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Unread 11-08-2004, 11:37 PM   #1
Joe
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Default Attention : Snap Posters Please Read Asap - Legal Notice!!! (11/08/04)

Folks.

I today recieved this letter from Adaptec:
Quote:
By email and courier/overnight delivery

Joe Kelly
ProCooling.com
2899 XXXXXXX XXXXX
XXXXXXXXX, WI XXXXXXXX

Dear Joe:

Please be advised that I am corporate counsel for Adaptec, Inc.

It has come to our attention that one of ProCooling.com’s members, “rami” (member ID No. 7274) is currently distributing unauthorized copies of Adaptec's copyrighted software, SnapOS 4.0, by posting a link to the ftp download directly from your message board/forum. This conduct constitutes copyright infringement which may result in significant penalties and attorney's fees under the U.S. Copyright Act.

Request is hereby made that you immediately remove any and all of rami’s messages containing the link or the links which are directed to this ftp site. Please confirm actions taken in this regard no later than noon PST Tuesday, November 9, 2004. If the links are not removed as requested, we shall proceed accordingly based on your failure to take reasonable remedial action upon actual notice and knowledge of the infringement.

Please do not hesitate to call or write with any comments or questions. Thank you for your immediate attention to this matter.

Very truly yours,
Judith A. Player
++++++++++++++++++++++++++++++++++++////
Judith A. Player
Attorney
Adaptec, Inc.
691 South Milpitas Boulevard, M/S 120
Milpitas, CA 95035
Tel. No. 408 957 7804
Cell No. 510 673 1280
Fax No. 408 957 7137
Cell No. 510 673 1280
Email: judy_player@adaptec.com
Alternative email: judy@jplayerlaw.com

So some steps will need to be taken. I am against internet censorship and am also against it being MY responsibility to moderate all these threads.

Please post a reply on ideas or comments.
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Last edited by Joe; 11-09-2004 at 12:00 AM.
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Unread 11-09-2004, 12:01 AM   #2
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I edited Rami's posts in question to remove specific details about the file shares in question. If anyone has questions about them I would reccomend emailing him directly.
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Unread 11-09-2004, 02:14 AM   #3
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"Judith A. Player" - "joojust a player"

I'm sorry, but what a name for an attorney makes you wonder how legit the email was
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Unread 11-09-2004, 08:11 AM   #4
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To Adaptec and others:

You think you can stop filesharing?
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Unread 11-09-2004, 08:30 AM   #5
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This is a very localized situation: how many people on the forums have snap! servers? 4-5 maybe?

I dont get it...
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Unread 11-09-2004, 08:50 AM   #6
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what does "localized" have to do with anything ?
think copyright protection
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Unread 11-09-2004, 08:56 AM   #7
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True, but there are bigger fish to fry....
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Unread 11-09-2004, 08:56 AM   #8
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on the other hand why is it my issue that a link is posted? Last I checked hyperlinks werent copywrited, and their destination is not my responsibility.

If the file isnt hosted here its not my problem. thats how I see it. They are grasping at straws here. I am guessing they tried his host and couldnt get through there.
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Unread 11-09-2004, 09:26 AM   #9
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Looks like a scare tactic to me. The worst they could do is subpoena you to hand over Rami's IP addy so they could go after him directly (if they got the FTP addy they don't even need to do that). Your forum is just the way to the crime, not the crime itself. Nothing they could do IMO.
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Unread 11-09-2004, 10:10 AM   #10
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I think you need to reread the DMCA. According to that beautiful act of US congress I believe you CAN be found liable if you refuse to pull links to information such as this.

They went after the people who sold t shirts with the deCSS code on them didn't they?

As for legal defense on internet matters, I suggest www.somethinglawful.com

After all, Internet is serious business
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Unread 11-09-2004, 11:16 AM   #11
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I say.. BRING IT ON.... "Biatch" oh and a deadline to meet....For crying in a bucket, What if Joe is busy with important stuff.... like LAN parties!!!!

I'm with Joe on who's responsibility it is, or more to the point, "IS NOT"... Can hardly imagine anything with teeth to fly from the allies of justice as a result of someone posting a link to a file on some far far away Bangladeshi server...., I mean how easy do they think they can have life...

Not to miss the copyright infringing act being committed, as a copyright holder of a number of Commercial applications myself, I do very well understand and sympathize with the problem. Just that I kinda sorta absolutely despise lawyers and the way they do things....
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Unread 11-10-2004, 12:28 AM   #12
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Default Snap OS is BSD sooo....

How much of their licensing violates BSD licensing? There is no reason whatsoever for an enthusiast to pay 160 or so dollars for support they don't need in order to pay for a slightly updated version that touts improvements based on upgraded Samba code in BSD! Guardian OS is based on Linux but they advertise that. We need to send them a pack of wolves in response to the dogs they sicked on us!
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Unread 11-12-2004, 03:58 PM   #13
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i got my letter today, the 12th says that files have to be removed from "snap.ismybitch.com" by the 10th, the files have been removed since the first letter was sent to Joe.

the odd thing is my letter was from another lawyer/lawfirm all together



Quote:
Originally Posted by Joe
Folks.

I today recieved this letter from Adaptec:



So some steps will need to be taken. I am against internet censorship and am also against it being MY responsibility to moderate all these threads.

Please post a reply on ideas or comments.
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Unread 11-12-2004, 04:59 PM   #14
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Hum... would it be cool to post instructions to get to the file? I mean, without an actual link...

I wonder.
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Unread 11-12-2004, 05:01 PM   #15
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you are an ass Ben
would it be cool to encourage copyright violations ?

shit Ben, thiMk
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Unread 11-12-2004, 05:20 PM   #16
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serious business indeed
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Unread 11-12-2004, 11:42 PM   #17
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Quote:
Originally Posted by pHaestus
I think you need to reread the DMCA. According to that beautiful act of US congress I believe you CAN be found liable if you refuse to pull links to information such as this.

They went after the people who sold t shirts with the deCSS code on them didn't they?

As for legal defense on internet matters, I suggest www.somethinglawful.com

After all, Internet is serious business
I don't know. I think you could easily smack them around in court. Joe isn't committing the crime, the people that click the link, download the software, and then use the software are committing the crime. Joe isn't posting code to software he just allowing the pointing of direction to were the T-Shirts can be had. How the hell is that a crime? Is it a crime to point someone to Kassa or any other P2P network that has millions of copyrighted items downloaded a day?

I tell you what if Joe would have been found guilty then our justice system is pretty ****ed up. With the this DMCA logic anyone that gives means to a item that causes a crime is guilty of a crime. That's not a good thing.

I am with unregistered though on the copyright issue.
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Unread 11-13-2004, 12:44 AM   #18
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Its not a matter of whos right, its a matter of who has the most money to fight it out in court.
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Unread 11-14-2004, 10:50 PM   #19
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http://server.risinghost.com/suspended.page/

hehe thats the page you get if you go to snap.ismybitch.com now hehe.

0wned
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Unread 11-15-2004, 02:16 AM   #20
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Quote:
Originally Posted by Joe
http://server.risinghost.com/suspended.page/

hehe thats the page you get if you go to snap.ismybitch.com now hehe.

0wned
yea i setup a new mailserver temp for tonight and will have my domain running on my own server (at my own colo rack) i was hosting on a friend's server before this. atleast i didnt loose any mail i guess
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Unread 11-15-2004, 07:41 AM   #21
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Adaptec is gonna win this if for no other reason than they have many precedent court decisions to back them up.

ProCooling could be taken down because of this if Joe doesn't take some action, so all the chesting pounding that's been happening in this thread is just hurting the site.

IMHO, nobody should be distributing copyrighted software in any form unless they have permission to do so from the copyright holder. In this case, rami evidently doesn't have such permission. If he wishes to persist in this endeavor, he should do so privately through email or IM. However, it would be wise for rami to just desist as requested because Adaptec will try to entrap him at some point if they think he's still sharing their software.

I know it's not a pretty picture, and it's a damn bitter pill to swallow, but the simple fact is that it's the best course of action.

There are better (legal) ways to get even with Adaptec if you feel the need.
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Unread 11-16-2004, 07:05 PM   #22
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Only one doing chest pounding is Adaptech.
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Unread 11-16-2004, 10:21 PM   #23
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There was chest pounding?
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Unread 11-17-2004, 12:10 AM   #24
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I know I was for sure
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Unread 11-17-2004, 07:18 AM   #25
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If Adaptec invents a law suit and invokes the DMCA, ProCooling could be in for rough times. If I were Joe and I was running a site that truly important (like ProCooling is), I would be quick to put the matter to rest before I got caught up in corporate legal crap. Besides all that...

All a Snap server does is serve up drive space, right? If it were me, and Adaptec starting making noises like this, I would do my best to discourage people from buying SNAP servers, and come up with and publicly document a way to build your own Linux-based Snap-alike server without all the arbitrary OS-induced limitations designed to force you to upgrade from Adaptec. On top of that, you'd get RAID support and be able to install as much memory and hard drive space as you could possibly need/want/afford, and for a lot less money than buying a Snap server. And with the case-building talent I've seen here, it's not a big stretch to assume that all this stuff could be placed into a relatively small box (or at least a well-lighted one).

Forest / trees, guys - that's all I'm saying.
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