Re: Demand for removal of claimed copyright infringing content from Gitorious.org
This is in reply to your notification of United States Copyright Law Violations at Listed URLs, dated February 1st 2011. As we confirmed via email yesterday, the content was taken down from gitorious.org yesterday at 3.18PM CET.
Your claim made reference to US law, which is not applicable in Norway. When removing the content from our server placed in Norway, we did so to avoid being in violation with Norwegian law, to the degree that Norwegian and US copyright law is compatible.
However, it is unreasonable, and in conflict with basic legal principles, to assume someone as guilty until proven innocent. Allowing any third party to demand the removal of content on gitorious.org based on unproven claims of copyright infringement would assume any gitorious.org user would need to prove his innoncence under Norwegian law. This is unacceptable to us.
Our Infringement Notice Policy (http://en.gitorious.org/infringement_policy/) requires any Infringement Notice to include:
- An identification of the intellectual property right claimed to have been infringed
Since your letter of yesterday contained no reference to Norwegian law we kindly ask that you prove that the content is in fact in violation of Norwegian law. We will not act on further Infringement Notices related to this content until SCEA provides a Norwegian court order that deems the content in question as being in violation of Norwegian law.
Gitorious wants to make it absolutely clear that we have no agenda relating to the repositories in question. Our initial response to this notice was motivated by the fact that Gitorious could possibly be held accountable for not responding should this content be deemed illegal (with reference to “Ehandelsloven” §18). We object deeply to any violation of the basic legal principle of being innocent until proven guilty. This is why we have passed the ball back to Sony.
We hope you understand that it is not in Gitorious’, or the majority of its users’, best interest to pick this fight. We don’t have the resources nor necessary domain knowledge to assess the legality of all of our projects, which is why we have terms of service that state that users carry this responsibility.
02-03-2011
05:40 PM
Thanks, moved to front page
02-03-2011
05:44 PM
$ony's next move... stomp their feet and cry :thefinger: :aetsch:
02-03-2011
05:53 PM
I thinks Sony is ****ing in the wind..... Stop crying Sony.....it's ok for you to sell us something with a feature on it....then at your lesure remove it! You disverve evrything you get! I was a big Sony fan for years! But not anymore
I will never, ever buy anything of you again! So when you bring your ps4 out with it's tripple 5000 core cell BE..... I wont spend a penny on it! You have lost a lot of custom and support....
Did you sack the guy who thought of otherOS?
Indian givers = Sony :thefinger:
Attention
Do not by pass swear filter
02-03-2011
05:59 PM
These last few months have been way too exciting!!
02-03-2011
06:02 PM
02-03-2011
06:02 PM
Don't know what would be the next ''stupid'' move of Sony ..
since they already proven to be really stupid ..
hope next git repositories will reside in CINA
so Sony would be definitively out of this stupid catch up game they started against their own interest, because since ever any system that doesn't allow piracy will just die ..
any known successful system in the world is piracy friendly..
the others are died already or going to die
:D
p.s.
maybe sony would just keep selling PS2 instead of PS3 and PS4 .. LOL!!!
02-03-2011
06:08 PM
haha very smart
02-03-2011
06:09 PM
02-03-2011
06:13 PM
TBH I will not be surprised if (s)mony approach Norwegian court even with the knowledge that they might not succeed, let's wait and see.
02-03-2011
06:14 PM
pass some green ones, talk to a friend who has a friend who has a relative who has a parent or a boss around and strike again... money talks , monkey dances with the money , so monkey is gona dance a long time, cause smells like money is being "awarded"... for all who know a lot more i got a question, why would nintendo allow playing of backed up games online, thats got me really curious and i would like to know
02-03-2011
06:34 PM
Ok 2 things wrong with this
1. As has been already mentioned US laws do not cover Norwegian courts
2. Norway is a European country and in a separate region from north America as such any action can only be brought froward from SCEE and not SCEA which due to Norway being in EU would take a conciderable amount of time of complete
02-03-2011
06:40 PM
They have removed the content this time more as an 'act of good faith' than anything else I believe.
02-03-2011
07:04 PM
Don't you just love it..? Now if Sony want's to continue with the DMCA take down notice in Norway they got to have legal representation that understands Norwegian law....
Two sets of law firms now, US for Geo and friends and Norwegian for Gitorious, all this is gonna burn up Sony Dollars like a steel works furnace burns coal.......
And I love the line "assume someone as guilty until proven innocent" how bloody true is that ?
Sony...Just let it go....put all that dosh in to developing the NG Console, there's only gonna be one winner anyway.....the lawyers.... :aetsch:
02-03-2011
07:37 PM
Wii sales as of 12/31/10 worldwide are at 84.64 million and the Xbox 360 is at 50 million as of 1/6/2011. meanwhile, sony PS3 sales are at 47.9 million as of 12/31/11. i put these figures out there just to show one point of why Sony is worried and is taking these drastic steps. Now just imagine if Sony was to allow and encourage homebrew. how many Ps3's would fly off shelves? i know that everyone on this forum supports sony in one way or another and most of us like to be able to customize our PS3's. there are a small few that only use this to pirate and cheat and because of those few people, we who are legit, suffer. My advice to sony is: ban the cheaters but let the homebrew alone. i didn't buy into a $400 lease. i am the owner of this product and if that's the case, i want my money back!!!
02-03-2011
08:14 PM
It's good to see sony getting the backhand from another place outide of their country law. I'm keen to see how sony will reply back or too see if they even will reply back to that.
02-03-2011
08:50 PM
great to know a few have the balls to put sony in their place using real laws, not laws invented by sony to help further sony's e-slavery.
02-03-2011
09:19 PM
Maybe if SONY made there games more cheaper they would not have to deal with all the great work the people do. Like geohot and so many more to mention
what SONY needs to do is leave us the F*** alone and go cry to his mama and i just wanted to thank all the pips for great work and i think we have the rigth to
do with hour **** what we want we pay a lot of money for it SONY kiss hour assesssssss
02-03-2011
10:21 PM
host in MEXICO here aren't fu_k_g rules
hahah hells yeah :thefinger::thefinger:
LA LEY DE HERODES O TE CHINGAS O TE JODES
02-03-2011
10:58 PM
It isn't nice to call sony indian givers; you are insulting people who give things for free and then take them back...sony charges you for things and then takes them back...like OtherOS and my PSN account full of games.
02-04-2011
12:34 AM
Relax kids, in fact, according to what we've seen on the scene, it seems obvious that we (end-users who supports the hacking community) won. In fact, we won the day they thought they could get rid of hackers, you can never get rid of those, the more you try, the harder they work. that's how it is, they should know that. But yeah, its too late for them, they never should have killed otherOS. ...bastards...
02-04-2011
12:45 AM
So it sounds like they took the files down anyway?
02-04-2011
12:57 AM
everyone lets use the force of TORRENT-s
lets piratebay everything
i would f***ing love to see sony to dmca that
02-04-2011
02:19 AM
Hulk troll incoming.
I might piss people off but
two cents*
02-04-2011
03:11 AM
What Sony actually promoted with the option to run Linux was a machine as open as the Commodore 64; with the opportunity for kids to learn to program and for creativity to bloom, and if not promoted explicitly, at least rode in on the horse that brought the Commodore 64 to its final resting place.
************* [ - Post Merged - ] *************
If someone gets rid of hackers, you get rid of progression.
hacker 2011 AD = philosopher 200 BC = inventor 1500 AD
02-04-2011
03:58 AM
Also, @lotofpirates here:
Stop using the excuse of the remved feature (otherOS), because you start looking really really pathetic (of course, no at the other pirates), because we all know very well why sony removed the feature.
02-04-2011
04:11 AM
Dear Sony,
I know you are reading this. We know you have reps prowling the internet 24/7. You guys are barking up the wrong tree. Do you honestly think you have the authority to force another country into following your meaningless demands? Hell, I'm in the USA and I'm not going to listen to a ****ing thing you *******s say. You have no legal authority to be sending out DMCA notices all over the world, as if you are in charge of everyone. You are not in charge of ANYONE except your mindless drones you call employees. I am sorry to inform you guys, but the world does not revolve around Sony. You seem to literally think this for some reason. Are you guys looking for a boycott? Do you think you can silently pick on us while you continue to have a media blackout on this subject? Do you realize that you cannot hide behind your pockets and continue to avoid the masses knowing about your practices forever? I don't think you realize the implications of your actions. Are you TRYING to be the bad guy on purpose? You may have the ignorant and mindless people behind you posting in your forums about how terrible the hackers and developers are, but you will never win the minds of the free thinkers. Free thinkers come from all walks of life. Many people that have no dog in this fight will eventually open their eyes and recognize you for what you are. What you are is an bully. You had your precious system free of hacks for 4 1/2 years. It's hacked now, get over it. Do you see Nintendo and Microsoft getting their panties in a bunch over their systems being exploited? Lets see the 4th quarter profit reports for the PS3 for 2010. Show us how badly your sale were affected by the fact that the PS3 was compromised.
Our systems was manufactured by your company. Once I give the nice the the money for the system it becomes MY property. Our relationship ends there unless I chose to use the Playstation Network, in which I do not. We own 3 PS3 systems in my house. Before the system was exploited we owned 1. My wife and I decided to purchase 2 more PS3 consoles due to the fact that the system was hacked. I am not blowing smoke for the sake of argument either, I have receipts that would clearly back up my statements. Most everyone I speak with around the world that uses methods available to exploit THEIR PS3 system have multiple consoles as well. Before the available exploits were around, the general consensus was "**** PS3" in the console community. I however defended the console and stood firm in my beliefs that the PS3 was the superior console. I still stand firm in that belief, as I own 3 Playstation 3 consoles. At any rate; the general consensus now is "OMG I need a PS3!". Daily I see some of those same people that bashed the PS3 previously discussing how awesome their new PS3 is. You guys know just as well as we do that the PS3 is now a very hot item globally. If you idiots would learn to embrace this FACT you would begin to open your eyes and realize how much time and money you are throwing away. I have personally thought of 3 major ways in which you guys could use the system being exploited as a new revenue stream. How many have YOU thought of?
Instead of trying to pick a war with everyone, how about you guys concentrate on sticking to what you do best? Do you remember what your company's place in the global market is? You guys are not the internet police, you are a media and electronics company. You have no legal authority to start issuing takedown orders all over the internet. You are getting far too ****y for your own good. You are acting like a bunch of spoiled brats that are jealous of the kid next door who got a new sandbox. You can either continue to pick fights with everyone and become the bad guy or you can accept defeat and carry on as usual. The choice is yours, however I am certain that if you continue to bully people and companies around that you will not reach the desired results for your company's interests. Grow the **** up! Didn't your parents ever teach you *******s that sometimes you win and sometimes you lose? The smart company would turn the recent "loss" of their system being hacked into monetary and social benefit. The fact is that everyone here in these forums wants to love Sony. You made an amazing system that is by FAR superior to your competition. Congratulations! Now you can take that fact and turn it into something that will be remembered for generations to come, or you can continue to work on leaving a sour taste in the mouths of your loyal consumers. I suggest you employ some critical free thinkers to sit in on these behind the scenes meetings rather than continue to have a bunch of ass kissing "yes men" to clap for you and tell you that what you are doing is the right thing. Sometimes it is good to listen to others instead of thinking that you are right in everything you do and say.
If any of you Sony representatives would like to talk about it I would love to make some coffee and have a sit-down. I would love to share my ideas with you to help you understand that you can actually gain profit and embrace new revenue streams legally from the fact that the system is now exploited. My ideas are all very simple concepts and implementations. I'm not even looking for a job. I would actually do it for free! Maybe it is time to start listening instead of threatening people to get what you want. I challenge every Sony employee reading this to think rationally about what I've said here (if your boss will actually allow you to do that).
OK you are finished reading this. Go get yourself a coffee and ponder my words. You may actually understand if you try hard enough.
02-04-2011
04:26 AM
@ ChugIt
I agree with most of what your letter says exept for the last part where you say that they can make profit off of the playstation being exploited. The main reason why they are going after us is because they are threatened over the piracy
02-04-2011
04:31 AM
There are ways they can make money off of the fact that the system is exploited that would not hurt Sony, hackers or pirates. It would actually benefit all 3.
02-04-2011
04:38 AM
02-04-2011
06:24 AM
BINGO! on the screen up is "**** OFF" :thefinger::thefinger::thefinger:
02-04-2011
12:09 PM
:thefinger: you
02-04-2011
12:17 PM
Dam James, that picture made me laugh for a few.
(sorry for the off topic).
blaw blaw screw blaw sony blaw.
02-04-2011
01:12 PM
Can i just point out that while everyone is all smug about the PS3 being hacked it can be more or less guaranteed that protections on next gen consoles will be far better and harder to defeat and if they strike lucky and don't leave any major glitches that can be exploited then the only place that is gonna be able to decipher its protection is a lab where chips will have to be decapped and examined under a microscope
02-04-2011
02:02 PM
with this news about giturious and norway, that means that for all the devs they should have there sites and work hosted on servers in countries where sony has no jurisdiction over taking down applications that are written to work on ps3 by end users, that way sony wouldn't be able to sue anyone who developed homebrew for ps3. there is no way sony would be able to get around a countries law, even if they threw all there money they had to that particular country because, there are places in the world where logic, reason and the people have more power in court than, money and just paying a judge off in your favor, which is what i feel sony is doing in the geohot case in California.
02-05-2011
03:24 AM
Of course! life will always find its way.
It’s the base of all life to generate energy from depression; and to want progression.
I hope such protections are to be rendered illegal.
Especially since all expectations to a gaming console able to hook up to a TV are based on that of the Commodore 64 and likes.
************* [ - Post Merged - ] *************
Just compare the rational aspect of gambling to the prostitutional aspect of money.
02-05-2011
07:33 AM
How about just sharing all the current files with torrent's. That way it can virtually never be taken down.
Down side is that updates, would require a new torrent to be made.
02-05-2011
09:56 AM
Sueing Microsoft and Nintendo for copyright infringement by releasing "games consoles" and "portables", Sueing all 3rd party Bluray player manufacturers for copyright infringement of "Bluray technology" ..basically if your not sony and you sold hardware... expect to get sued....
What I am actually waiting for is Sony to file papers against the USB dev board manufacturers for selling hardware that "could" be used to break copyright security on the ps3.
Seems they like to twist the law to suit themselves, so this could be a possibility...
02-05-2011
12:37 PM
all i have to say to this is , lay the boots to sony , just proves that you dont have to a a bunch of money to screw someone , as i think that sony will be taking this one on the chin, in anycase if there becomes any other problems with sony get a site in tiwan , they do not have any copywrite laws as freedom isnt a choice of life over there , anyway i remember one of my coder friends telling me that tiwan has no opywrite law , anyway i know that norway cruise ships have different laws inside us waters as hoping you get the just end of it , and get to say the last word , as sony hasnt won any love from me as of late ,
my 2 cents. Great to see the small guy givein the what not to cashhungry sony
big ups
02-06-2011
06:33 PM
If SONY spent nearly as much money making the PS3 better as they are now with all these witch-hunts, well, you all know the rest.:aetsch: