Bonum Certa Men Certa

Benchmark Reviews is Plagiarism, Exposed, Resorts to DMCA Abuse (to Censor Critics)

"Shoot first, ask questions later"



Summary: Another new case of DMCA abuse (bogus takedown request as means of censorship) shows why the likes of ACTA are a threat -- not a treat(y) -- to people's freedom and why DMCA should be weakened or repealed

THIS post does not deal with software, for a change. LiberalViewer spoke to YouTube/Google earlier this month about DMCA abuse and fair use (see video above and bear in mind that it's only part 1). These are important issues which increasingly impede or facilitate our freedom of speech on the Web.



Last year we wrote quite a lot about Microsoft's laptop bribes [1, 2, 3, 4], which are a way of earning positive reviews for Microsoft products, notably Vista 7. Fake reviews of Microsoft products are not uncommon and they are sometimes posted by former or existing employees of the company. Over the years we have given several examples and offered concrete proof.

It is with some delight that we found out a corrupt reviewer getting busted over a fake review. This reviewer then resorted to DMCA abuse rather than apology, retraction, or stepping down from what now seems like a corruptible 'publication', namely Benchmark Reviews, which typically just excerpts (copies) almost everything from Phoronix and perhaps other benchmark/review sites. Here is what TechDirt wrote about it:

Reviewer Caught Posting Marketing Material As A Review... Uses DMCA To Takedown Site Of Guy Who Exposed Him



Duncan writes in to alert us to what must the mother of all stories of a guy caught doing something questionable online, who then goes to amazingly great lengths -- including publishing private info, blocking users, changing content surreptitiously and (finally) using a bogus DMCA takedown to takedown the entire site of the guy who caught him. It's quite a story, so let's start from the beginning.


Read on as it gets interesting and the takedown request is clearly a bogus one. So get ready for the likes of ACTA, which introduce yet more draconian terms that hinder sharing for purposes of criticism (fair use). The whole situation around DMCA is made worse by the fact that there is burden of proof on the accused. What a ridiculous law and how sad it must be that Google, based on the panel discussion regarding YouTube, prioritises the MAFIAA at the expense of YouTube users when it comes to balancing fair use. See the full series of videos and you will find out that Google is quite pretentious about it (or maybe it's just that spokesman of theirs).

Guess who among the software CEOs is a fan or a proponent of the DMCA? The guy who has stakes in Disney, Steve Jobs. That's right, but he's losing:

AFTER YEARS of taking a very conservative approach to the US Digital Millenium Copyright Act (DMCA), the US Library of Congress has issued a wave of rulings that all but turn the law on its head.

Every three years, the Library of Congress reviews its policy on the DMCA and releases its opinions about how it should be interpreted.

This time the Library allowed widespread circumvention of the CSS encryption on DVDs, under some conditions. And in an opinion that sails up the nose of Steve Jobs it has ruled that jailbreaking Iphones qualifies as "Fair Use". It also will let punters crack their legally purchased e-books in order to have them read aloud by computers.


Yesterday the EFF made the following announcement:

EFF Wins New Legal Protections for Video Artists, Cell Phone Jailbreakers, and Unlockers



San Francisco - The Electronic Frontier Foundation (EFF) won three critical exemptions to the Digital Millennium Copyright Act (DMCA) anticircumvention provisions today, carving out new legal protections for consumers who modify their cell phones and artists who remix videos — people who, until now, could have been sued for their non-infringing or fair use activities.


Here is another new article titled "Why Fair Use is Not Just Acceptable, It's Essential for the Future"

The Library of Congress added a number of ambitious new exceptions to the Digital Millenium Copyright Act's prohibition of breaking copyright technologies today, most notably concerning iPhone jailbreaking and unlocking.


Too bad for Apple, eh? That company which Groklaw seems to be defending for reasons we cannot understand.

Comments

Recent Techrights' Posts

Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
 
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day