:: Deepquest ::

As a Happy Holidays present yesterday Microsoft lawyers contacted digital.forest, our hosting provider, with a cute little email demanding an “immediate take-down” of MacSlash for infringing activity. Being the good guys that they are, digital.forest promptly got in touch with Microsoft (email reprinted with permission below the fold) with a response: No way.

It seems that several (and by several, we mean 8) months ago an anonymous commenter [url=http://macslash.org/comments.pl?sid=3315&cid=33568] posted[/url] a comment which contained a purported serial number for Longhorn. The comment was rated -1 and until yesterday those of us who administer MacSlash were completely unaware of it lurking there in their archives.

Digital Forest’s Reponse to Microsoft’s complaint letter:
Mr. Young,

The server in question is not owned by digital.forest, it is a
colocated server to which we have no login access. As such we have no
method to remove the content in question. Additionally we will NOT
shut down or remove a paying client’s colocated server without
specific direction to do so from a Court of Law.

That said, I suggest you contact the server owners directly, and ask
nicely for the offending content to be removed, or obfuscated in some
way satisfactory to all parties. I can not divulge the contact
information of the server owners, as it is a violation of our privacy
provisions. You could deliver a subpoena to us, at which point I
could divulge the information requested. However, given that your
title is “Internet Investigator” I’m sure that you could do some
investigation on the Internet… *(Hint: LOOK at the site. Hint:
whois)* and find out an easy way to email the server owners and make
your request directly to them.

My final hint: A short lesson in human nature… Try asking nicely. I
realize that owners of intellectual property feel the need to enter
into discussions with lawyers blazing, but I know from long
experience that attack begets defence, whereas courtesy begets
respect. If you look at this situation objectively, I’m sure you will
realize that the site owners have not acted in any malicious way. The
content in question was posted to the bulletin board by some
anonymous user. So, rather than using terms like “Demand for
Immediate Take-Down” why don’t you try something like “Please remove
copyright infringing content”.

You will likely be amazed at how much better it works.

Regards,
–chuck goolsbee
v.p. technical operations

—
the digital.forest abuse team 216.168.32.0/19
_________________________________________________________________
digital.forest Phone: +1-877-720-0483
where Internet solutions grow Int’l: +1-425-483-0483
19515 North Creek Parkway Fax: +1-425-482-6871
Suite 208 [url=http://www.forest.net]http://www.forest.net[/url]
Bothell, WA 98011 email: [email]abuse@forest.net[/email]
*** celebrating over a decade of operations – 7/12/94-7/12/04 ***

And the Microsoft complaint letter, as sent to digital.forest:
—— Forwarded Message
From: “MSAntiPiracy02 (by way of abuse role account)” Date: Thu, 16 Dec 2004 06:17:51 -0800
Subject: Demand for Immediate Take Down – Notice of Infringing Activity – MS Ref. 35876

VIA EMAIL:

Demand for Immediate Take-Down: Notice of Infringing Activity

URL: [url=http://macslash.org/comments.pl?sid=3315&cid=33568]http://macslash.org/comments.pl?sid=3315&cid=33568[/url]

CASE #: 35876

16 December 2004

Dear Sir or Madam,

Microsoft has received information that the domain listed above, which appears
to be on servers under your control, is offering unlicensed copies of, or is
engaged in other unauthorized activities relating to copyrighted computer
programs published by Microsoft.

1. Identification of copyrighted works:
Computer program(s):
Windows 2003 Server Standard
Copyright owner:
Microsoft Corporation

2. Copyright infringing material or activity found at the following
location(s): [url=http://macslash.org/comments.pl?sid=3315&cid=33568]http://macslash.org/comments.pl?sid=3315&cid=33568[/url]

The above location is offering ‘Cracks’ or ‘Product Keys’, intended to
circumvent technical measures that control access to Microsoft’s copyrighted
works and that protect Microsoft’s copyrights in those works.

3. Statement of authority:
I hereby certify under penalty of perjury that the information in this notice
is accurate and that I am authorized to act on behalf of Microsoft, the owner
of the copyright(s) in the work(s) identified above. I have a good faith belief
that none of the materials or activities listed above have been authorized by
Microsoft, its agents, or the law.

We hereby give notice of these activities to you and request that you take
expeditious action to remove or disable access to the material described above,
and thereby prevent the unauthorized distribution of these cracks and product
keys via your company’s network.

We appreciate your cooperation in this matter. Please advise us regarding what
actions you take.

Yours sincerely,
James Young
Internet Investigator
on behalf of Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
United States of America
E-mail: [email]Internet1@microsoft-antipiracy.com[/email]

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