Posts tagged ‘DMCA’


The Red Points saga: this might finally be resolved

24.08.2022

Nine days since the first DMCA notice was lobbed against us, the saga has finally reached the powers-that-be at Hearst SL.

And once it did, things began happening quickly. I’ve heard from their head of legal, and what he’s outlined to me seems like a good resolution to the whole saga.

He tells me some changes have been made to Red Points Solution SL’s processes, which I think is a good outcome if it saves others the grief of what I’ve had to deal with—especially while contending with publishing deadlines and the day-to-day running of a company. It was a bigger distraction than I would have liked to admit.

In a gesture of goodwill, I offered to set to private the two stories we published on the Lucire website over the whole affair.

I suggested to him that I update everyone here, since you might have thought that the disappearance of the two articles was down to Red Points!

I shudder to think what would have happened if I didn’t have contact email addresses for senior VPs at Hearst Communications, Inc. or former Lucire team members who wound up working for Hearst. Or how someone without a legal background specializing in IP would have felt. Not everyone would be in this position.

It’s still concerning to me that Google continues to state that results have been removed in site searches for us, and for the topics those articles covered. Basically, they’re saying we’re thieves, and I don’t think that’s fair dinkum. As Google works at a glacial pace, I assume the notices will eventually disappear once they receive Red Points’ withdrawals.

I’ve also received an apology from Red Points’ CMO. The gentlemanly thing to do is to accept it. It will be interesting to see how long it takes for Google to stop saying we stole stuff.

Tags: , , , , , , , , , , , , , ,
Posted in business, internet, media, New Zealand, publishing, technology, USA | No Comments »


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.

Tags: , , , , , , , , , , , , ,
Posted in internet, media, publishing, technology | No Comments »


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.

Tags: , , , , , , , , , ,
Posted in internet, media, publishing, technology, USA | No Comments »


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.
 

Tags: , , , , , , , , , , ,
Posted in business, internet, media, publishing, technology, USA | No Comments »


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.

Tags: , , , , , , , , , , , , , , , , , ,
Posted in business, internet, media, New Zealand, publishing, USA | No Comments »


Intellectual property doesn’t deserve a black mark, but some powers-that-be do

22.11.2011

After being interviewed about the outcome of the ‘Wellywood’ sign vote yesterday (a summary of what I told Newstalk ZB can be found on my Facebook fan page) I was reminded about how a few Wellingtonians, who supported my quest to stop the sign in 2010 and 2011, were not that thrilled that I used intellectual property law as my technique.
   Those following this in 2010 and 2011 might remember that I was the person who called up the Hollywood Chamber of Commerce and the Hollywood Sign Trust, and was, last year, the mayoral candidate most active in trying to stop Wellington Airport from erecting the sign at the Miramar cutting. This year, with no local election to be concerned about, I remained active, more so upon seeing just how arrogant the Airport’s “leadership” was, before it flip-flopped again by saying that it should consult with the public (the same public it called insignificant weeks before).
   And yet, months later, I was also miffed about the Copyright Act amendments and the introduction of the “three strikes” law, one which the Government seems to be uncertain about as it supports it at home, and opposes it at the United Nations.
   This is not a populist about-turn on my part. I have a view of intellectual property which was refined in part by my time at law school, where I sat the first IP paper offered formally by Victoria University, and my work for TypeRight, the advocacy organization, which wound up winning an award from Publish magazine in the US. This experience leaned toward copyright, more than trade mark and patent, though I secured reasonable experience in TMs working in brand consulting and acting as an expert witness. Through that exposure, I began with the classical argument that the protection of authors, and rewarding them, are good things. No protection, no incentive.
   But, this must be balanced by the rule of law. What we had before the latest amendments to the Copyright Act already worked. Copyright owners could, indeed, pursue infringers, and a plaintiff and a defendant could fairly be represented in a tribunal. It would be up to the copyright owner to front up with a statement of claim, and they had better be ready with sufficient proof to make the case air-tight—just as any other plaintiff in a New Zealand court would require. That seems fair. I have relied on American law often when it came to pursuing piracy of our articles, and, again, the Digital Millennium Copyright Act there worked well in giving both sides a fair hearing without the presumption of guilt.
   As argued in some depth in 2009, and again in 2011, the three-strikes law—which, I might note, the PM was against before he was for, as was the Hon Peter Dunne MP—puts the power firmly in the hands of the copyright owner, so that a defendant has to discharge the presumption of guilt. A copyright owner, as we have learned, can get an ISP to do its dirty work in New Zealand, sending out infringement notices to its customers. Whatever I learned in that IP class at uni, I had always believed the law would take place in a fair forum, and that the common-law presumption of innocence would always stand. What is happening here runs counter to that idea.
   To be fair and balanced here, I should note that the law was proposed under Labour, and received the support of Labour when argued in Parliament, which makes me wonder whether the duty of being Her Majesty’s Loyal Opposition was fulfilled properly during the debates.
   Such laws, unfortunately, do the idea of copyright no credit. They have sullied the good work that copyright has done in most of our recent history by protecting those who sought it, and deserved it. I think of those who were in the typeface design business with me, who opted to protect their works. Some designers only make a few dozen dollars per annum from a font that might have taken them six weeks to produce. Typically, $300 is a figure I hear for a design that doesn’t make the big time—and the majority do not, just like in music.
   European Commission VP for the Digital Agenda, Neelie Kroes, told the Forum d’Avignon on November 19 a similar story: ’97·5 pe rcent of one of the biggest collecting society’s members in Europe receive less than … €1,000 a month for their copyright works.’
   As reported in The Register, ‘Kroes said, copyright as it now stands is failing to deliver the economic rewards that are supposed to be its aim. At the same time, “citizens increasingly hear the word copyright and hate what is behind it. Many see the current system as a tool to punish and withhold, not a tool to recognize and reward.”’
   The Register concludes:

In the context of the public’s increasing resistance to punitive measures such as America’s SOPA, New Zealand’s three-strikes disconnection notice regime, the acrimonious “iiTrial” in Australia (backed by the MPAA via its local sockpuppet AFACT), it’s also interesting to note that Kroes mentions the intermediary business just once in her speech – since, at least to The Register, it seems that most of the public’s hatred of copyright appears to stem from how the intermediaries approach it.

   The distinction needs to be drawn. We shouldn’t throw the baby out with the bathwater. What we should be weary of are not just the intermediaries as The Register notes, but some of the parties who inspire, lobby and even offer to draft these laws. It seems those parties are often those who care little for the thoughts of the community, whether it be an Airport CEO, or politicians who are so inept at understanding their subject they confuse fact with fiction.
   While I will not be drawn on who will get my electorate and party votes for this General Election, the behaviour of some of the powers-that-be seem to support those who claim that we no longer live in democracies in the occident, but plutocracies.

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , ,
Posted in business, culture, design, internet, leadership, media, New Zealand, politics, technology, USA, Wellington | No Comments »