Reply #43: Reading the ES&S letter

[Kelvin Mace]

they seem to say that Bev has posted a link to Slashdot, that links to zip files on a server under her control (blackbox1.org) containing programs ES&S own.

IF true, then Bev would be in violation of the law.

Now, a look up of blackbox1.org shows the owner is hidden by a proxy. One might assume that ES&S' legal teem would have picked up the phone/FAX/FedEx envelope and told the proxy to fork over the name of the domain holder. One could be absolutely wrong, since my experience with these things tells me that most law firms are completely clueless on IP law and the DMCA.

Now, if Bev REALLY doesn't own this server, or have ANYTHING to do with the files being posted, then her lawyer should simply send a letter back saying in essence "We don't own the server, try doing your homework. Now piss off!"

Instead, Bev is turning it into yet another "fundraising moment" by getting it posted over here.

ES&S are being idiots about this for two reasons. 1) Their attorneys, who claim to be experts on copyright law, chose to send a C&D letter to demand the files be removed. If they really knew what they were doing they would simply have used the DMCA to pull the files themselves. A "pull down" notce happens at once, it does not have to wait for "due process" (a power I totally disagree with). 2) Instead, they have sent a C&D letter, which Bev posted (and any moron would know that she would post it), which tells the world the location of the files. I just checked, the files are still there and still there and still accessable. Also, a DMCA order would also have revealed the actual owner of the server.

If Bev truly doesn't have anything to do with it, they have made Bev look the hero, giving her more means to raise money, and they have opened themselves up for counter litigation from Bev.

These people shouldn't be allowed to write grocery lists, never mind write voting software.