September 20, 2007

• Because it amuses me.

  P2P sites ridicule MediaDefender takedown notices in wake of e-mail leak
  Published: September 19, 2007 – 10:27AM CT

  Peer-to-peer (P2P) poisoning company MediaDefender has sent a flurry of takedown notices and legal threats to P2P web sites that are facilitating the propagation of a 700MB archive of internal MediaDefender e-mail that was leaked onto the Internet this week. The e-mails, which were obtained by a group that calls itself MediaDefender-Defenders, reveal that the company attempted to deceive the public after the disclosure of its affiliation with the MiiVi site and was providing information about file-sharing network users to the New York State Attorney General’s office.

  MediaDefender is now in damage control mode and hopes to slow the spread of the e-mails by intimidating P2P site operators. MediaDefender is represented by Sheppard, Mullin, Richter & Hampton (SMR&H), which is recognized one of the top law firms in the United States. The P2P sites are unimpressed with the empty threats.

  Although MediaDefender president Randy Saaf was eager to tell us a fabricated cover story after the MiiVi incident, MediaDefender has not responded to our numerous requests for comment this week. Similarly, the New York General Attorney’s office has declined to provide a response to our inquiries. MediaDefender has, however, contacted several popular P2P sites, including isoHunt, which provided us with a complete record.

  “Despite security precautions by our client, a person or persons illegally accessed MediaDefender’s email and other files,” says a cease and desist notice sent to isoHunt and seen by Ars. In the notice—which cites various sections of the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and the California Computer Data Access and Fraud Act—SMR&H attorney Robert S. Gerber requests that isoHunt “immediately and permanently cease and desist from posting, distributing or otherwise making available MediaDefender’s trade secrets and confidential information.”

  The popular P2P site’s formal response to SMR&H is filled with caustic wit and considerable legal expertise. “If Mr. Gerber is truly as experienced in IP law as his bio claims he is,” asks the isoHunt administrator in his response, “why is it that he is incapable of composing a DMCA takedown notice as per USC Title 17 Section 512?” The isoHunt administrator explains that Gerber failed to adequately specify the allegedly infringing content as required by law. The administrator also helpfully provides a link to a valid sample complaint so that SMR&H will be less likely to send the improper information in their second attempt. The following is an excerpt of the isoHunt administrator’s response:

  “This e-mail serves as a counter notification under USC Title 17 Section 512 (c)(3)(A)(iii) that you have failed to properly identifying links to content that allegedly infringes your copyright/trademark/rights (or, in this case, has something to do with really embarrassing trade secrets *and* employee social security numbers) AND you have failed to address your e-mail to the appropriate agent, namely copyright@isohunt.com, so I invite you and your clients to take a long walk off a short pier, since you and/or your clients might actually manage to NOT get something that simple wrong.”

  In closing, the isoHunt administrator says that the he will comply with the request if it is properly submitted. “Despite us being located in Canada, if you do actually figure out how to compose a valid DMCA notice, we will honor it,” he concedes, “just as soon as we’re done laughing at you.”

  Torrent site Meganova received an identical letter from SMR&H, but responded publicly and with a bit less civility. “Dearest little asstunnels, Let me start off by thanking you for your pitiful attempt to have your e-mails removed from the entire internet,” Meganova’s response says. “In case you haven’t noticed, this site is located in Europe (I hope you can point it out on a map) where your stupid copyright claims have no base. But fair is fair you guys did suffer over the past week so here’s bit of advice to you guys: F*** you! F*** you again! F*** you again and again and again!” (I’m guessing that an “asstunnel” is what you get when a European whose first language isn’t English tries to say “asshole.” It seemed awkward when I first read the response, but the expression has since grown on me.)

  A web site named after the organization behind the leak, MediaDefender-Defenders, has set up HTML archive that includes all of the e-mails, largely uncensored, but with minor modifications to protect MediaDefender employees from identity theft. The site also published an e-mail allegedly sent by Saaf himself. “I am the CEO of MediaDefender,” the message says. “We have begun our civil and criminal investigations into the stolen e-mails from our company. We are meeting with the FBI on monday. Your IP address has been logged. I hope it was worth the thrill.”

  The site has been running intermittently since its launch, and the disruptions are thought to be the result of massive traffic coupled with a denial of service attack apparently launched by MediaDefender.

  Attempting to stop the spread of the e-mails is an exercise in futility at this point. MediaDefender’s entire business model has been based on recognition of the inescapable fact that litigation cannot stop the spread of content on the Internet, so it is ironic that the company has turned to legal threats. In the past, we have seen attempts to stifle the dissemination of information on the Internet backfire and compel activists to promote broader distribution. Given that reality, MediaDefender might want to lay off of the threats for the time being.

  ** Edit: 9.21.07 @ 5:52a **

  “I wonder how many people never cheated on a test throughout school whether it be elementary, high school, or college…or plagiarized while doing a report..or cheated on a girlfriend, boyfriend or spouse. I bet that 1% of people have never cheated. Many people have cheated a couple times in high school…does that mean they should have their diploma taken away? I personally saw about 50% of my classmates cheat in one way or another…whether it was writing on the hand, programming answers into a graphing calculator, or glancing at someone else’s test…do you brand them cheaters forever? How many people have lied to their boss about being sick to get a day off? Are they to be branded a liar forever? I personally can’t judge him for cheating because I’m not perfect and that would make me a hypocrite, and I believe that anyone who has cheated but demand for belichick to be lynched is a hypocrite.”

  While I don’t condone what they’ve done, the fact of the matter is they’ve been punished for it. All teams in the NFL cheat, they all do. Some might not be as brazen as the Pats, but if you’ve been watching ESPN J. Johnson, Madden, etc. Hall of Fame coaches, have admitted to rampant sign stealing.

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