OSDN | Our Network | DevChannel | Newsletters | Advertise | Shop     X 

Click Here!
Welcome to Slashdot Linux Business Technology Space Hardware Microsoft
 faq
 code
 awards
 journals
 subscribe
 older stuff
 rob's page
 preferences
 submit story
 advertising
 supporters
 past polls
 topics
 about
 bugs
 jobs
 hof

Sections
apache
Dec 2

apple
Dec 23
(2 recent)

askslashdot
Dec 22
(1 recent)

books
Dec 20

bsd
Dec 22
(2 recent)

developers
Dec 21

features
Dec 23
(1 recent)

interviews
Dec 23
(1 recent)

radio
Jun 29

science
Dec 24
(4 recent)

yro
Dec 23
(7 recent)

DOW Threatens Verio, Verio silences activists | Log in/Create an Account | Top | 62 comments | Search Discussion
Threshold:
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
Does this surprise anyone (Score:2)
by MImeKillEr (445828) on Monday December 23, @08:21AM (#4943803)
(http://slashdot.org/ | Last Journal: Thursday September 26, @02:50PM)
Given what happened to FatWallet over the Black Tuesday adverts?

What the hell is DOW claiming under the DMCA? The name? Give me a break. I hope there's such a HUGE stink over this that it permanently tarnishes DOW and Verio's reputations. Fscking corporate slimeballs.
[ Reply to This ]
    Re:Does this surprise anyone (Score:2)
    by MImeKillEr (445828) on Monday December 23, @08:30AM (#4943840)
    (http://slashdot.org/ | Last Journal: Thursday September 26, @02:50PM)
    From Dow's press release (at http://www.dowethics.com/r/environment/freedom.htm l [dowethics.com])
    Wow. dowethics. Given the circumstances, wouldn't that be an oxymoron?


    "The provider, Verio, graciously complied with our letter citing the Digital Millennium Copyright Act (DMCA). Not only did they shut down Dow-Chemical.com, but as a good corporate citizen, they agreed to shut down an entire network (Thing.net) of websites many of which, while unrelated to dow-chemical.com, appear to serve no commercial purpose, being dedicated to the unproductive analysis and critique of society and corporate behaviour.

    We applaud the courage of Verio in taking this act, as it sends a strong signal to the "artists, activists," and other blatantly non-commercial users of Thing.net. That message can be stated simply: Corporate America will defend its right to Free Speech on the internet rigorously. Verio ensured that this message was understood by giving Thing.net a 60-day eviction notice following the network's restoration to the internet. This is the kind of justice which Dow can afford, and which we hope will become a model for the future of the internet."


    So, apparently DOW now would like to think of themselves as net critics and that since Thing.net is hosting sites that "serve no commercial purpose, being dedicated to the unproductive analysis and critique of society and corporate behaviour" then everything's ok and we should all just grab out ankles now..

    "Corporate America will defend its right to Free Speech on the internet rigorously." Oh, ok. Since those using Thing.Net aren't a corporation with a bunch of high-priced lawyers they don't get to use free speech? Thanks a lot, assholes.

    This is the kind of justice which Dow can afford, and which we hope will become a model for the future of the internet." Translations: We sikked our hybrid lawyer-dogs on Verio and they put out quicker than a Freshman cheerleader at the Senior prom. We 0wnz them now. We will 0wnz j00 too.

    Oh yeah, I got first post.
    [ Reply to This | Parent ]
      Re:Does this surprise anyone (Score:2, Insightful)
      by GigsVT (208848) on Monday December 23, @08:36AM (#4943873)
      (http://www.electronicschat.org/ | Last Journal: Saturday December 21, @07:32PM)
      Well, you just proved Dow's case. You were misled by the parody site, beliveing it to be an official statement of Dow Chemical. That was Dow's whole complaint in the first place.
      [ Reply to This | Parent ]
        Re:Does this surprise anyone (Score:3, Interesting)
        by MImeKillEr (445828) on Monday December 23, @08:48AM (#4943931)
        (http://slashdot.org/ | Last Journal: Thursday September 26, @02:50PM)
        Wow. That's pretty fucked up. Their site looks TOO much like Dow's.

        Dow may not have too hard a time proving their case. However, Thing.Net's owners *might* come out ahead on this. It's still a parody site -- even though there aren't any disclaimers stating as much. Certainly will be interesting to see where this goes...

        As for my getting roped in. All I can say is

        DOH!

        Thanks for pointing it out.

        Mental note: Consume at least TWO cups of cofee before posting comments to Slashdot in the morning...
        [ Reply to This | Parent ]
        Except that... (Score:2)
        by Big Sean O (317186) on Monday December 23, @01:18PM (#4945666)
        (http://www.officemonkey.org/)
        I feel sorry for anyone who fell for the parody site (after reading the whole thing), but I don't think it was out of line. If someone was misled by the parody site, then they're not careful readers. They have been trolled. They have lost. Have a nice day.

        I thought it was very very funny. In a doubleunplusgood funny sorta way. I've got to give credit to the writer. S/he has pegged the corporate doubletalk that makes up so much corporate communication.

        I do think the site should have a 'parody' tag down at the bottom.
        [ Reply to This | Parent ]
          Re:Except that... (Score:2)
          by Twirlip of the Mists (615030) <twirlipofthemists@yahoo.com> on Monday December 23, @09:16PM (#4949170)
          (Last Journal: Thursday December 19, @11:55AM)
          I feel sorry for anyone who fell for the parody site (after reading the whole thing), but I don't think it was out of line. If someone was misled by the parody site, then they're not careful readers.

          Remember, this isn't just about the site. It's about the press release that these guys sent out with Dow's name all over it. There was absolutely nothing about this press release that even implied that it was a parody. It looked like a perfectly genuine, if insanely horrible, corporate statement. The only clue that it's not completely genuine is the fact that the press release refers to a past president of Dow as if he were the current president, and I only know that because I looked it up while fact-checking the release. The name "Panaline Boneril" sounds suspiciously like an anagram, but what the heck is "a plebeian or Lenin" supposed to mean?

          This is clearly defamation and fraud. Have a look. (This copy was emailed to the BBC's "Breakfast" show, and was included in the lawyer's correspondence to Verio.)

          From: Dow Chemical Corporation [SMTP:press@dow-chemical.com]
          Sent: Tuesday, December 03, 2002 9:49 AM
          To: Breakfast R5L <breakfast@bbc.co.uk>
          Subject: DOW ADDRESSES BHOPAL OUTRAGE, EXPLAINS POSITION

          December 3, 2002

          FOR IMMEDIATE RELEASE
          Contact: mailto:press@dow-chemical.com

          DOW ADDRESSES BHOPAL OUTRAGE, EXPLAINS POSITION
          Company responds to activist concerns with concrete action points

          In response to growing public outrage over its handling of the Bhopal disaster's legacy, Dow Chemical (http://www.dow-chemical.com) has issued a statement explaining why it is unable to more actively address the problem.

          "We are being portrayed as a heartless giant which doesn't care about the 20,000 lives lost due to Bhopal over the years," said Dow President and CEO Michael D. Parker. "But this just isn't true. Many individuals within Dow feel tremendous sorrow about the Bhopal disaster, and many individuals within Dow would like the corporation to admit its responsibility, so that the public can then decide on the best course of action, as is appropriate in any democracy.

          "Unfortunately, we have responsibilities to our shareholders and our industry colleagues that make action on Bhopal impossible. And being clear about this has been a very big step."

          On December 3, 1984, Union Carbide--now part of Dow--accidentally killed 5,000 residents of Bhopal, India, when its pesticide plant sprung a leak. It abandoned the plant without cleaning it up, and since then, an estimated 15,000 more people have died from complications, most resulting from chemicals released into the groundwater.

          Although legal investigations have consistently pinpointed Union Carbide as culprit, both Union Carbide and Dow have had to publicly deny these findings. After the accident, Union Carbide compensated victims' families between US$300 and US$500 per victim.

          "We understand the anger and hurt," said Dow Spokesperson Bob Questra. "But Dow does not and cannot acknowledge responsibility. If we did, not only would we be required to expend many billions of dollars on cleanup and compensation--much worse, the public could then point to Dow as a precedent in other big cases. 'They took responsibility; why can't you?' Amoco, BP, Shell, and Exxon all have ongoing problems that would just get much worse. We are unable to set this precedent for ourselves and the industry, much as we would like to see the issue resolved in a humane and satisfying way."

          Shareholders reacted to the Dow statement with enthusiasm. "I'm happy that Dow is being clear about its aims," said Panaline Boneril, who owns 10,000 shares, "because Bhopal is a recurrent problem that's clogging our value chain and ultimately keeping the share price from expressing its full potential. Although a real solution is not immediately possible because of Dow's commitments to the larger industry issues, there is new hope in management's exceptional new clarity on the

          Read the rest of this comment...

          [ Reply to This | Parent ]
      Re:Does this surprise anyone (UH) (Score:1)
      by iolaire_in_swe (540404) <mailto:iolaire@iolai[%20]com%20['re.'%20in%20gap]> on Monday December 23, @08:38AM (#4943886)
      (http://iolaire.com/)
      Er... that's the PARODY site. :]
      [ Reply to This | Parent ]
I wish (Score:-1, Flamebait)
by Anonymous Coward on Monday December 23, @08:32AM (#4943847)
someone fucking silenced slashdot already
[ Reply to This ]
I don't know about these guys. (Score:2, Informative)
by GigsVT (208848) on Monday December 23, @08:34AM (#4943856)
(http://www.electronicschat.org/ | Last Journal: Saturday December 21, @07:32PM)
http://www.dowethics.com/r/environment/freedom.htm l

They have that linked as "Dow's response" to the incident, apparently yet another parody site, but I was sure confused at first. I could see how someone could be misled to believe it was a real Dow site.

These guys are pushing the line a little too far I think. The site looks a whole lot like an official site.
[ Reply to This ]
Naaa, the DMCA will never be abused... (Score:1)
by GeekWithGuns (466361) on Monday December 23, @08:37AM (#4943879)
(http://www.xaox.net/)

IANAL (God I hate it when people start posts like that), but Wouldn't this be a great case to challenge the DMCA with? If all the facts are straight here then DOW Chemicals has enfringed on the first amendment rights of the person who wrote the parody. Bill of rights should proove that this law at least in this case should not be applied, but at best could make the DMCA unconstitutional.

If that dosn't stir the pot, how about a lawsuit aganst Verio. The DMCA says that the ISP (in this case it should be Thing.Net must take down the material. DOW knew that Thing.Net would have complied only to allow the counter notice and reposting part of the DMCA to go into effect or just fired back with a "Liar, Liar, we have Lawyers too" letter since they specialize in activists sites. DOW chose wisely and picked the ISP's ISP and pretty much guaranteed that Thing.Net would have to bow to the pressure. And now Verio is cutting off Thing.Net in 60 days?!? The DMCA dosen't say anything about that! Get a lawyer and sue them to hell!

[ Reply to This ]
Free Speech (Score:1)
by zietlow (199661) on Monday December 23, @08:38AM (#4943885)
(http://www.ninja-assassin.com/)
From the Site http://www.dowethics.com/r/environment/freedom.htm l [dowethics.com]

Corporate Freedom of Speech is one of our most precious Freedoms

Now granted I didn't see the site (mirror anyone?) but what about Personal free speech? In this day and age of governemnt where there doesn't seem to be much for freedoms unless you invest a couple hundred thousand in your favorite politicians wallet. Why does DOW get free speech and they can threaten someone for exercising thiers?

Was the company on Thing.net causing them harm, cutting into thier billions of dollars of profits for the year?
[ Reply to This ]
    Re:Free Speech (Score:1)
    by Anonymous Coward on Monday December 23, @08:40AM (#4943896)
    That's the parody site. That's the whole problem Dow has with the parody site, is that it looks a whole lot like an official statement.
    [ Reply to This | Parent ]
Legal grounds (Score:2)
by MImeKillEr (445828) on Monday December 23, @08:41AM (#4943898)
(http://slashdot.org/ | Last Journal: Thursday September 26, @02:50PM)
Before anyone stars foaming at the mouth about use of the Dow name (and even the look of their corporate page, which I didn't see the specific mention of) take a look at the following links:

http://www.business2.com/articles/web/0,1653,9452, 00.html [business2.com]

http://supct.law.cornell.edu/supct/html/92-1292.ZS .html [cornell.edu]

http://www.chillingeffects.org/protest/ [chillingeffects.org]

http://overlawyered.com/topics/silicon.html [overlawyered.com]

[ Reply to This ]
If one good thing could come of this... (Score:0)
by Anonymous Coward on Monday December 23, @08:44AM (#4943913)
If one good thing could come of this, it would be that everyone would stop and think about what might have happened eighteen years ago that Dow would like you to have forgotten. Dow's actions are presumably to try and stop this bad PR from resurfacing. It's something that's been lost to the public consciousness for a while now...

Dow owns Union Carbide, responsible for killing thousands in Bhopal, India through multiple dangerous accidents in its chemical plants. Despite Dow putting a caring face on [bhopal.com] (the site is owned by Dow, though it isn't clear by looking at the main page), the aftermath continues [thirdworldtraveler.com].

A fairly good summary of the event can be found here [chemsafety.gov], although it doesn't quite reveal the way Union Carbide pretty much tried to ignore the Indian legal system, ignoring repeated summons, allegedly trying to abandon responsibility for the accident altogether.

[ Reply to This ]
    Re:If one good thing could come of this... (Score:0)
    by Anonymous Coward on Monday December 23, @09:19AM (#4944053)
    Jesus fucking christ, dude. Ever heard the expression "the sins of the father?" Dow had no relationship with Union Carbide back then, so they shouldn't be blamed for anything now.

    What happened in Bhopal was a tragedy. But fucking get over it. The world has moved on.
    [ Reply to This | Parent ]
      Re:If one good thing could come of this... (Score:0)
      by Anonymous Coward on Monday December 23, @09:21AM (#4944059)
      The people still suffering in Bhopal have not moved on, and Dow still hasn't made full restitution.

      Many are suffering needlessly and need aide, and Union Carbide hasn't made right under Dow's direction.

      [ Reply to This | Parent ]
        Re:If one good thing could come of this... (Score:0)
        by Anonymous Coward on Monday December 23, @09:29AM (#4944098)
        People will always suffer, everywhere. Responsibility has limits. This morning I turned on my lamp next to my bed. When I did, light shone out and caused a startled bird to fly out of the tree next to my window. That bird flew out of the neighborhood and over the highway, where it startled a passing motorist. That motorist slammed on his brakes and the guy behind him plowed into his bumper at 80 miles an hour. The lawyer will be showing up at my door any minute with the papers naming me in the lawsuit. Because, dear god, if I'd only kept my lamp off this all could have been prevented.

        Bhopal is ancient history. Come join the rest of us in the 21st century.
        [ Reply to This | Parent ]
DMCA? HUH? (Score:3, Insightful)
by Twirlip of the Mists (615030) <twirlipofthemists@yahoo.com> on Monday December 23, @09:13AM (#4944028)
(Last Journal: Thursday December 19, @11:55AM)
Can anybody dig up independent confirmation that this has anything at all to do with the DMCA? The RTMark press release mentions it in the context, "Dow was not amused, and sent a Digital Millennium Copyright Act (DMCA) complaint to Verio, which immediately cut Thing.net off the internet for fifteen hours." But that doesn't make a whole lot of sense.

More importantly, the New York Times article on the subject (here [nytimes.com]), makes no reference at all to the DMCA, instead saying that "Dow's lawyers contacted Verio to complain that the site infringed on its trademarks, among other sins." If the DMCA were involved, I'm reasonably sure that the NYT article would mention it.

If I had to take a wild-ass guess, I'd say that what probably happened is that Dow simply told Verio that they want the offending web site shut down, and possibly that the site was making unauthorized use of their trademarks or some such. Verio said to themselves, "On the one hand we have a bunch of activists who pay their bills, but who aren't a significant source of revenue for us. On the other hand we have Dow Chemical, a gigantic multinational corporation that could throw us a lot of money if we have a good relationship with them." And they made a business decision.

If that's what happened, I really don't see a reason to get all up-in-arms. Yes, this is an inconvenience for the activists. But, if it happened the way I'm guessing, nobody did anything illegal, or even unethical.

(Incidentally, the NYT article also says, "When [Staehle] called Verio to ask why his entire network had been unplugged instead of the sole offending site, he said, a Verio lawyer told him that the Thing had violated its policies repeatedly and that its contract would be terminated."

The article goes on: "Verio had shut down part of the Thing once before. In 1999 the online toy retailer eToys.com asked a California court to stop an online arts group from using its longtime Web address etoy.com. The Electronic Disturbance Theater, a Thing client, staged a virtual protest by overloading the retailer's site with traffic during the holiday season. Verio blocked access to one of the Thing's computers until the protest site's owners agreed to take it offline."

Sounds like Thing.net isn't merely the mild-mannered parody site it claims to be. Parody is one thing. Actual disruption is something else altogether. Though they're not commenting, maybe Verio had some really good reasons to do what they did.)
[ Reply to This ]
    Re:DMCA? HUH? (Score:3, Informative)
    by Zapman (2662) on Monday December 23, @10:19AM (#4944383)
    Verio [probably] said to themselves, "On the one hand we have a bunch of activists who pay their bills, but who aren't a significant source of revenue for us. On the other hand we have Dow Chemical, a gigantic multinational corporation that could throw us a lot of money if we have a good relationship with them." And they made a business decision.

    If that's what happened, I really don't see a reason to get all up-in-arms. Yes, this is an inconvenience for the activists. But, if it happened the way I'm guessing, nobody did anything illegal, or even unethical.

    I won't go into the rest of your post, which I thought was well and good. However, while I see the logic of your 'wild assed guess', I disagree with your statement that it's 'not unethical'.

    Say you have a mindspring.com account. On your personal web page, you post that 'bill gates of borg' icon that he's reputed to hate so much. He causes a letter to be sent to mindspring, and your account is revoked, using the same logic you just called 'a business decision'.

    This is precisely the kind of thing that power leads to, if it's not curbed. Look at the nobles of the middle ages. Not held accountable, they could kill anyone they wished without repurcussions. This is just a modern day version of that.

    We must protect fredom of speech (obviously keeping in mind the limits WRT slander and libel). We must we must protect those liberties.

    Now, if thing.net violated libel and slander laws, they get what is coming to them. If they didn't, then what happened is unethical, and should be illegal.
    [ Reply to This | Parent ]
      Re:DMCA? HUH? (Score:3, Insightful)
      by Twirlip of the Mists (615030) <twirlipofthemists@yahoo.com> on Monday December 23, @10:33AM (#4944493)
      (Last Journal: Thursday December 19, @11:55AM)
      Um. Verio is a private company. (Well, they're publicly traded, but they're owned by private individuals. You know what I mean.) They are entitled to do business with whomever they please.

      Nobody went to these guys and said, "Hey, you can't say that." (At least, not yet.) Rather, Verio said, "If you wanna do that, get your connectivity somewhere else."

      Verio is completely and totally free to do that. Just because these guys have a Constitutionally protected right to say (nearly) whatever they want doesn't mean that any particular provider of services is obligated to do business with them.

      Let me give you a real-world for-instance. About six years ago I was working as a pre-sales engineer for a fairly major computer company. (You've heard of them.) Somebody came to us and said, "I want to build a web site, and I need a very powerful server to do it." I, along with the sales rep, talked to him, and he said, after some probing, that he wanted to get into the "adult entertainment" business. Basically he wanted to build a porn site.

      That's entirely legal. Nothing wrong with it, as far as the law is concerned. But the sales rep I was working with said to me, after the meeting, that he simply didn't want to do business with this guy. He had an opinion on porn-- not necessarily the same as mine, but I respected it-- and he acted accordingly. We never called the guy back, and we never returned any of his subsequent calls.

      Life is full of little decisions like that. Ours was made on moral grounds; the sales rep I was working with had a moral objection to porn. Verio's decision was probably made purely on business grounds. Everybody-- individual and corporation alike-- is entitled to make those decisions for themselves.

      I stand by my statement that what Verio did was neither illegal, unethical, nor wrong.

      Say you have a mindspring.com account. On your personal web page, you post that 'bill gates of borg' icon that he's reputed to hate so much. He causes a letter to be sent to mindspring, and your account is revoked, using the same logic you just called 'a business decision'.

      Get an account with another service provider. If you can't find one that will give you an account, take out a bank loan and start your own. If you can't start your own, then get your message out through another medium. Public access television. Letters to the editor. Flyers under windshield wipers. Whatever.

      Freedom of speech is not being affected here in any way.

      Not held accountable, they could kill anyone they wished without repurcussions. This is just a modern day version of that.

      Exaggerate much? Nobody has killed anybody. Let's get this back down to earth, okay?
      [ Reply to This | Parent ]
        Re:DMCA? HUH? (Score:2)
        by Zapman (2662) on Monday December 23, @10:54AM (#4944635)
        As an asside, 'private company' generally means a company like google, owned by a small group of indivduals. Verio is a public company. It is owned by it's shareholders.

        Your example from your pre-sales day is a totally different world. Verio had already decided to do business with thing.net, and had written a contract to do so. You and this 'someone' had NOT started doing business. You're totally free to choose who to do business with. However, once you start, it depends on the contract.

        I very strongly believe that if you say (like in a contract) that you're going to do something, you need to follow through with it.

        As for your 'get an account with another service provider', sure that's possible. However, if BillG was really after you, and if all the service providors followed your logic, then you would be silenced, in the medium of the internet.

        As for the reference to the middle ages, it's something called an analogy. A story used to illustrate a point. Exageration? Maybe. However the nobles DID work quite hard to destroy opposition. Why do you think the French Revolution was so keen to have a free press? The nobles silenced many a newspaper. Sure, they could have gone back to writing the things by hand (the equivelent of you're suggestion that they should change medium), but that would have been much less effecient.
        [ Reply to This | Parent ]
          Re:DMCA? HUH? (Score:2)
          by Twirlip of the Mists (615030) <twirlipofthemists@yahoo.com> on Monday December 23, @11:07AM (#4944671)
          (Last Journal: Thursday December 19, @11:55AM)
          As an asside, 'private company' generally means...

          Yeah, did you see the thing I wrote up there inside parentheses? Thanks.

          Verio had already decided to do business with thing.net, and had written a contract to do so.

          And, undoubtedly, that contract included plenty of clauses describing conditions under which either party could terminate.

          However, if BillG was really after you, and if all the service providors followed your logic, then you would be silenced, in the medium of the internet.

          So? Try as I might, I can't get a network TV show. I'm effectively silenced in the medium of network television. Is this a free speech issue? No, of course not.

          As for the reference to the middle ages, it's something called an analogy.

          Actually, it's something called hyperbole. And something called wildly inapplicable. And something called a waste of breath.
          [ Reply to This | Parent ]
    Re:DMCA? HUH? (Score:1)
    by wolfgangsta (636278) on Monday December 23, @08:39PM (#4948977)
    Thing.net is an ISP and not a parody site. The parody site was on a co-location server of one of our paying customers. Now, if Verio has a problem with the "Yes Men," they know damn well the IP address of their server and it would have be easy for them to block that address. Instead they choose to shut down the whole c-class net after leaving a message on our answering machine giving us 20 minutes to pull the plug on that machine.

    What did you say? "Parody is one thing. Actual disruption is something else?" Now, who is disrupting who here? Why is Verio cutting off service to 300 paying customers for 16 hours? What about their rights?

    As to your question about whether the DMCA was invoked: yes it was. The Verio legal department told me, that they are "required to terminate our contract because of repeat infringements of the Digital Milleneum Copyright Act."

    There you go.

    http://www.thing.net
    http://thing.net/switch
    http://secure.thing.net/backbone

    [ Reply to This | Parent ]
      Re:DMCA? HUH? (Score:2)
      by Twirlip of the Mists (615030) <twirlipofthemists@yahoo.com> on Monday December 23, @09:00PM (#4949104)
      (Last Journal: Thursday December 19, @11:55AM)
      Instead they choose to shut down the whole c-class net after leaving a message on our answering machine giving us 20 minutes to pull the plug on that machine.

      According to Verio, Thing.net has been in violation of Verio's AUP for some time. Whether that's true or not is between you guys, but that's their opinion, and it explains why they shut you down.

      And, in all fairness, after they restored your connectivity and you asked for 3-4 months to transition to another provider, they did agree to give you 90 days before shutting you down for good, right? I'm not trying to say that they're right and you're wrong, but it's not quite accurate to imply that they're being completely unreasonable, either.

      Now, who is disrupting who here? Why is Verio cutting off service to 300 paying customers for 16 hours?

      The difference between a denial of service attack against a company that some people find to be politically unacceptable and a company's cutting off a customer that they claim is in material breach of their AUP should be blindingly obvious. You can't really put the two situations on the same level.

      As to your question about whether the DMCA was invoked: yes it was.

      Yes, I heard. Early this morning I asked for independent confirmation of the DMCA part, and I got it from a couple of different sources, including from Dow's lawyers. I appreciate your mentioning it, though.
      [ Reply to This | Parent ]
        Re:DMCA? HUH? (Score:1)
        by plagiarist (87743) on Tuesday December 24, @02:52AM (#4950561)
        The difference between a denial of service attack against a company that some people find to be politically unacceptable and a company's cutting off a customer that they claim is in material breach of their AUP should be blindingly obvious. You can't really put the two situations on the same level.


        What denial of service attack? This is about a parody site criticizing a corporation, not about a denial of service attack. Dow's website was still up - it was parodied, not DOS'ed - but Verio responded by shutting down the Yes Men's parody site - *and* the sites of approximately 299 unrelated Thing clients. (Thing didn't do the parody, the Yes Men did.)

        [ Reply to This | Parent ]
          Re:DMCA? HUH? (Score:2)
          by Twirlip of the Mists (615030) <twirlipofthemists@yahoo.com> on Tuesday December 24, @02:59AM (#4950595)
          (Last Journal: Thursday December 19, @11:55AM)
          One of the reasons Verio cited for shutting down the entire Thing network was a denial of service attack launched some time ago against etoys.com or etoy.com or whichever it was. There was a domain name dispute at the time, and somebody on Thing's network decided to do something about it by DOS'ing the company's site right before a big holiday.

          Verio's position is that Thing's network got cut off because of a pattern of repeated AUP violations, not just one incident. Straw that broke the camel's back, sort of thing.
          [ Reply to This | Parent ]
            Re:DMCA? HUH? (Score:1)
            by plagiarist (87743) on Tuesday December 24, @03:51AM (#4950746)
            The article (I assume you are referring to the NYT one) didn't say that *Verio* cited that as a reason for shutting down Thing's network; the article's writer seems to have brought that up on his own. It seems clear that Verio's current actions have been provoked by the recent Dow parody, not an unrelated incident from 1999.


            Also, remember there are 2 shutdowns under discussion here: the impending termination of Thing's contract and the initial 16-hour shutdown of the *whole* Thing net after initial complaints about the Dow parody. The 16-hour shutdown doesn't seem to have to do with anything other than the Dow parody ... and that was what wolfgangsta was referring to when he said,

            What did you say? "Parody is one thing. Actual disruption is something else?" Now, who is disrupting who here? Why is Verio cutting off service to 300 paying customers for 16 hours? What about their rights?

            [ Reply to This | Parent ]
I'm little unclear about the specifics... (Score:1)
by RCO (597148) on Monday December 23, @09:27AM (#4944091)
As a few of you have already stated, I would like to know how they are using the DCMA on this. I mean yeah, I can see how DOW probably wouldn't like the parody, but if that's all it takes, the US Prison system is about to become the funniest place on earth with all the comedians that are about to be sent up. But as things are stated in this article, it sounds as if Things.net my have a case against Dow for the abuse of DCMA. The flip side of it is even if Dow is proven wrong, what are the odds that they will fix the situation, if history is any indication...
[ Reply to This ]
Are you kidding me!?! (Score:1)
by DonFinch (584056) <.ude.ucv. .ta. .cnifjd2s.> on Monday December 23, @09:37AM (#4944152)
Not only did they shut down Dow-Chemical.com, but as a good corporate citizen, they agreed to shut down an entire network (Thing.net) of websites many of which, while unrelated to dow-chemical.com, appear to serve no commercial purpose, being dedicated to the unproductive analysis and critique of society and corporate behaviour. We applaud the courage of Verio in taking this act, as it sends a strong signal to the "artists, activists," and other blatantly non-commercial users of Thing.net. That message can be stated simply: Corporate America will defend its right to Free Speech on the internet rigorously.
So "anylsis of society" should not be protected under the 1st amendment according to Dow? And whats this about "non-commercial users". Apperently Dow chemical feels only those with billions of dollars should be allowed to speak their minds! Please tell me this PISSES YOU OFF!! of course this speech is blatantly non-commercial and unproductive analysis and critique of Dow FSCKED ideas of freedom, and therfore I should be shot and my corpse burned.
[ Reply to This ]
Bad misstep... (Score:1)
by lynx_user_abroad (323975) on Monday December 23, @10:07AM (#4944314)
(http://slashdot.org/)
I hope the parody site (whoever owns dowethics) hasn't made a stoopid mistake with the copyright notice at the bottom. Unless I'm wrong, they are not allowed to claim copyright by "The Dow Company" unless they own a registered trademark to that name (unlikely), and if they've falsely attributed the copyright they could lose their copyright to their parody page and be subject to hefty fines for their false claims.

Losing copyright to the page would make defense of the page (as a parody) more difficult in several ways...

Even if I was a lawyer, you would be foolish to believe I'm licensed to practice law in whatever jurisdiction you currently reside.

[ Reply to This ]
Dow - A Chemical Company on the Global Playground (Score:2)
by Vryl (31994) on Monday December 23, @10:18AM (#4944374)
http://www.dowethics.com/r/Homepage/index.html [dowethics.com]

Did you know?
Dow is responsible for the birth of the modern environmental movement. In 1962, Rachel Carson wrote Silent Spring about the side-effects of a Dow product, DDT, on North American bird populations. Her work created a groundswell of concern, sparking the birth of many of today's environmental action groups. Another example of Dow's commitment to Living. Improved daily.
[ Reply to This ]
the letter (Score:0)
by Anonymous Coward on Monday December 23, @10:57AM (#4944656)
LAW OFFICES
HOWARD, PHILLIPS & ANDERSEN
A PROFESSIONAL CORPORATION

GREGORY D. PHILLIPS 560 East 200 South, Suite 300 Telephone: (801) 366-7471
Direct Dial: (801) 366-7707 Salt Lake City, UT 84102 Facsimile: (801) 366-7706
E-Mail: gdp@hpalaw.com

December 3, 2002

VIA EMAIL (abuse@verio.com; support@verio.com; dlthompson@verio.com; copyright@verio.com) and
FACSIMILE (303) 708-2445

Verio, Inc.
8005 South Chester Street, Suite 200
Englewood, CO 80112

Re: DOW-CHEMICAL.COM

Dear Verio:

This law firm represents The Dow Chemical Company ("Dow") on intellectual property enforcement matters. I an agent of Dow authorized to act on its behalf.

Dow has recently discovered that the operator(s) of dow-chemical.com (the "Website") is blatantly violating Dow's intellectual property rights. Dow provides this notification of infringement pursuant to the Digital Millennium Copyright Act (the "DMCA"). The Website violates Dow's rights in several different ways:

1. Violation of the Digital Millennium Copyright Act.

The Website displays numerous trademarks, images, texts and designs taken directly from Dow's website located at dow.com. This material is protected by copyright law and may not be reproduced, in whole or in part, without the express written authorization of Dow. A representative list of the addresses within the web site where Dow's trademarks, copyrighted images, texts and designs appear is attached hereto as Exhibit A.

I declare in good faith that the use of the material referenced in Exhibit B is not authorized by the copyright owner, its agent or the law.

Accordingly, Dow requests that pursuant to 17 U.S.C. § 512 of the Digital Millennium Copyright Act that Verio immediately cease to provide hosting services for this domain.

2. Violation of the Anticybersquatting Consumer Protection Act.

The domain name, dow-chemical.com, violates Dow's trademark rights by incorporating the world-famous and distinctive trademark Dow(R). The term Dow(R) together with its corresponding design trademarks or logos, are duly registered trademarks in numerous countries, including the United States. Use of these trademarks, or any confusingly similar variations thereof, without the express, written consent of Dow, violates state and federal law, is misleading to the public, and constitutes a misappropriation of the goodwill and reputation developed by Dow.

The United States Congress has enacted the Anticybersquatting Consumer Protection Act, which makes it unlawful for a person to register a domain name that incorporates the famous trademarks of another and provides for statutory damages in the amount of $100,000.00 per domain name against those who do so. See 15 U.S.C. §1117(d).

3. Violation of the Lanham Act.

The Website also violates Dow's trademark rights by displaying Dow's design trademarks and logos on the web site.

The Website's content is defamatory to Dow. The operator(s) of the Website has issued a press release directing the media and the public to this site in an attempt to damage the reputation and tarnish the goodwill associated with Dow, its products and services. A copy of the press release is attached he

Read the rest of this comment...

[ Reply to This ]
    Re:the letter (Score:0)
    by Anonymous Coward on Monday December 23, @01:17PM (#4945655)
    Source, please?
    [ Reply to This | Parent ]
      Re:the letter (Score:0)
      by Anonymous Coward on Monday December 23, @09:19PM (#4949184)
      No. If you doubt the letter's veracity, fucking get off your lazy ass and call Mr. Phillips yourself at (801) 366-7707. Or email him at gdp@hpalaw.com.

      Fucking lazy Slashdot cocksuckers.
      [ Reply to This | Parent ]
Behold the power of a SLAPP suit! (Score:2)
by uncoveror (570620) on Monday December 23, @11:59AM (#4945018)
(http://www.uncoveror.com/)
This is a perfect example of a greedy corporation squashing free speech in the name of its lord and savior, the almighty dollar. The artists, called the Yes Men, hosted by thing.net were making a valid point with their biting satire, and adding a "this is a joke, duh!" disclaimer would detract from the icky feeling their satire was intended to evoke. If they can get a legal defense fund, this could be the test case to overturn the DMCA. It is more likely, unfortunately, that Thing.net will die, and this Slapp will be successful. That will be a tragedy. I would love to republish the materials in question, but I will use disclaimers if the Yes Men agree.
[ Reply to This ]
    Re:Behold the power of a SLAPP suit! (Score:2)
    by Twirlip of the Mists (615030) <twirlipofthemists@yahoo.com> on Monday December 23, @01:04PM (#4945555)
    (Last Journal: Thursday December 19, @11:55AM)
    This is a perfect example of a greedy corporation squashing free speech in the name of its lord and savior, the almighty dollar.

    Actually, it appears to be a perfect example of misguided souls, despite their good intentions, making unauthorized use of a company's legally protected trademarks, and getting their pee pee's smacked because of it.

    The artists, called the Yes Men, hosted by thing.net were making a valid point with their biting satire, and adding a "this is a joke, duh!" disclaimer would detract from the icky feeling their satire was intended to evoke.

    Valid point or not, it is not okay to use somebody else's trademarks without their permission. The message would have been just as clear without the malicious intent to deceive.

    If they can get a legal defense fund, this could be the test case to overturn the DMCA.

    The DMCA claim is only one part of the complaint against these guys. The complaint also cites the Anti-cybersquatting Protection Act ("dow-chemical.com") and the Lanham Act (illegal use of trademarks). Also, these guys issued a false press release in Dow's name intended to defame Dow publicly. But most importantly, everything these guys did, practically, was in violation of Verio's AUP.

    I would love to republish the materials in question, but I will use disclaimers if the Yes Men agree.

    Go right ahead. Wonderful thing about freedom of speech. Even if you're kicked off of one podium, you can always climb onto another.
    [ Reply to This | Parent ]
RTMark are a bunch of spammers (Score:2)
by sulli (195030) on Monday December 23, @12:34PM (#4945321)
(http://www.sulli.org/ | Last Journal: Wednesday December 18, @01:30PM)
Fuck 'em. If they can't play by reasonable rules of good behavior, I have no sympathy when they end up being smacked down for (in this case) fraudulent misrepresentation of their opponents.
[ Reply to This ]
Time to boycott Verio? (Score:3, Interesting)
by Travoltus (110240) on Monday December 23, @12:34PM (#4945323)
Are there other providers who will not take action against a hosted site unless pushed by a court order?

I know newsguy.com is one such provider.

I have a site with Verio. If I know of another site with php3/4, perl and mysql, and which will not take any action without a court order, I'm there and Verio is out another customer.
[ Reply to This ]
No problem now (Score:2)
by drew_kime (303965) on Monday December 23, @12:48PM (#4945429)
(http://z.iwethey.org/forums/render/board/show?boardid=1 | Last Journal: Friday July 12, @02:21PM)
As of 12:30 pm EST the offending site http://dow-chemical.com/ [dow-chemical.com] now points to http://www.dow.com/homepage/index.html [dow.com] anyway. So apparently there is nothing to worry about. Satiric criticism is erased by domain hijacking and no-one has to be the wiser.
[ Reply to This ]
You've Got It Backwards, As Usual (Score:2)
by John Hasler (414242) on Monday December 23, @02:35PM (#4946246)
> DOW is now using the DMCA to threaten Verio,

No. Dow is using copyright law to threaten Verio. The DMCA is forcing them to give Verio an opportunity to remove the putatively infringing material and thereby avoid any penalties. In the absence of the DMCA Dow could sue and possibly collect damages even if Verio took the material down as soon as they were notified. This would mean, of course, that no ISP would ever let anyone put any parodies up at all.
[ Reply to This ]
 
  Never sleep with a woman whose troubles are worse than your own. -- Nelson Algren
All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2002 OSDN.
[ home | awards | contribute story | older articles | OSDN | advertise | self serve ad system | about | terms of service | privacy | faq ]