Post: [NEWS:]►Sony Removes Gitorious Repositories
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02-24-2011, 05:45 PM
#1
NextGenTactics
Banned
Remember a while ago i told you about You must login or register to view this content. of the removal of the “ps3 hacking” repositories?
Well the argument was the DMCA takedown was under US law, however another DMCA notice has been sent under Norwegian law (where Gitorious is hosted), and they are now forced to removed the following Gits. including the MFW git:
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And here is the full takedown notice:
1 Marius Mathiesen
2 Gitorious AS
3 Nedre Slottsgate 13
4 0157 NO-OSLO
5 Norway
6
7
8 **Re: Notification of United States Copyright Law Violations at Listed URLs**
9
10 Dear Mr. Mathiesen:
11
12 Thank you for your email of February 3, 2011. Sony Computer
13 Entertainment America LLC (“SCEA”
appreciates Gitorious’s prompt14 compliance with SCEA’s prior takedown request and removal of the
15 repositories at the addresses referenced in our February 1, 2011
16 letter (the “Feb. 1, 2011 URLs”
. As you have requested, the following17 shall explain how the content at the Feb. 1, 2011 URLs is unlawful
18 under Norwegian law.
19
20 The Norwegian Copyright Act contains prohibitions against the
21 circumvention of effective technological protection
22 measures. Specifically, section 53a of the Copyright Act prohibits the
23 “circumvent[ion of] effective technological protection measures that
24 the right holder, or others he has given permission, employs to
25 control the copying or making available to the public of a protected
26 work.” The files hosted at the Listed URLs are circumvention devices
27 that violate this statutory provision because they circumvent
28 technological protection measures in SCEA’s PlayStation® 3 computer
29 entertainment system that protect copyrighted works, including SCEA
30 copyrighted software programs, Programmer Tools, and video
31 games. Thus, the content at the Listed URLs is in violation of
32 Norwegian law as circumvention devices in violation of section 53a
33 Norwegian Copyright Act.
34
35 Gitorious’s hosting of the content at the Listed URLs subjects it to
36 direct liability under the Norwegian Copyright Act. Specifically, it
37 is unlawful under section 53a to: “a) sell, rent or in any other way
38 make available, b) manufacture or import for the making available to
39 the public, c) advertise for sale or rental, d) possess for commercial
40 purposes, or e) offer services in connection with” the aforementioned
41 circumvention devices. Similarly, under section 53c, “[t]he sale of,
42 or possession for purposes of gain, of any means the sole purpose of
43 which is to facilitate the unlawful removal or circumvention of
44 technical devices for the protection of a computer program, is
45 prohibited.”
46
47 We note that Gitorious’s hosting of the content at the Listed URLs, or
48 any similar content constitutes multiple violations of the
49 abovementioned provisions of the Norwegian Copyright Act, including
50 but not limited to “mak[ing] available,” “import[ing] for the making
51 available to the public,” “possess[ing] for commercial purposes,”
52 and/or “possession for purposes of gain.”
53
54 Furthermore, Gitorious’s hosting activities give rise to liability for
55 contributory copyright infringement under the Norwegian Copyright Act
56 sections 2 and 54. Specifically, the content at the Listed URLs
57 facilitate infringement of copyrighted works, as discussed above. By
58 hosting the content at the Listed URLs, Gitorious is thereby making
59 the files more accessible to the public, and consequently,
60 facilitating copyright infringement of protected works. *See* the
61 Norwegian Supreme Court’s napster.no case (Rt. 2005 s. 41) (holding
62 owner of the website [url]www.napster.no[/url] was liable for contributory
63 infringement).
64
65 In the time that has passed since your last correspondence, we have
66 identified similar content at additional URLs hosted by Gitorious (the
67 “Feb. 16, 2011 URLs”
. Please refer to the table below identifying the68 addresses containing unlawful content:
69
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121
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123
124 Specifically, the content at the Listed URLs markets, traffics in,
125 distributes, and offers “Custom Firmware,” “Keys,” and/or “Signing
126 Tools” files or components thereof. These files or components thereof
127 are illegal because they facilitate infringement of copyrighted works,
128 including SCEA copyrighted software programs, Programmer Tools, and
129 video games, in violation of the Norwegian Copyright Act sections 2
130 and 54, and the United States Copyright Act, 17 U.S.C. § 101, *et
131 seq*. and 17 U.S.C. § 501, *et seq*. The files also constitute
132 circumvention programs, technologies, devices, services, or components
133 because they circumvent SCEA’s PlayStation®3 computer entertainment
134 system’s technological protection measures in violation of the
135 Norwegian Copyright Act section 53 and the United States Digital
136 Millennium Copyright Act (“
MCA”, 17 U.S.C. § 1201, *et seq*.137
138 I have a good faith basis that the web content at the Listed URLs is
139 an infringement of SCEA’s rights under Norwegian and United States
140 copyright law, and that the infringing content is authorized by
141 neither SCEA nor the law.
142
143 **Accordingly, SCEA requests that you immediately take down the web
144 content at all of the URLs listed above. Please remove the content as
145 soon as possible, and no later than by February 23, 2011.** Thank you
146 in advance for your continued cooperation and assistance. If you have
147 any questions, please contact me at the email address or phone number
148 listed above.
149
150
151 Sincerely,
152 KILPATRICK TOWNSEND & STOCKTON LLP
153
154 [private]
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