Microsoft nastygrams site for hosting FairUse4WM

Ok, now things are just starting to get a little ugly. Microsoft, the reformed, kinder, gentler technology megacorp has apparently shifted gears from issuing statement after statement to partners on how to patch PlaysForSure against FairUse4WM and assigning "teams working around the clock" on a fix, to hunting down the scurvy dogs hosting FairUse4WM and sending them letters from Microsoft Legal. Now, we aren't lawyers, so we couldn't tell you for certain the potential ramifications for hosting files that could violate everyone's favorite law, the DMCA. That said, the nastygram Microsoft sent (posted in full after the break) to BG4G.net did not regard FairUse4WM, but instead stated BG4G "is offering 'Cracks' or 'Product Keys', intended to circumvent technical measures that control access to Microsoft's copyrighted works and that protect Microsoft's copyrights in those works." The last we checked neither FairUse4WM nor the material it "protects" is copyrighted by Microsoft (however, the "works" they're referencing are Windows Media Player 10 / 11, which makes this even more nebulous). Either way, we've officially passed the point where Microsoft plays music industry intermediary and DRM solutions provider, and entered the phase were Microsoft takes on the role of DMCA enforcer (we're sure the record labels with had absolutely nothing to do with this strongarming). What does the man running BG4G, Jason Woodcock, think about Microsoft Legal's letter? We asked, and after he referred us to his very clearly worded BG4G page on Online Copyright Infringement Liability Limitation Act on DMCA takedown provisions, he replied, "I refuse to take down this file until they can prove to me they own the copyright to this file (yeah right....) or a court system makes me. If the line is not drawn in the sand here, then they will keep bullying everyone around." Our hats go off to you, sir.

Demand for Immediate Take-Down: Notice of Infringing Activity

URL: http://www.bg4g.net/modules.php?name...etit&file_id=1
CASE #: 54768

15 September 2006

Dear Sir or Madam,

Microsoft has received information that the domain listed above, which appears to be on servers under your control, is offering unlicensed copies of, or is engaged in other unauthorized activities relating to copyrighted works published by Microsoft.

1. Identification of copyrighted works:

Copyrighted work(s):
Windows Media Player 10
Windows Media Player 11

Copyright owner:
Microsoft Corporation

2. Copyright infringing material or activity found at the following location(s): http://www.bg4g.net/modules.php?name...etit&file_id=1

The above location is offering 'Cracks' or 'Product Keys', intended to circumvent technical measures that control access to Microsoft's copyrighted works and that protect Microsoft's copyrights in those works.

3. Statement of authority:

The information in this notice is accurate, and I hereby certify under penalty of perjury that I am authorized to act on behalf of Microsoft, the owner of the copyright(s) in the work(s) identified above. I have a good faith belief that none of the materials or activities listed above have been authorized by Microsoft, its agents, or the law.

We hereby give notice of these activities to you and request that you take expeditious action to remove or disable access to the material described above, and thereby prevent the unauthorized distribution of these cracks or product keys via your company's network.

We appreciate your cooperation in this matter. Please advise us regarding what actions you take.

Yours sincerely,

James Young
Internet Investigator

on behalf of Microsoft Corporation

One Microsoft Way
Redmond, WA 98052
United States of America

E-mail: [e-mail]

[resource @ Sep 16th 2006 1:05PM]

Can you please stopping blogging about this program and the iTunes version of it as well?

I appreciate the heads up you gave us all about it, but by this point anyone who wants it has it and anyone who needs it can get it from their tech friends.

The first rule of the Fight Club is...

[ipodman715 @ Sep 16th 2006 1:05PM]

Here we go!

[Jonathan Keim @ Sep 16th 2006 1:20PM]

I like hearing about this news

[nimro @ Sep 16th 2006 1:28PM]

resource: if you dont want it, skip over it and stop clogging up the comments.

I, for one, applaud Jason Woodcock (what a name) for standing up to our Monopolizing overlords.

[Daniel @ Sep 22nd 2006 2:10AM]

I think you miss the point resource is trying to make. Of course like you we ALL want as much info on this program as possible, however the more it is talked about on this website and others, the sooner it will stop working. If it were just a matter of him not wanting to hear about it, you'd be right, he should just not look at it, however he wants it to be talked about less because the more it is talked about, the more pissed MS will get and will keep trying to shut it down.

[Z @ Sep 16th 2006 1:38PM]

Then again, nobody speaks of the musicians that played and composed the music? I don't think you'll find many praising MS for what they are trying to do.

[dave95 @ Sep 16th 2006 1:51PM]

MS > RIAA =

Funny I don't think the market leading Apple got their lawyers involved, they just continue to break it with each updates.

[CJ @ Sep 16th 2006 2:01PM]

As much as it pains all of us to watch the ongoing legal troubles, this letter is a bit misguided. I was not under the impression that Microsoft's copyright was dependent on protecting the media which its player plays. FairUse4WM does not modify WMP, therefore it does not violate Microsoft's copyright. I'm missing the connection there.

I know I'm going to regret saying this, but I feel bad for Microsoft. They're actually stuck in the middle here. Getting pushed around by both the labels and the hackers. Never thought I'd see the day.

[slyecho @ Sep 16th 2006 2:09PM]

It's probably just a cookie-cutter letter that was originally written for software pirates.

[Arnold Schwarzenegger @ Sep 16th 2006 2:50PM]

STOP WHINING!

[Jason Woodcock (Aka The Insane Nerd) @ Sep 16th 2006 3:34PM]

"I, for one, applaud Jason Woodcock (what a name)..."

LOL, thank you... I think.. ;)

Anyways, personally, I think we need to take this full force to their face. Trying to put small guys like myself out of business for hosting freeware software does nothing to combat the real problem they have with copyright infringement. The fact is, once the software is released into the wild, nothing they can do will stop it. Let's take DVDShrink for example.

This is the internet for crying out loud. An independent breathing evolving entity. Not some small third world country with defined borders.

Viodentia has written a nice piece of software to solve a problem that music junkies are facing. Microsoft is trying to brand this software a "Crack". Don't let them do it.

[sal @ Sep 16th 2006 3:25PM]

I think I will host the file as well

[DxM @ Sep 16th 2006 3:58PM]

"This is the internet for crying out loud. An independent breathing evolving entity. Not some small third world country with defined borders."

You forgot tubes.

[Nmaster @ Sep 16th 2006 4:51PM]

I went hunting...this dl link still works...

http://s11.quicksharing.com/v/6929310/FairUse4WM.v1.2_fix_.rar.html

Grab it while you can people!

[resource @ Sep 16th 2006 5:32PM]

I actually saw this story on the board where the file comes from.
I'm just saying, the more a big gadget site talks about it, the more heat it will get.

This is a great program.
I dont want them to get M$ed off the face of the planet.

[Jason Woodcock (Aka The Insane Nerd) @ Sep 16th 2006 5:44PM]

My download link will stay operational at http://www.BG4G.net until they court order me to take it down.

[Max Inux @ Sep 16th 2006 10:37PM]

Uhm, anyone done a whois on microsoft-antipiracy.com? note that is 'microsoft corp'.. but in the UK? hosted by non microsoft dns?
Registrant:
Microsoft Corporation
1 Microsoft Way
Redmond, WA 98052-6399
US

Domain Name: MICROSOFT-ANTIPIRACY.COM

Administrative Contact, Technical Contact:
Nildram Ltd [e-mail]
Ardenham Court
Aylesbury, Bucks HP19 8HX
UK
01296 319100 fax: [phone]


Record expires on 09-Jun-2007.
Record created on 09-Jun-2000.
Database last updated on 16-Sep-2006 22:36:34 EDT.

Domain servers in listed order:

DNS0.NILDRAM.CO.UK 195.112.4.14
DNS1.NILDRAM.CO.UK 195.112.4.7
DNS1.NILDRAM.COM 193.218.99.3
DNS0.NILDRAM.COM 193.218.99.4

You have been had!

Max

[SlyckStyx @ Sep 18th 2006 10:27AM]

::sigh::

I long for the days when music files were just music, and the Internet was a playground with no bullies (even though replete with nerds...).

Rich, stuck up corporations should leave us plebeians to what little fun we have left: a free-spirited Internet.

[ChillyWilly @ Sep 19th 2006 3:25PM]

Funny how they mention Windows Media Player, which is not getting touched at all. I bet they are referring to using Windows Media Player to circumvent the DRM purchased music.

As for that file that they are probably referring to, my guess it would be the physical downladed file that contains the DRM music. If I'm not mistaken, doesn't that file stay intact (very much how the iTunes DRM removal process happens), creating a new file.

And the license isn't for the physical file... it's for the music contained inside of it. So technically, creating an alternate copy of the file is very much creating a backup of it, leaving the original file untouched.

I really don't see how MS has a leg to stand on here, other than playing the cat and mouse game of staying a step ahead of the un-DRM tools.