19 September 2001. Comments welcome. Send to jya@pipeline.com
Date: Wed, 19 Sep 2001 14:08:55 -0600 From: Verio Legal Department <legal4@verio.net> To: John Young <jya@pipeline.com> Subject: Re: cryptome.org - Notification of DMCA Copyright Infringement Thank you for your prompt response.
To: Verio Legal Department <legal4@verio.net> From: John Young <jya@pipeline.com> Date: Wed, 19 Sep 2001 15:59 -0700 Subject: Re: cryptome.org - Notification of DMCA Copyright Infringement Dear Legal Department, The file, http://cryptome.org/homormon.htm, has been removed. Regards, John Young Cryptome
Date: Wed, 19 Sep 2001 13:45:26 -0600 From: Verio Legal Department <legal4@verio.net> Organization: Verio Inc. To: jya@pipeline.com Subject: Re: cryptome.org - Notification of DMCA Copyright Infringement Dear Mr. Young, This letter is to inform you that we have received proper notification under the Digital Millennium Copyright Act (DMCA) regarding copyright infringement on your site. Please remove the infringing materials by Thursday, September 20, 2001, or we will be required by the DMCA to disable your entire site, http://www.cryptome.org. To read the DMCA, please see the link to the Act on http://lcweb.loc.gov/copyright/onlinesp/ . Sincerely, Legal Department VERIO Inc. > -------- Original Message -------- > Subject: Re: cryptome.org - Notification of DMCA Copyright Infringement > Date: Wed, 19 Sep 2001 10:52:24 -0600 > From: "Stephen Bean" <SBean@kmclaw.com> > To: <legal4@verio.net> > > This letter is to notify you that your network is contributing to > copyright infringement in violation of the Digital Millennium Copyright > Act ("DMCA") at the following Internet location: > > Web Page http://cryptome.org/homormon.htm > IP Address 216.167.120.50/homormon.htm > > We represent Intellectual Reserve, Inc. ("IRI"), the owner of the > copyright in an original work titled "Understanding and Helping > Individuals with Homosexual Problems." IRI has a good faith belief that > the material posted at this site is a reproduction of its copyrighted > work and that IRI, its agents, or the law has not authorized this > reproduction. > > We determined your involvement in this matter by running a trace route > utility on the above web address, which yielded an IP address of > 216.167.120.50. It is our understanding that Verio, Inc. maintains the > netblock 216.167.0.0 - 216.167.127.255. > > In accordance with United States copyright law, we ask that you > immediately remove or disable the aforesaid infringing web page. The > posting of this copyrighted material on your network is in clear > violation of the DMCA. See, 17 U.S.C. § 512(c). > > We request a response from you as to your intentions no later than > Friday, September 21, 2001, at which time we will advise IRI of its next > course of action against the proprietor of the web site and any persons > or entities knowingly facilitating this infringement. > > The information in this notification is accurate and I attest, under > penalty of perjury, that I am authorized to act on behalf of IRI, the > owner with exclusive rights to the aforesaid work. > > > Sincerely, > > KIRTON & McCONKIE > > /s/ Stephen H. Bean > > Stephen H. Bean, Esq. > Kirton & McConkie > 1800 Eagle Gate Tower > 60 East South Temple > Salt Lake City, Utah 84145-0120 > (801) 323-5941 direct > (801) 328-3600 main > (801) 321-4893 fax
From: B
To: jya@pipeline.com
Date: 19 Sept 2001
My questions will be pointed, but they are not intended to be hostile. Cryptome says:
"Documents are removed from this site only by order served directly by a US court having jurisdiction."
But:
"Dear Verio Legal Department,The file, http://cryptome.org/homormon.htm, has been removed."
Have Verio lost their nerve? Do they no longer support you? If someone mirrors the original "homormon.htm" file, will you post links to it? I, for one, found this particular document very interesting reading. Unfortunately, I think the new version of the page has clobbered it from my browser's cache.
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To: B
From: jya@pipeline.com
We've responded to two DMCA notices from Verio, this is the second (see first: http://cryptome.org/dvd-hoy-reply.htm). And we use the cases as fuel for the controversial info-protection racket. If the plan works, the removed doc will get even more attention now. I suspect the Mormons want more attention for their homosexual therapy, it could have been one of them who sent it to us. The document is widely available, and it was not just on Cryptome. Its withdrawal will likely promote it.
Want to help? Go see Google's cache of the doc before the Mormons get to it, or if it is not there, post a request for a copy on the Net, or raise cain some other way. Send us information on what happens. If you find the doc hosted somewhere send us the URL.
Verio has been very good about docs that govs want removed, and have refused to shut us down on two previous occasions with that type. Those are the ones our nosethumb statement is intended to attract.
If we get a Verio notice about a gov doc, threatening to shut us down if it is not removed, then we will give Verio a lot of free publicity, not just the diddly kind they seem to like now.