Penis picture is now a DMCA violation!

[Fyodor <fyodor () insecure org>]

Remember the guy yesterday who threatened to report me and my ISP to
the FBI unless a small picture of a penis was removed from the
fulldisclosure archive[1]?  Since I don't particularly want a penis
picture on my site anyway, I responded to him stating that I would
remove it if he either provides evidence for his contention that the
subject is a minor, or if he just asks nicely for it to be removed.

I'm still stunned by what happened next ...

Today he[2] sent a DMCA takedown notice to abuse@[various domains],
claiming that the picture violates his copyrights.  So wait a minute
... yesterday the image was revolting and illegal kiddie porn worthy
of FBI enforcement, and today he is the copyright holder for the photo
and entitled to "$150,000 for each infringement"?!!

What a loon!

This seems to all be coming from Michael Crook, who is so notorious
for sending bogus DMCA takedown notices that the EFF is suing him for
it[3].  There is also a good background article about his antics on
BoingBoing[4] (he sent them a DMCA takedown for the image of his face
on top of that page).

The takedown letter is signed "Scott Delaney", but that isn't fooling
anyone.  He forgot to change the 2nd paragraph which talks about
"infringements against Michael Crook".  And he tried to cleanse an
email address near the end, but screwed up.

A Google search shows this guy has tons of enemies, so I thought
perhaps this was a forgery by someone wanting to frame Michael.  After
all, it seems unbelievable that anyone could be *this stupid*!  I
tried calling the phone number in the notice and just got voice mail
with no ID.  But from the mail headers, it looks to be legitimately
from 'evilandmean () gmail com' (sounds like such a nice fellow!), and a
Google on that shows that Michael seems to control the address.  So I
think this really IS from Michael and he actually IS this dumb.

Michael:  I hope the EFF lawyers skewer you!

-Fyodor

[1] http://seclists.org/nmap-dev/2007/q1/0059.html
[2] Well, a different gmail acct., but seems like the same guy
[3] http://www.eff.org/news/archives/2006_11.php#004976
[4] http://www.boingboing.net/2006/11/02/michael_crook_sends_.html

----- Forwarded message from BC <evilandmean () gmail com> -----

Date: Thu, 18 Jan 2007 23:37:49 -0500
From: BC <evilandmean () gmail com>
To: abuse () seclists org, abuse () insecure org,
        hostmaster-seclists () insecure org
Subject: Copyrighted Material

January 18, 2007

To Whom it May Concern:

It has come to our attention that you, or a website which you host, perform
DNS services for and/or act as registrar for, are publishing material which
is in violation of 17 *U.S.C. 101 et seq*.  Pursuant to *17 U.S.C. Section
504(c)(2)*, we reserve the right to pursue statutory damages of up to and
including $150,000 *for each infringement* if this matter is not immediately
resolved.

Furthermore, it is demanded that you immediately cease the publication
and/or dissemination of the infringing material, described below, and desist
from any and all further copyright infringements against Michael Crook
and/or Michael Crook Internet Properties.  If you are the host, DNS
provider, and/or registrar, it is requested that you immediately disable the
infringing content and/or account/domain, if needed and/or deemed fit in
this case, to prevent further copyright infringement and the liabilities
therein.

Pursuant to Title II of the* Digital Millennium Copyright Act of
1998*("DMCA"), namely, the Online Copyright  Infringement Liability
Act, you are
therefore and hereby notified that certain potential copyright infringing
materials are currently published and/or hosted by you, or are under your
care, custody, and control in your capacity as an online service provider
("OSP"). This letter serves as written notification of claimed infringement.


As required by § 512(c)(3)(A)(i-vi) of the DMCA, the following information
is provided concerning the claimed infringement:

(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right  that is allegedly infringed.
This signature appears below.

(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit the
service  provider to locate the material.

Ihttp://seclists.org/fulldisclosure/2006/Dec/att-0158/mCrook_jpg

(v) A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.

*I have a good faith belief that use of the copyrighted materials described
above as*

*allegedly infringing is not authorized by the copyright owner, its agent,
or the law.*



(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.



*I swear, under penalty of perjury, that the information in the notification
is*

*accurate and that I am the copyright owner or am authorized to act on
behalf of the*

*owner of an exclusive right that is allegedly infringed*.

* *

The DMCA further provides that the OSP shall fall within the safe harbor
provisions of the Online  Copyright Infringement Liability Act *only if it
complies with this notification procedure*. Specifically, the Act states
that upon obtaining knowledge or awareness of the copyright infringement,
the OSP *must act expeditiously to remove, or disable access to, the
material*. See §§ 512(c)(1)(A)(2), (c)(1)(C).

Having now received such knowledge or awareness by way of this notice, such
expeditious action is hereby requested.

It is our hope that this matter can be amicably resolved without the need
for further action, but we reserve our right to pursue further legal action
as needed to remedy the violation of the copyright violations alleged
herein.

I may be reached regarding this matter at
evilandmean () gmail com<dmca () mcipdns com>,
or via telephone at +1 (702) 951-3469, and via postal mail at  2600 Arville
Avenue, Las Vegas, NV 89102, USA.

Sincerely,


Scott Delaney

----- End forwarded message -----

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