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Nah. Bird is a high profile startup with lawyers who know exactly what kind of BS they're peddling, and have likely successfully intimidated smaller blogs in th

by GuiA 8y ago

Nah. Bird is a high profile startup with lawyers who know exactly what kind of BS they're peddling, and have likely successfully intimidated smaller blogs in the past with those same tactics. Boing Boing + EFF are 100% right to make this interaction very visible, so others can learn 1) how slimy Bird is, and 2) how to respond to it if they find themselves in a similar position but do not have the means to get a proper lawyer/organization like the EFF on their side in a timely manner. The ESR thing is an internet tough guy interacting with a tech recruiter trying to fill his quota, a much different situation.

tptacek 8y ago
I think all I'm saying is that they probably could have done this without EFF's public help, since, again, it's just a bogus DMCA takedown notice. For however "high-profile" they are and however competent their lawyers are, this is a form letter, sent by someone who doesn't even know what Boing Boing is.
- cortesoft 8y ago
  Right, but I think the point of the article is to admonish Bird for sending bogus DMCA take down notices. The EFF might be overkill, but it makes for a good story and generates more interest in the real story, which is that Bird is sending bogus takedown notices.
- tlynchpin 8y ago
  Your parent comment mentioned "one of your users" which I can only take as disingenuous since the full second sentence of Bird's letter to the mutants begins "Specifically, one of your users, Cory Doctorow, is promoting ...". While perhaps some rando HN commenter can profess to not know what an "ESR" is (above, and sure ok fine, insert xkcd here), it doesn't seem likely that Bird doesn't know what a Boing Boing / Doctorow is. But even if they stamped out a boilerplate takedown with Linda Kwak's attestation that she has ".. a good faith belief, and do[es] solemnly and sincerely declare .." then it's on her, that's the rules of the DMCA takedown game, don't hate the players. It seems far more likely that Bird knows full well what they were getting into here. If you are reading this I urge you to go to eff.org and smash that donate button.

by GuiA 8y ago

tptacek 8y ago

I think all I'm saying is that they probably could have done this without EFF's public help, since, again, it's just a bogus DMCA takedown notice. For however "high-profile" they are and however competent their lawyers are, this is a form letter, sent by someone who doesn't even know what Boing Boing is.

cortesoft 8y ago
Right, but I think the point of the article is to admonish Bird for sending bogus DMCA take down notices. The EFF might be overkill, but it makes for a good story and generates more interest in the real story, which is that Bird is sending bogus takedown notices.
tlynchpin 8y ago
Your parent comment mentioned "one of your users" which I can only take as disingenuous since the full second sentence of Bird's letter to the mutants begins "Specifically, one of your users, Cory Doctorow, is promoting ...". While perhaps some rando HN commenter can profess to not know what an "ESR" is (above, and sure ok fine, insert xkcd here), it doesn't seem likely that Bird doesn't know what a Boing Boing / Doctorow is. But even if they stamped out a boilerplate takedown with Linda Kwak's attestation that she has ".. a good faith belief, and do[es] solemnly and sincerely declare .." then it's on her, that's the rules of the DMCA takedown game, don't hate the players. It seems far more likely that Bird knows full well what they were getting into here. If you are reading this I urge you to go to eff.org and smash that donate button.