Posts tagged ‘copyright law’


Red Points Solution SL walks right into it, attempts to shut down free speech via DMCA

23.08.2022

This is too good. Now, Hearst Communications, Inc. was sensible enough to realize that what I raised was real, and a senior VP put me on to a colleague dealing with Hearst Magazines International. Nothing yet, but I wrote a release, sent it to a few colleagues, and published it on Lucire describing what had happened. As it’s going in to Lucire, unlike Google, I’m really careful about libel.

Just now, Red Points Solution SL has been by and issued another notice. They can’t deal with the negative publicity so they play the only card they know how: issuing another DMCA notice to Google and leaving Hearst SL wide open to a penalty of perjury.

I mean, I’ve seen stupid (like that time a former disgruntled staffer wrote an anonymous note to people who knew me but hand-addressed the envelope), but this is like walking into a trap (that I didn’t even realize I had set!).

Now, what if word got out even more widely that Red Points Solution SL is shutting down free speech? Time to send the release more widely?

If only I had more time—but this might be tomorrow’s free-time project.

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Google finally responds to our first counter-notification

21.08.2022

I suppose it’s positive that Google has finally responded to our first counter-notification against Hearst SL’s and Red Points Solution SL’s fraudulent DMCA notice. Hey, Google, why don’t you begin by asking your complainants for proof before presuming an innocent party guilty? Then used your milliards of dollars and high-tech to see that our work is original? Would have saved us a lot of time.

You’ll soon see the other two counter-notices I filed on the first issue alone while I waited and waited and waited for you to respond. Failing to do that first step has cost us all time. And you knew of this problem back in the second half of the 2010s, if not before.

This system is really broken.
 

 

Oh well, another two weeks of libel by Google on the first issue alone. Everyone: use Mojeek.

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Companies worth millions engaging in fraud, and Google is their weapon

20.08.2022

Yesterday morning, we received a second notice with two more URLs—one with wholly our own content—from Hearst SL and its contractor, Red Points Solution SL.

I’ve done a bit more digging and it’s usually fraudsters who engage in this behaviour. You can read more about them in Techdirt, Mashable and Search Engine Land.

With their millions of dollars, I guess these two Spanish companies are now in the same game of fraud.

And Google believes them, even though Mashable wrote about these techniques in 2018.

If it’s that easy to manipulate Google, then it’s finished as a credible search engine.

Meanwhile, Red Points Solution and Hearst SL open themselves up to charges of perjury. Not too smart there.

Three firms with millions, even milliards, of dollars who don’t like the independents, and one firm now falsely claiming ownership of work from us, French Sole, BFA.com, and L’Oréal. With L’Oréal, why would you involve your own advertiser? Does Hearst SL want to slit its own wrists as a company?

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Time to get New York involved

19.08.2022

Still nothing from the Spanish outpost of Hearst or from Red Points Solution SL on their false accusation against Lucire, so tonight I contacted one of the Hearst VPs in New York—as they’ll more likely understand where we’re coming from. Whenever there’s been a copyright matter, Americans tend to respond quickly, faster than Europeans or the British—except for Big Tech, natch. Those folks you need to threaten. It’s frustrating to continue seeing a DMCA notice when we do a site: search on Google, one that isn’t warranted. I’ve found a senior enough VP—I’ve been around long enough to know who’s who—who I think would get it.

Further investigation shows Red Points being named as defendant in quite a few cases—and they’re just the ones that the search engines have picked up. Who knows how many others aren’t put online or are worthy enough of being reported on?

I’d be extremely wary of a company whose technology appears to be very unreliable, if our case is any indication, and exposing their clients to lawsuits. I see from the Google complaint only two sites have fallen foul to their specious claims—and you have to ask why not every single article written about Valentina Sampaio being named Armani Beauty’s newest ambassador? Were we picked out because they felt we were small enough to be picked on and that we wouldn’t fight back? And why would they risk claiming not only our original content as their client’s, but the work of L’Oréal—a major Hearst advertiser—too? It’s potentially destructive for Hearst and harms its relationship with an advertiser.

They’ve picked on the wrong people—especially a magazine that is known to some people inside Hearst.
 
I was curious to see what part of the Spanish web I had accessed in the last year. Answer: not a lot. More in the last day or so looking up Hearst’s Spanish outpost.
 

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False accusations from Red Points Solution SL

18.08.2022

Yesterday, I returned to find a DMCA claim filed against us by Red Points Solution SL, purporting to act for Harper’s Bazaar España publisher Hearst Magazines SL, falsely accusing us of breaching their copyright with this article. You can read the notice here.

Naturally, I filed a counter-claim because their accusation is baseless.

Our source was PR Newswire, and it’s not uncommon to find stories of interest through that platform. In fact, Armani Beauty was so keen to get this out there on November 3 that we received the release in four languages at 15.28, 15.30, 15.33, 15.36, 15.39, 15.46 and 16.03 UTC.

The quotations and images were supplied by Armani Beauty, which is part of L’Oréal. I’ve worked with people from L’Oréal for over two decades and know their systems well enough, including the money they have for licensing images for press usage.

Lucire has a lot of original articles, but some of our news is release-based, as it is for anyone in our industry.

Our rule is: even when it’s a release, you write it up individually in your own words. You may have something additional to bring to the story. And we aren’t a repository of releases.

The only time we would run a release mostly verbatim is if we issued it, something that might happen once every couple of years.

Naturally, Google has so far done nothing and our story remains absent from their index. Big Tech loves big firms like Hearst.

I’ve tagged Harper’s Bazaar España in social media demanding they front up with their evidence. I’ve also messaged Hearst’s Spanish office with the following.

Ladies and Gentlemen:
 
Yesterday, your firm lobbed a false accusation against us by deceptively claiming your copyright had been breached by one of our articles. I note that you filed this as a DMCA complaint with Google.

We have filed a counter-notice.

We find it appalling that you would claim an original work has breached your copyright.

The imagery and quotations to our articles were sourced from L’Oréal, and we have informed them directly of your deceptive and misleading conduct.

I demand you furnish proof. As you will no doubt fail to, we demand you withdraw the complaint. We reserve the right to pursue our own legal remedies against you.
 
Yours faithfully,
 
Jack Yan
Publisher, Lucire

I basically thought they were being dicks and my friend Oliver Woods chimed in on Twitter about it. Oli’s very insightful and objective, and I respect his opinion.

They are being dicks, but there is a strategy behind it. Petty little minds wanting to look good on Google, not liking someone else ahead of them. (Not that I ever looked to see where our story ranked. I mean, seriously?)

It reminds me of a US designer’s rep who emailed me a while back wanting us to remove an article.

I asked: what’s wrong with it? Did we err in facts? Is it somehow defamatory?

When I probed a bit more deeply, it turned out that they were incensed it came up so highly in a Google image search.

I explained that that wasn’t a good enough reason, especially since the story had been provided to us by a PR firm.

They countered by saying that as they had not heard of us, it was highly unlikely that they would have released us that news.

I thought it was a very strange strategy to accuse someone you wanted a favour from of lying.

I still have the email from their PR firm. Call me Lord of the Files.

I’m not going to reveal the identity of the designer. I asked one of my team to see if he would call me directly instead of having one of his rude staff insult me. He never did call. The image is still there, and I bet they’re seething each time they see it.

It’s not even a bad image. It just doesn’t happen to be hosted by them.

I don’t really know why search engine domination is so important. We all should have a fair crack at it, and let whomever has the most meritorious item on a particular topic come up top.

The American designer, and the Spanish outpost of this American media giant Hearst, are obviously not people who like freedom of the press, freedom of expression, or a meritorious web. American people might like this stuff but a lot of their corporations don’t.

Which is why Google is terrible because it doesn’t allow it. We know through numerous lawsuits it has biases toward its own properties, for a start. I’ve observed them favouring big media brands over independents—even when independents break a news story.

Mojeek is just so, so much better. No agenda. Just search the way it was and should have stayed. That’s the “next Google”, the one that could save the web, that I had asked for in 2010.

Except it shouldn’t be the next Google because we don’t want more surveillance and tribalism.

Fair, unbiased search is where Mojeek excels. I really hope it catches on more. God knows the world needs it.

I think the world needs Lucire, too, the title that Harper’s Bazaar Australia named as part of its ‘A-list of style’. The Aussies are just so much nicer.
 
PS.: Hearst uses a company called Red Points Solution SL to do its supposed copyright infringement detection. Based on this, they must be pretty shit at it. And remember, we don’t even publish in Spanish. Yet.

I see you have falsely accused us of copyright infringement with our article at https://lucire.com/insider/20211103/valentina-sampaio-named-armani-beautys-newest-ambassador/ when we have done nothing of the sort.

We demand that you withdraw your DMCA complaint to Google.
 
https://lumendatabase.org/notices/28469986#
 

Our story’s source is Armani Beauty through PR Newswire, to which we are signed up as a legitimate international media organization. The story is our work, using facts and quotations provided in the release.

PR Newswire provided us with this release on November 3, 2021, at 15.28, 15.30, 15.33, 15.36, 15.39, 15.46 and 16.03.

A counter-notice has been filed.

We require an explanation from you on why you have targeted a legitimate media organization with your deception. Clearly your detection systems are not very good and we would certainly be discouraged from using them.

 
P.PS.: One more email to Red Points Solution SL on August 19, 21.56 UTC after they doubled-down with another notice removing two URLs from Google. Again, no proof of their original work was provided, and none can be seen in Lumen even when requested. It seems Google will lap anything up if it sees a big company behind it.

I have reached out to you through numerous means but yet to hear back.

I publish Lucire, a magazine with a 25-year history and five editions worldwide. You might even say we’re the sort of business that would need Red Points Solution’s services.

However, we’ve found ourselves at the other end, with legitimate media stories from our website removed from Google with DMCA notices you’ve filed.

Your client is Hearst SL.

If your latest efforts are down to Hearst’s orders, then they are claiming ownership over material that is not theirs.

All our content is original, and where it is not, it is properly licensed.

In the first case:
 
https://lucire.com/insider/20211103/valentina-sampaio-named-armani-beautys-newest-ambassador/
 

Your client does not own this material at all. We own the story, and the quotations and images are owned by and licensed to us by L’Oréal. Hearst has no connection to it other than Harper’s Bazaar being mentioned in an editorial fashion.

In the second case:
 
https://lucire.com/insider/20190905/nicky-hilton-hosts-brunch-to-celebrate-her-collaboration-with-french-sole/
 

Your client does not own this material at all. We own the story, and the images are owned by and licensed to us by French Sole and BFA.com. Hearst has no connection to it other than Harper’s Bazaar being mentioned in an editorial fashion.

In the third case:
 
https://lucire.com/insider/page/164/?mobiinsider%2F20120130%2Felizabeth-olsen-models-asos-magazines-cover%2F%3Fwpmp_switcher=mobile
 

Your client does not own this material at all. In fact, we own this material fully. No Hearst properties are even mentioned.

Counter-notifications have been filed on the basis that it is our original content and that your client has no right to make the claim in the first place.

It would be far easier if you would review your systems as presently they are opening your client and yourselves up to a legal claim …

We think you need to go back to your client and have them show you just how they can legitimately claim ownership of material that is not theirs.

In the meantime, we insist you stop these notices as they are unwarranted and unfounded.

We look forward to hearing from you.

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How Jaguar Land Rover can still win its Land Rover Defender IP case against Ineos

09.08.2020

I haven’t read the full judgement of the Land Rover Defender case, where Jaguar Land Rover sought to protect the shape of the original Defender under trade mark law, to prevent Ineos from proceeding with the Grenadier.
   According to Bloomberg, as reported in Automotive News, ‘The judge upheld the findings by the IP Office that while differences in design may appear significant to some specialists, they “may be unimportant, or may not even register, with average consumers.”’
   On the face of it, this would appear to be a reason for upholding JLR’s claim—but the Indian-owned Midlands car maker seems to have muddled the cause of action it was supposed to have taken.
   I’ve already taken issue with its inability to protect the L538 Range Rover Evoque shape in China under that country’s laws, and while that judgement was eventually overturned in JLR’s favour, the company could have saved itself a great deal of stress had it filed its registration in time. It had been ignorant of Chinese law and wasted time and resources pursuing Ford Motor Company affiliate Landwind for its Range Rover Evoque clone, the X7. I sense Landwind could have afforded the ultimate fine.
   Here I think arguing copyright might have been a better method. The Land Rover Station Wagon shape hails from 1949, and with 75 years’ protection, the company is covered till 2024. You don’t need to show a registration, and the onus of proof, once objective similarity is found, is on the defendant. That test of objective similarity, unlike that in trade mark, is not based on what the average consumer thinks, but on what specialists think. And the scenes à faire doctrine has been adopted by precedent in the UK.
   Maybe that was the game plan all along: to fail here, and to proceed using copyright later. I’m sure the plaintiff knows this. Now, armed with the judgement’s findings—that the differences are insignificant— Jaguar Land Rover can pursue a copyright claim using these as evidence.
   To me, the Grenadier is sufficiently similar. Some point to the Puch G as another source of inspiration but I can’t see it. And since a court has ruled that they can’t see it, either, then Jim Ratcliffe and Ineos had better not break out the champagne just yet.

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EU copyright: as far as we’re concerned, link away

13.04.2019


European Unionwww.europarl.europa.eu/downloadcentre/en/visual-identity, Public Domain; link

I’m reading more about this EU copyright directive that was voted in last month.
   Without doing a full analysis, I can say that we won’t go after anyone who links to our publications.
   We presently don’t care if you use a brief snippet of our content and link back to the rest. I can’t see our position changing on this.
   We do care if you take entire chunks (e.g. the text of an entry on Autocade, since they’re only a paragraph long). In some cases we only have the rights to photos appearing on our own site so we may want those removed if they’ve been copied from us.
   Over the years I’ve just contacted publishers and asked them politely. Only a tiny handful actually respond; quite a few sites are bot-driven with feedback forms that no one checks. They get DMCAed.
   But I don’t have a problem with the systems that are in place today.
   It seems the EU is going to wind up creating a segregated internet: one where Big Tech and large media corporations can afford to do everything and smaller publishers can’t. This is already happening, thanks to Google’s own actions with favouring mainstream media sources rather than the outlet that had the guts to break the news item. Big companies are flexing their muscles and lawmakers are bending over backwards to serve them ahead of their own citizens. (Incidentally, I can’t see the UK doing anything differently here post-Brexit.)
   Smaller publications might band together and share among themselves by some sort of informal agreement.
   So for us, when it comes to linking and excerpting, keep doing it. Unless something happens that forces me to change my mind, I’m all for the status quo ante in the EU.

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The end of US ’net neutrality: another step toward the corporate internet

11.06.2018

That’s it for ’net neutrality in the US. The FCC has changed the rules, so their ISPs can throttle certain sites’ traffic. They can conceivably charge more for Americans visiting certain websites, too. It’s not a most pessimistic scenario: ISPs have attempted this behaviour before.
   It’s another step in the corporations controlling the internet there. We already have Google biasing itself toward corporate players when it comes to news: never mind that you’re a plucky independent who broke the story, Google News will send that traffic to corporate media.
   The changes in the US will allow ISPs to act like cable providers. I reckon it could give them licence to monitor Americans’ traffic as well, including websites that they mightn’t want others to know they’re watching.
   As Sir Tim Berners-Lee, the inventor of the web, puts it: ‘We’re talking about it being just a human right that my ability to communicate with people on the web, to go to websites I want without being spied on is really, really crucial.’
   Of course I have a vested interest in a fair and open internet. But everyone should. Without ’net neutrality, innovators will find it harder to get their creations into the public eye. Small businesses, in particular, will be hurt, because we can’t pay to be in the “fast lane” that ISPs will inevitably create for their favoured corporate partners. In the States, minority and rural communities will likely be hurt.
   And while some might delight that certain websites pushing political viewpoints at odds with their own could be throttled, they also have to remember that this can happen to websites that share their own views. If it’s an independent site, it’s likely that it will face limits.
   The companies that can afford to be in that “fast lane” have benefited from ’net neutrality themselves, but are now pulling the ladder up so others can’t climb it.
   It’s worth remembering that 80 per cent of Americans support ’net neutrality—they are, like us, a largely fair-minded people. However, the FCC is comprised of unelected officials. Their “representatives” in the House and Senate are unlikely, according to articles I’ve read, to support their citizens’ will.
   Here’s more on the subject, at Vox.
   Since China censors its internet, we now have two of the biggest countries online giving their residents a limited form of access to online resources.
   However, China might censor based on politics but its “Great Wall” won’t be as quick to block new websites that do some good in the world. Who knew? China might be better for small businesses trying to get a leg up than the United States.
   This means that real innovation, creations that can gain some prominence online, could take place outside the US where, hopefully, we won’t be subjected to similar corporate agenda. (Nevertheless, our own history, where left and right backed the controversial s. 92A of the Copyright Act, suggests our lawmakers can be malleable when money talks.)
   These innovations mightn’t catch the public’s imagination in quite the same way—the US has historically been important for getting them out there. Today, it got harder for those wonderful start-ups that I got to know over the years. Mix that with the US’s determination to put up trade barriers based on false beliefs about trade balances, we’re in for a less progressive (and I mean that in the vernacular, and not the political sense) ride. “The rest of the world” needs to pull together in this new reality and ensure their subjects still have a fair crack at doing well, breaking through certain parties’ desire to stunt human progress.
   Let Sir Tim have the last word, as he makes the case far more succinctly than I did above: ‘When I invented the web, I didn’t have to ask anyone for permission, and neither did America’s successful internet entrepreneurs when they started their businesses. To reach its full potential, the internet must remain a permissionless space for creativity, innovation and free expression. In today’s world, companies can’t operate without internet, and access to it is controlled by just a few providers. The FCC’s announcements today [in April 2017] suggest they want to step back and allow concentrated market players to pick winners and losers online. Their talk is all about getting more people connected, but what is the point if your ISP only lets you watch the movies they choose, just like the old days of cable?’

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Instagram-created art

27.02.2018

I don’t know if Instagram does this on all phones, but when I make multi-photo posts, it often leaves behind a very interesting image. Sometimes, the result is very artistic, such as this one of a Lotus–Ford Cortina Mk II.

You can see the rear three-quarter shot just peer in through the centre. I’ve a few others on my Tumblr, but this is the best one. Sometimes technology accidentally makes decent art. I’m still claiming copyright given it’s derived directly from my work.

PS., March 3: Here’s a fun one from my visit to Emerson’s Brewery.

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Dr Libby’s team puts it right

20.04.2017

That’s a nice conclusion. Since my previous blog post, Dr Libby Weaver’s people got back to me within 24 hours. Although no notes from her seminar were available, we decided that I should get a Dr Libby book, which duly arrived. Here ’tis:

Good on @drlibby's team for being so on the ball and keeping their word! They offered to send me a in return for posting one of my photos and here it is! Amanda’s read through the chapter headings and it might just be a perfect choice on their part. Thanks, Dr Libby! #whanganuiatara #NZ

A post shared by Jack Yan 甄爵恩 (@jack.yan) on

   Goes to show they were on the ball when the mistake was picked up, a credit was given to me for the photo, and they were prepared to remedy things by posting a book to me. We turned a negative into a positive: a win–win all round. Sometimes all it takes are two parties prepared to be reasonable and find something mutually agreeable. Certain world leaders would be advised to emulate that.

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