FC: A nice irony: Blizzard sends DMCA nastygram, then DMCA'd by Sony

From: Declan McCullagh (declanat_private)
Date: Mon May 13 2002 - 08:59:22 PDT

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    Previous Politech message:
    
    "Blizzard game company uses DMCA to shut down Bnetd emulator app"
    http://www.politechbot.com/p-03163.html
    
    ---
    
    From: [deleted per request --DBM]
    To: <declanat_private>
    Subject: Blizzard gets smacked with a DMCA notice of their own.
    Date: Fri, 10 May 2002 08:55:08 -0700
    
    [Friend is worried this might get him fired.  Would you mind hiding my name
    if you print this?  Thanks!]
    
    Thought you might want to see this.   Blizzard had earlier sent a DMCA
    takedown notice to BnetD, a system that would allow gamers to play one
    another on a networked system.
    /. covered it earlier in February:
    http://slashdot.org/article.pl?sid=02/02/21/0136256
    
    
    Blizzard got much flak for the action, and has since recanted on the DMCA
    threat, and instead tosses out a lawsuit alleging pure Copyright
    Infringement against the creators of BnetD.   The actual filed papers can be
    found here.   http://www.eff.org/sc/bnetd/20020405_blizzard_complaint.pdf
    
    Well, Karma's a bitch, so to speak.   Turns out from a source in blizzard,
    Sony is going right along and doing the same thing to Blizzard.
    
    Likely, the DMCA end of it won't stand.  But Sony might have a claim for
    Copyright Infringement.
    
    The worst thing of this, is that now most of the programmers (who have
    nothing at all to do with the legal BS) are pretty much cut-off musically
    speaking.
    
    
    MEMO:
    
    Blizzard was recently served with a DMCA ("Digital Millennium Copyright Act)
    notification from Sony Music for copyright infringement. This infringement
    was allegedly committed by one of our employees who was purportedly using a
    peer-to-peer file-sharing program on a Blizzard computer system to share
    copyrighted music with others over the Internet.
    
    Unauthorized distribution of copyrighted audio, video, graphics, software
    and/or any other files (e.g., commercial recordings, films, or software) is
    illegal. Providing these files over the Company network through peer-to-peer
    file-sharing programs (ie. Kazaa, Morpheus, EDonkey, Gnutella, and similar
    programs) or by other means puts both the user and Blizzard in jeopardy of
    being held liable for copyright infringement. As you can imagine, this risk
    is not one that the company is willing to take.
    
    In addition to the legal ramifications, peer-to-peer file-sharing programs
    may inadvertently expose confidential and proprietary company files that
    have been enabled for sharing to the Internet. When you are connected to the
    Internet, anyone on the Internet may then have access to that data or
    material. These file sharing programs themselves may install spyware and/or
    install Trojans, again exposing local and network data to outside access.
    Further, swapping of files causes higher Internet usage and in many cases
    utilizes costly network and local hardware resources.
    
    We therefore need to make sure that everyone understands our policy
    regarding peer-to-peer file-sharing programs and that immediate steps are
    taken to stop any copyright infringement from taking place at Blizzard.
    
    POLICY.  Peer-to-peer file-sharing programs may not be used on any computers
    connected to Blizzard or Blizzard North's networks without the express
    written approval of Mike Morhaime or Paul Sams. This policy shall go into
    effect immediately. Exceptions, if any, will be installed and tested in a
    controlled environment and properly configured to ensure an adequate level
    of security before implementation. If an adequate level of security cannot
    be established, such usage will not be approved, and an alternative method
    will need to be found.
    
    REMOVAL.  To ensure currently installed programs have been uninstalled
    correctly and all associated files have been removed, an Information Systems
    (IS) staff member should be notified to remove all pieces of the infringing
    program(s) and make any necessary registry changes. If you currently have
    any of these peer-to-peer file-sharing programs on your computer, please
    contact IS to facilitate their proper removal. IS will be able to make sure
    that any related spyware is removed also.
    
    ENFORCEMENT.  Due of the very serious legal and financial harm that Blizzard
    could experience as a result of an employee infringing upon another
    company's copyrights in this manner, we have adopted this policy. Please be
    aware that disciplinary action, up to and including termination, will be
    taken against any employee that is found to be using a peer-to-peer
    file-sharing program on computers connected to Blizzard or Blizzard North's
    networks
    
    
    
    
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