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DMCA, Easylist, Adblock, Copyright Access Control and Admiral

by bitshiffed on 8/11/17, 2:04 PM with 32 comments

  • by 23o3o9d on 8/11/17, 4:44 PM

    So... pardon the language but:

    Fuck you Admiral, and congratulations.

    I had no idea who you were before but you've become a shining example of corporate authoritarian entitlement.

    It's my damn computer and if I want to deface a webpage on my computer I can do it however I want--I can adblock it, I can use MS Paint to draw bananas on it, or I can get my toddler to do it with an eraseable crayon.

  • by gergles on 8/11/17, 2:26 PM

    The thing I found most hilarious about this is that the author of this post previously worked at Grooveshark, a company that was only remotely successful because they flaunted copyright the entire time they operated.

    That he's now using the DMCA (incorrectly) to protect his business model is the height of ridiculousness in my book.

  • by danielhlockard on 8/11/17, 5:02 PM

    I had no idea who Admiral was before, and I can't say I have a great opinion of them now. I'm sorry, but you don't get to control what I can and cannot ad block.

    This is mind blowing since Dan was the COO of GROOVESHARK which basically didn't care about copyright, at all.

  • by stordoff on 8/11/17, 6:37 PM

    > We asked them 24 days ago to remove functionalclam[.]com on the original commit. / Their response seemed to indicate they would only take action if GitHub agreed.

    That's your take on that interaction? To me, the commit comment reads as someone borderline impersonating GitHub. "has been reported to circumvent copyright access controls" - reported to whom, exactly? By linking to GitHub's policies, you suggest that it is GitHub, but A) according to your post did not report it until _after_ that comment, and B) a report to GitHub doesn't mean you can demand removal through alternative channels.

  • by drtillberg on 8/11/17, 4:43 PM

    If blocking the domain grants access to the material, somewhat like a door that opens when no key is presented, it would seem unclear how this is an "effective[]" technological control.

    Also, the DMCA (Section 1201(i)) permits blocking of effective technological controls that are capable of collecting or disseminating personally identifying information about the online activities of a person. Admiral does not address this, and looking at the details it seems perhaps the issue would be the rationale for the blocking (privacy or a mixed purpose).

  • by seretogis on 8/11/17, 2:16 PM

    It looks like the EFF has offered assistance, and I really hope they follow-through to prevent this from setting a precedent.

  • by bitshiffed on 8/11/17, 2:05 PM

    Follow up from yesterday's EasyList takedown https://news.ycombinator.com/item?id=14978228 .

    EDIT: Summary of issue up to now http://telegra.ph/Ad-blocking-is-under-attack-08-11 .

  • by JumpCrisscross on 8/11/17, 5:07 PM

    How would one configure Adblock Plus to ensure Admiral's domains are blocked irrespective of whether EasyList capitulates?

    (Asking as a hypothetical, of course.)

  • by bitshiffed on 8/11/17, 4:48 PM

    Anybody know the usual amount of time it takes for GitHub to post a DMCA notice?

    They should've received Admirals takedown at least 2 days ago, but it still hasn't shown up on https://github.com/github/dmca/tree/master .

  • by jdennaho on 8/11/17, 7:03 PM

    tell us more about how you are garbage

  • by msimpson on 8/11/17, 4:51 PM

    It's important to note that Admiral is making the claim that this domain is used as part of their platform which protects the integrity of paywalls, which in turn guards copyrighted material of their clients. Therefore, this would be a correct application of the DMCA according to 17 U.S. Code ยง 1201 - Circumvention of copyright protection systems:

    https://www.law.cornell.edu/uscode/text/17/1201

    Subsection A specifically states, "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

    So while I do not endorse the mechanism of paywalls: if Admirals narrative and claims hold true, this is in fact a correct application of the DMCA.