Thread: DMCA Takedowns

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  1. #1 DMCA Takedowns 
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    Got a DMCA takedown for my SourceForge.net site today. Heard there was a few of these going around lately, thought I'd share.

    from SourceForge.net Support <[email protected]>
    to TOP SECRET!
    cc [Only registered and activated users can see links. ],
    [Only registered and activated users can see links. ]
    date Tue, Mar 16, 2010 at 11:55 AM
    subject Fwd: DMCA Notification - sourceforge.net [sg 15812]
    hide details 11:55 AM (6 hours ago)
    Hello,

    My name is Daniel Hinojosa; I am the Sr. Manager of Support for
    SourceForge.net. You are receiving this mail because you are the
    project administrator of the 'XXX' project, hosted by you on
    SourceForge.net. We have recently received the following (attached)
    DMCA request from a representative of Jagex Limited. (CC'd).

    When cases like this arise, we forward the mail to the project admin
    expeditiously. Please review this message carefully and follow-up as
    needed.

    Following our DMCA policy, we have disabled public access to your project.

    You can read the specifics about our DMCA compliance in our Terms and
    Conditions of Use page: [Only registered and activated users can see links. ]

    You can read our DMCA policy, including instructions for
    counter-notification at:
    [Only registered and activated users can see links. ]

    Thank you for your prompt attention to this serious matter.

    Sincerely,

    Daniel Hinojosa, SourceForge.net Support
    [Only registered and activated users can see links. ]

    ************************************************** ************************
    This email may contain confidential and privileged material for the sole
    use of the intended recipient. Any review or distribution by others is
    strictly prohibited. If you are not the intended recipient,
    please contact the sender and delete all copies.
    ************************************************** ************************



    ---------- Forwarded message ----------
    From: Copyright Mailbox <[email protected]>
    Date: Fri, Mar 12, 2010 at 2:44 PM
    Subject: DMCA Notification - sourceforge.net
    To: "[email protected]" <[email protected]>, "[email protected]"
    <[email protected]>, "[email protected]" <[email protected]>,
    "[email protected]" <[email protected]>


    To Whom It May Concern,



    Re:

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    [Only registered and activated users can see links. ]

    (“the Programs”, “the Projects”)



    I hereby certify under penalty of perjury that I am the owner or am
    authorised to act on behalf of the copyright owner. The information in
    the notification is accurate. I have good faith to belief that the use
    of the material identified below has not been authorised by the owner,
    its agents or the law.



    I represent Jagex Limited (“Jagex”), developer and publisher of
    massively multiplayer online games. Jagex has owned and operated
    RuneScape, the well-known online multiplayer adventure game, at the
    website [Only registered and activated users can see links. ] since 2001. There are currently over 5
    million active registered players of the game worldwide.



    Under the Digital Millennium Copyright Act we are hereby giving you
    notification that;



    Jagex Limited (UK registered company number 03982706) is the exclusive
    owner of the copyrights in and to the RuneScape massively multiplayer
    online game, the associated [Only registered and activated users can see links. ] website and the text,
    artwork, logos and other material appearing therein, except where
    otherwise stated.



    a) A full and representative list of the RuneScape material can
    be viewed at [Only registered and activated users can see links. ].

    The Programs are being used to circumvent measures that control access
    to copyrighted works as set forth in the Digital Millennium Copyright
    Act with the express intent of enabling users of the Programs to
    breach their contracts with Jagex.



    a) The Programs are used to emulate the official RuneScape game
    client and/or server functionality by circumventing the protective
    systems enacted by Jagex Limited.

    b) In providing the reverse-engineered and modified RuneScape
    clients or the server emulating software the Projects are committing
    contributory and vicarious copyright infringement, as well as they are
    encouraging others to breach their contract with Jagex Limited, the
    terms of which clearly state: “You must not use a modified/customised
    version of the client software or attempt to sub-license it. You must
    not create or provide any other means by which any Jagex Product may
    be played by others (including, without limitation, replacement or
    modified client/server software, server emulators).”



    c) Development and distribution of the unauthorized versions of
    RuneScape or illegitimate means of playing the game, as well as
    creation of its duplicates is infringing upon the intellectual
    property rights held by Jagex and negatively impacts the amount of
    RuneScape’s users, therefore causing us financial loss.



    Accordingly, Jagex requires that you act expeditiously to remove, or
    disable access to, the Programs listed above, as well as all other
    pages containing hypertext links and/or any other means of redirection
    to the infringing materials.



    Yours sincerely,



    Bogdans Stakins
    Copyright & Intellectual Property

    Jagex Ltd.



    St. Johns Innovation Centre

    Cowley Road

    Cambridge

    United Kingdom

    CB4 0WS



    [Only registered and activated users can see links. ]

    0844 588 6689

    [Only registered and activated users can see links. ] | [Only registered and activated users can see links. ]

    --

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    Jagex Limited is a company registered in England & Wales with company
    number 03982706 and a registered office at St John's Innovation
    Centre, Cowley Road, Cambridge, CB4 0WS, UK.
    I am in the position where I have alot of legal advice available to me, I have discussed this very thing on several occasions.

    This is basically what I understand: It is not illegal to write a server that emulates the features of the RS server, You are entitled to do that. It may be legal to even run the server, possibly even charge a fee (This is covered in the DMCA under interoperability, If you could show a good reason). It is however, legally risky to de-obfuscate, as circumventing any access control measures for our purposes is most likely illegal. And of course, Distributing their client, source code, obfuscated or not, their cache, is definitly Illegal.

    My source code does not contain any of theirs, I have no deobfuscated code, It doesnt circumvent any Access control measures, And I have not deobfuscated the software to reverse-engineer it. The most I have accomplished is a breech in their Terms & Conditions. Thats fine, I havent played the game in years.

    Jagex are just being total assclowns and SF.net are complete fucktards for supporting them. I've got a decent host that wont put up with this shit, So I'll put up a new SVN when I can be bothered.

    Has anyone else had these? Does anyone else know about the legalities of what we are doing? We have different laws here, the whole DMCA thing is new to me.
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  2. #2  
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    They don't use [Only registered and activated users can see links. ].
    Its Adlex solicitors, Jagex does not handle their own dirty work.
    Bogdans Stakins is a commonly used fake name, However it MAY be jagex.
    That e-mail is also a commonly used layout.

    Have sourceforge MAKE SURE that the e-mail came from Jagex servers.
    The 'Fake' DMCA is commonly used to take down servers who are too "scared" to stay and fight.
    The servers themselves use no codes at all, We only look for what to send, and send it. In my 2 years of RSPS, i have not gotten 1 DMCA notice. I even host a webclient for 508 currently.
    The reason they want to deal with a smaller server/project that is OPEN SOURCE is beyond me, As if they wanted to they could just go after a big server or even a whole RSPS site, Maybe they are taking down Weak servers first to leave only higher up ones for their law department to handle?
    Please don't add/pm me asking for RSPS help!

    Links:
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    - [Only registered and activated users can see links. ]

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  3. #3  
    Dragonboy FTW.


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    Quote Originally Posted by Nicole View Post
    They don't use [Only registered and activated users can see links. ].
    Its Adlex solicitors, Jagex does not handle their own dirty work.
    Bogdans Stakins is a commonly used fake name, However it MAY be jagex.
    That e-mail is also a commonly used layout.

    Have sourceforge MAKE SURE that the e-mail came from Jagex servers.
    The 'Fake" DMCA is commonly used to take down servers who are too "scared" to stay and fight.
    The servers themselves use no codes at all, We only look for what to send, and send it. In my 2 years of RSPS, i have not gotten 1 DMCA notice. I even host a webclient for 508 currently.
    The reason they want to deal with a smaller server/project that is OPEN SOURCE is beyond me, As if they wanted to they could just go after a big server or even a whole RSPS site, Maybe they are taking down Weak servers first to leave only higher up ones for their law department to handle?
    Agreed +1.
    Nutalie :coolface:
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  4. #4  
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    It is usefull to get a host in a country that won't coöperate with for example the UK law. Also you should be able to proove you have nothing illegal on your project, but the choice is up to you as it might become quite a shitty court fight.
    Afghanistan offers alot of good hosts, that will tell any foreign request to shut down your hosting to fuck off lol .
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  5. #5  
    Registered Member Himplx's Avatar
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    DO NOT host client on your own hosting/server, that's illegal... Just use file upload sites, and many of them (as they sometimes delete).

    Nothing that you write is illegal..
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  6. #6  
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    Quote Originally Posted by Nicole View Post
    They don't use [Only registered and activated users can see links. ].
    Its Adlex solicitors, Jagex does not handle their own dirty work.
    Bogdans Stakins is a commonly used fake name, However it MAY be jagex.
    That e-mail is also a commonly used layout.

    Have sourceforge MAKE SURE that the e-mail came from Jagex servers.
    The 'Fake' DMCA is commonly used to take down servers who are too "scared" to stay and fight.
    The servers themselves use no codes at all, We only look for what to send, and send it. In my 2 years of RSPS, i have not gotten 1 DMCA notice. I even host a webclient for 508 currently.
    The reason they want to deal with a smaller server/project that is OPEN SOURCE is beyond me, As if they wanted to they could just go after a big server or even a whole RSPS site, Maybe they are taking down Weak servers first to leave only higher up ones for their law department to handle?
    Yes it is [Only registered and activated users can see links. ], Jagex have an in-house lawyer.
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  8. #7  
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    they prob aimed at defyboy due to that he have the knowledge to edit the cache.

    they prob like if he can edit the cache then he have got full control over there client. also they cud be loading somethign from the cache that they don't want noone to find


    EDIT i heard jagex have been closing down loads of sites mostly bot sites

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  9. #8  
    Registered Member Himplx's Avatar
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    Quote Originally Posted by Flamable View Post
    they prob aimed at defyboy due to that he have the knowledge to edit the cache.

    they prob like if he can edit the cache then he have got full control over there client. also they cud be loading somethign from the cache that they don't want noone to find


    EDIT i heard jagex have been closing down loads of sites mostly bot sites
    If you can edit a client, means you can make botscript..
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  10. #9  
    brb ridin da storm

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    I got two of them, both for separate SourceForge projects.

    Developing an open-source emulator that doesn't have any of their copyrighted content is not illegal. The act of hosting an emulator, allowing players to perform piracy (playing the full game without paying members) and/or distributing their client is illegal - but simply developing an emulator is not.
    rest in peace Qemist, Izzy, TeChNo PuNk, Impulser, & bootnecklad
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  11. #10  
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    Quote Originally Posted by Nicole View Post
    They don't use [Only registered and activated users can see links. ].
    Its Adlex solicitors, Jagex does not handle their own dirty work.
    Bogdans Stakins is a commonly used fake name, However it MAY be jagex.
    That e-mail is also a commonly used layout.

    Have sourceforge MAKE SURE that the e-mail came from Jagex servers.
    The 'Fake' DMCA is commonly used to take down servers who are too "scared" to stay and fight.
    The servers themselves use no codes at all, We only look for what to send, and send it. In my 2 years of RSPS, i have not gotten 1 DMCA notice. I even host a webclient for 508 currently.
    The reason they want to deal with a smaller server/project that is OPEN SOURCE is beyond me, As if they wanted to they could just go after a big server or even a whole RSPS site, Maybe they are taking down Weak servers first to leave only higher up ones for their law department to handle?
    When Jagex sent my a DMCA email when I was hosting my 523 (which I confirmed was sent from them), it was [Only registered and activated users can see links. ].
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