6 ms·
Ask YC: Apple sent me a takedown notice - what should I do?
Apple recently sent my wiki a takedown notice regarding content a user contributed. The backstory just got picked up on slashdot: http://yro.slashdot.org/article.pl?sid=08/11/20/201246&from=rss
It's the policy of the wiki to embrace free speech where-ever possible. Does anyone have any experience fighting this kind of stuff? I don't even know a lawyer that could advise me on what my rights are as a host and/or how much it would cost to contest it.
Slashdotters seem to think the letter isn't legit (http://tinyurl.com/fakedmca), but obviously slashdot comments won't sway a judge.
- boucher 18y agoTalk to a lawyer. Someone on hacker news can direct you to someone with experience in this area. Reach out to contacts you might have yourself. Personally, I wouldn't take anything down without talking to a lawyer first.
- jgfoot 18y agoI agree. Slashdot is not an adequate substitute for people who know what they are talking about.
- apgwoz 18y agoI know the EFF is small, and maybe doesn't have the resources to offer advice, but might that be an option? (http://eff.org http://eff.org)
- lutorm 18y agoI think they explicitly say that they offer advice for these situations, so it's certainly worth a shot.
- axod 18y agoThey gave some good advice to me when I was threatened with being sued by Archos a few years ago, so I'd definitely recommend talking it over with them to see where you stand.
- DenisM 18y agoAnd for those of us with income: don't forget to donate to EFF. http://www.eff.org/support http://www.eff.org/support My employer matches any donations 1:1, so be sure to check with yours.
- wmf 18y agoSome resources if you don't go the lawyer route: http://www.chillingeffects.org/question.cgi?QuestionID=132 http://www.chillingeffects.org/question.cgi?QuestionID=132 http://www.chillingeffects.org/dmca/counter512.pdf http://www.chillingeffects.org/dmca/counter512.pdf http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html
- LPTS 18y agoYou need to talk to a lawyer and protect your interests. If you are sophisticated, you could concurrently make sure the info leaks everywhere. Get an anonymous friend to go to a computer workspace at a library (preferably in another geographic area, and not leaving a record of the communication) and cut and paste it to wikileaks and anyone who would spread it. Information needs to be free, and you have the power to make it free anonymously, and the ethical obligation to destabilize established powers. But as for your site, martyrs are useless, protect your interests. You do not want to be involved in a lawsuit with apple, even if you win a few months later. For an individual, being on the winning side of a court battle with apples money and lawyers is still losing proposition. For your ethics, anonymously get someone else to leak the content, and smoke a bowl and smile when you send apple a letter that says of course you'll comply, you are sorry, you love your 4 macs, and could they send you a signed picture of Steve Jobs, again you are sorry, and complied just as soon as you stopped crying for possibly upsetting steve jobs. In football, this is called punting, and you do it because if you play, worse things could happen that aren't worth risking.
- cabalamat 18y agoThat reminds me why I never buy from Apple. Or anyone else who wants to take away my freedom.
- axod 18y agoI had an email from Archos threatening to sue me when I was developing an open source alternative to their firmware on the Archos handheld video players. I reverse engineered their firmware format and started on a new firmware. The EFF were helpful and gave some free advice over the phone, though mainly it was emails back and forth between me, and the Archos CEO that seemed to 'resolve' it. I think they realized they didn't really have anything to fear with an alternate firmware, and got tired of paying a lawyer to email me. These companies aren't taking anyones freedom away, they're just being big companies protecting their interests.
- cabalamat 18y agoThese companies aren't taking anyones freedom away, they're just being big companies protecting their interests. The first part of this sentence is not true. It also doesn't follow from trhe second part. If I bought an iPod or iPhone I'd want the freedom to use it however I like. This includes the freedom to program it, or run someone else's software on it. If Apple don't like that, they should sell electronic devices in the first place -- once they have sold them they have no moral right to decide how they are used. Apple and other vendors attempt to lock down hardware and software with DRM. The whole point of DRM to to remove people's freedom; therefore Apple clearly are taking people's freedom away.
- jgranby 18y agoThe whole point of DRM to to remove people's freedom; therefore Apple clearly are taking people's freedom away. No, it's not. Apple don't use DRM because they're anti-freedom. Is this really what you're suggesting? That Apple looked at DRM and thought, "Hey, what a great way we can take away some freedom, let's do that!"? They do it to protect their interests against competitors, pirates, etc. Perhaps they don't need to take all the measures they do, and opening things up a bit more wouldn't harm them. But they're perfectly entitled to try to stop people from doing these things.
- crabapple 18y agomove your servers to venezuela and tell them to fuck themselves
- wesley 18y agoAnd make sure your domain is not with godaddy.
- t0pj 18y agomake sure your domain is not with godaddy Can you elaborate? References? Personal experiences?
- joshwa 18y agohttp://nodaddy.com/ http://nodaddy.com/
- woodsier 18y agoI've actually been looking for a decent domain service to transfer my 50 or so godaddy domains to.. Any suggestions guys?
- modoc 18y agoI love Joker personally. I can't speak to their resistance to corporate pressure, but they've been a great company to deal with.
- vlad 18y agoSee my post here on how to get $7.75 domain names without hassle: http://news.ycombinator.com/item?id=340826 http://news.ycombinator.com/item?id=340826 EDIT: Here's a link that will give me about 70 cents of your first order (I've been recommending them here for almost a year, so I'm curious to see if people will sign up, etc.) http://www.dynadot.com/?s7h8k6z57v36m8e http://www.dynadot.com/?s7h8k6z57v36m8e
- 18y ago
- gojomo 18y agoIt's easy enough to find out if the letter is legit with a few phone calls and consultation of reliable phone directories.
- andrewf 18y agoThe DMCA has certain requirements about taking stuff down in response to a claim. There is also a provision for restoring content in the event of a counterclaim. All of this was designed in the context of copyright infringement by a third party, while you are have an (alleged) circumvention device and are self-hosting, so I'm not sure how that would apply. In any event, you should consider taking content down (including wiki history etc) until you have received legal advice. It would suck if you were ultimately in a position to prevail, but ended up in trouble over procedural technicalities. IANAL (or even in the US!), etc.
- paul9290 18y agoEither way congrats on the publicity. Hopefully this is all serendipitous!
- tptacek 18y agoFairplay DRM I get. C&D's for reverse engineering for interoperability purposes --- something specifically allowed by the DMCA --- I don't get.