 01/17/2005, 2:10pm PST NEW
    A little note about the DMCA that people should know. by Jack's Inflamed Colon's Law Firm 01/17/2005, 2:26pm PST NEW
        Wonderful by Senor Barborito 01/17/2005, 2:41pm PST NEW
            Re: Wonderful by Senor Barborito 01/17/2005, 2:43pm PST NEW
                Because you can't read by Senor Barborito 01/17/2005, 2:45pm PST NEW
                    Re: Because you can't read by Senor Barborito 01/17/2005, 2:55pm PST NEW
                        Re: Because you can't read by Senor Barborito 01/17/2005, 3:02pm PST NEW
                            Re: Because you can't read by Mysterio Lollerson 01/17/2005, 3:10pm PST NEW
                                Re: Because you can't read by Senor Barborito 01/17/2005, 3:15pm PST NEW
                                    Re: Because you can't read by Bill Dungsroman 01/18/2005, 6:55pm PST NEW
                                Re: Because you can't read by Senor Barborito 01/17/2005, 3:19pm PST NEW
            Response: In which I remind you you are SB and subject to your own inherent flaw by Jack's Inflamed Colon's Law Firm 01/17/2005, 3:27pm PST NEW
                Re: Response: In which I remind you you are SB and subject to your own inherent by Senor Barborito 01/17/2005, 6:03pm PST NEW
                    no more time to school you, I asked a lawyer. by Seriously, don't you ever learn? 01/17/2005, 6:54pm PST NEW
                        Clearly you need to read more websites. NT by I need clarification 01/17/2005, 7:13pm PST NEW
                            Haha NT by Matthew Holland 06/02/2013, 4:18am PDT NEW
                        Re: no more time to school you, I asked a lawyer. by Senor Barborito 01/17/2005, 7:14pm PST NEW
                            Re: no more time to school you, I asked a lawyer. by Senor Barborito 01/17/2005, 7:33pm PST NEW
                                You're not a lawyer. I could care less what your opinion of case law is. by Just go away no one wants you here 01/17/2005, 9:11pm PST NEW
                                Re: no more time to school you, I asked a lawyer. by Choson 01/17/2005, 10:35pm PST NEW
                            Re: no more time to school you, I asked a lawyer. by Choson 01/17/2005, 10:32pm PST NEW
                                Re: no more time to school you, I asked a lawyer. by Creexul :( 01/17/2005, 10:44pm PST NEW
                                    I'm still waiting for a giant banner of that to grace the front page NT by When is that going to happen? 01/18/2005, 12:39am PST NEW
                                        The new front page by Fussbett 01/18/2005, 2:09am PST NEW
                                            if you click no it should also automatically call the DMCA and your mom (NT) by Kthor 01/18/2005, 8:21am PST NEW
                            Re: no more time to school you, I asked a lawyer. by I need clarification 01/18/2005, 4:26pm PST NEW
                            Re: no more time to school you, I asked a lawyer. by Commander Tansin A. Darcos 06/02/2013, 2:04am PDT NEW
        Re: A little note about the DMCA that people should know. by Commander Tansin A. Darcos 06/02/2013, 2:31am PDT NEW
    Re: I found archives of the first 9 months by Tony 01/17/2005, 3:20pm PST NEW
    Shut up, give them to ICJ, leave. by Bill Dungsroman 01/17/2005, 3:30pm PST NEW
        Time to mention of the GA gang: a record breaking several hours. (nt) by GA Gang. 01/17/2005, 3:44pm PST NEW
            I want a gang too :( NT by Mysterio 01/17/2005, 3:48pm PST NEW
            Can't you just focus your blame onto BDR? NT by We certainly do. 01/17/2005, 9:48pm PST NEW
        Re: Shut up, give them to ICJ, leave. by I need clarification 01/17/2005, 4:16pm PST NEW
            Re: Shut up, give them to ICJ, leave. by Bill Dungsroman 01/17/2005, 4:39pm PST NEW
                I don't give a damn on dead cockroach about you. >:[ NT by I need clarification 01/17/2005, 4:44pm PST NEW
                FYI by The Friends of spanky 01/17/2005, 4:54pm PST NEW
                    Re: FYI by Bill Dungsroman 01/17/2005, 6:33pm PST NEW
        Re: Shut up, give them to ICJ, leave. by Senor Barborito 01/17/2005, 5:14pm PST NEW
            Re: Shut up, give them to ICJ, leave. by Bill Dungsroman 01/17/2005, 8:00pm PST NEW
                Re: Shut up, give them to ICJ, leave. by Senor Barborito 01/17/2005, 8:50pm PST NEW
                    Re: Shut up, give them to ICJ, leave. by Bill Dungsroman 01/18/2005, 12:03am PST NEW
                        FRONTPAGE NT by Entropy Stew 01/18/2005, 12:47am PST NEW
                            SECONDED NT by Kab(uke) Seme 01/18/2005, 4:43am PST NEW
                            Oh, please by I need clarification 01/18/2005, 10:25am PST NEW
                                Shut your jewhole by Entropy Stew 01/18/2005, 1:08pm PST NEW
                                    I had no idea how you'd work "jew" into your post. Well played. NT by mark 01/18/2005, 3:22pm PST NEW
                                    Vichy Stew, as always, appeasing the SB/BDR reich. :( NT by I need clarification 01/18/2005, 4:16pm PST NEW
                                        In a single thread, you have managed to out-crazy SB and suck more dick than V by Entropy Stew 01/19/2005, 12:21am PST NEW
                                            No one has out-crazied sb. :( NT by Creexul :( 01/19/2005, 12:22am PST NEW
                                                Well, at least we agree about the cocksucking NT by Entropy Stew 01/19/2005, 12:44am PST NEW
                                So, how does it feel? by Bill Dungsroman 01/18/2005, 2:22pm PST NEW
                                    I noticed you didn't deny secretly IMing SB. NT by I need clarification 01/18/2005, 4:16pm PST NEW
                                        SECRET IM CONVERSATIONS, WHEN WILL IT END??? by Mysterio 01/18/2005, 6:30pm PST NEW
                                        I don't bother reading the boring cunty bullshit you type. Fuck you. NT by Bill Dungsroman 01/18/2005, 6:35pm PST NEW
                                            Haha, I don't need SB while I have BDR. NT by I need clarification 01/18/2005, 7:11pm PST NEW
                                            Ink is probably right though, you're constantly IMing sb at this moment. :( NT by Creexul :( 01/19/2005, 12:25am PST NEW
                                                Only crazy people use AIM. NT by whydirt 01/19/2005, 12:42am PST NEW
                                                This is the kind of thinking that guaranteed you an omega-level classload NT by Entropy Stew 01/19/2005, 12:42am PST NEW
                                                    What's omega-level? :( NT by Creexul :( 01/19/2005, 2:56am PST NEW
                                                        Re: What's omega-level? :( by Mister Helper 01/19/2005, 4:28am PST NEW
                                                            Well I'm in the same class and grade levels as everyone else. NT by Creexul :( 01/19/2005, 7:28am PST NEW
                                                No. NT by Bill Dungsroman 01/19/2005, 1:06am PST NEW
                                When, exactly, did you turn into a woman? NT by whydirt 01/18/2005, 5:08pm PST NEW
                                    I know you're kind of dim, whydurst, so I will assume you're referring to BDR by I need clarification 01/18/2005, 7:34pm PST NEW
                                        I'm referring to you, you dumb cunt. by whydirt 01/18/2005, 8:21pm PST NEW
                                            Wow, that's your second-best post this week (and by extension, ever) by I need clarification 01/18/2005, 8:34pm PST NEW
                                                Why doesn't anyone pay attention to MEEEEEEEEEEEEE. NT by I need attention 01/18/2005, 10:30pm PST NEW
                                                    They actually do. Or haven't you been paying attention? NT by I need clarification 01/18/2005, 10:33pm PST NEW
                                                        *clap* *clap* *clap* NT by Mysterio 01/19/2005, 7:39am PST NEW
                            That post was a Hulk transformation. by laudablepuss 01/18/2005, 8:39pm PST NEW
                                Don't you see? We need a foil! SB is it! by Zseni is too gay for it 01/21/2005, 5:46pm PST NEW
                        Senor Barborito: Homosayswhat muse? by Choson 01/18/2005, 6:51am PST NEW
                            Re: Senor Barborito: Homosayswhat muse? by chimp 01/18/2005, 3:50pm PST NEW
                Re: Shut up, give them to ICJ, leave. by Creexul :( 01/17/2005, 10:15pm PST NEW
            Re: Shut up, give them to ICJ, leave. by Creexul :( 01/17/2005, 9:59pm PST NEW
        Re: Shut up, give them to ICJ, leave. by Fussbett 01/17/2005, 11:15pm PST NEW
    Re: I found archives of the first 9 months by Ice Cream Jonsey 01/17/2005, 4:10pm PST NEW
        Re: I found archives of the first 9 months by Zseni 01/17/2005, 4:18pm PST NEW
        Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 5:31pm PST NEW
            Stop talking about legal liability. There is none in the situation you describe by Don't make me school you again. 01/17/2005, 5:45pm PST NEW
            Re: I found archives of the first 9 months by Ice Cream Jonsey 01/17/2005, 6:11pm PST NEW
                Re: I found archives of the first 9 months by Senor Barborito 01/17/2005, 6:31pm PST NEW
                    Re: I found archives of the first 9 months by Ice Cream Jonsey 01/17/2005, 6:52pm PST NEW
        Re: I found archives of the first 9 months by Chairman Mao 01/18/2005, 2:41am PST NEW
    How fucking insane was I to deal with this shit on a regular basis? by Entropy Stew 01/17/2005, 9:20pm PST NEW
        Also by Entropy Stew 01/17/2005, 10:10pm PST NEW
    Bipolar people: barely human. by Creexul :( 01/17/2005, 10:07pm PST NEW
    DMCA TERRORISM by Maxime Faget 01/17/2005, 11:00pm PST NEW
    here SB, you wanted to know why people still get mad at you? by Kapow 01/17/2005, 11:10pm PST NEW
    Re: I found archives of the first 9 months by Souffle of Pain 01/17/2005, 11:40pm PST NEW
        This will mysteriously get overwritten when the old posts are restored NT by Entropy Stew 01/17/2005, 11:49pm PST NEW
            Yeah, kind of regret posting that these days. NT by Souffle of Pain 07/06/2007, 7:23pm PDT NEW
    Talking points by foolio, late riser 01/17/2005, 11:45pm PST NEW
    Pretty huge, guys. Pretty huge. by Mysterio 01/18/2005, 2:09am PST NEW
    Moron. by The One, Natural One, Make It Easy 01/18/2005, 3:49am PST NEW
    What an asshole by Roop Dirump 01/18/2005, 5:00am PST NEW
    Something I forgot about until I read your post. by Fullofkittens 01/18/2005, 1:19pm PST NEW
        This thread has improved my opinion of so many posters. by Zseni 01/18/2005, 1:26pm PST NEW
            barbie is everybody's fat friend by Kthor 01/19/2005, 8:51am PST NEW
    Holy shit by Matthew Holland 06/02/2013, 4:19am PDT NEW
        Re: Holy shit by Roop 06/03/2013, 6:32am PDT NEW
 
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