FC: NAI was pursuing PGP copyright violations; Radiusnet replies

From: Declan McCullagh (declanat_private)
Date: Wed May 22 2002 - 05:10:57 PDT

  • Next message: Declan McCullagh: "FC: Justicefiles.org sues to overturn Wash. state "cop privacy" law"

    Previous Politech message:
    
    "Network Associates thwaps PGP sites with DMCA nastystick"
    http://www.politechbot.com/p-03565.html
    
    Slashdot thread:
    http://yro.slashdot.org/yro/02/05/22/0226246.shtml?tid=93
    
    ---
    
    From: "Ed Carp" <ercat_private>
    To: <declanat_private>
    Subject: RE: FC: Network Associates thwaps PGP sites with DMCA nastystick
    Date: Tue, 21 May 2002 23:29:47 -0500
    
    You might have spoken too soon - apparently, the site in question was 
    hosting commercial versions of NAI software, including PGPDisk
    (see the Google cache of the directory in question at
    http://www.google.ca/search?q=cache:2PdJtPM6n0QC:crypto.radiusnet.net/archive/pgp/+&hl=en). 
    So, it appears this is a simple case of
    copyright infringement, not NAI trying to get sites to remove previously 
    'free' versions of software, unless you know differently.
    --
    Ed Carp, N7EKG          http://www.pobox.com/~erc               214/986-5870
    Director, Software Development
    Escapade Server-Side Scripting Engine Development Team
    Pensacola - Dallas - London - Dresden
    http://www.squishedmosquito.com
    
    ---
    
    Date: Wed, 22 May 2002 14:41:59 +1000 (EST)
    From: Grant Bayley <gbayleyat_private>
    To: Declan McCullagh <declanat_private>, "R. A. Hettinga" <rahat_private>,
             Meyer Wolfsheim <wolfat_private>, <peter_berukat_private>
    Subject: Re: NAI pulls out the DMCA stick.
    
    Hi Declan, others.
    
    The hype being generated by the "NAI pulls out the DMCA stick" postings
    and the spectre of PGP being "removed from the Internet" is entirely
    bogus, and provably so with a little bit of fact checking.
    
    Looking through the Google cache, it becomes very clear very quickly that
    crypto.radiusnet.net was hosting a copy of the commercial version of the
    software - not a copy of the PGPi (aka freeware) version of the PGP
    product.  Given that this is the case, NAI is well within their rights to
    demand the removal of the files.
    
    You can confirm this in the Google Cache, here:
    
    http://216.239.33.100/search?q=cache:QA-H5VtPvP4C:crypto.radiusnet.net/archive/pgp/+&hl=en
    
    Keep in mind that of the couple of crypto/security archives out there, the
    radiusnet one is basically the "abortion" of the bunch.  It's
    disorganised and out of date in so many places as to be dangerous.
    
    By "crypto/security archives", I'm referring to Wiretapped
    (www.wiretapped.net, which I operate), munitions.vipul.net, the zedz.net
    archives (ftp://ftp.zedz.net/) and Packetstorm (www.packetstormsecurity.org).
    
    If this is the straw that breaks the radiusnet camel's back, I for one
    won't be complaining, if only because of the old and out of date material
    on the site.  In the case of tools that perform a security function using
    crypto (IPSec, ssh etc), being updated is critical, as a number of the
    older versions of the software have contained serious security problems.
    
    Grant
    
    -------------------------------------------------------
    Grant Bayley                         gbayleyat_private
    -Admin @ AusMac Archive, Wiretapped.net, 2600 Australia
      www.ausmac.net   www.wiretapped.net   www.2600.org.au
    -------------------------------------------------------
    
    ---
    
    Date: Tue, 21 May 2002 21:45:49 -0700
    Subject: Re: FC: Network Associates thwaps PGP sites with DMCA nastystick
    From: Chuck Koleczek <chuckat_private>
    To: <declanat_private>
    CC: <rahat_private>, <wolfat_private>, Tess Koleczek <tessat_private>
    
    Declan,
    
    I hope you will follow up this Politech posting with more detail about what
    software radiusnet.net was hosting.  I usually don't delve into the
    discussion area of Slashdot, but I did in this case hoping to discover what
    specific PGP software NAI was asking be delinked.  If it was the commercial
    versions of PGP that disallowed redistribution then this is a reasonable and
    legal request.  If this was a demand for delinking softwares that contained
    provisions for redistribution within their licensing agreements then Mr.
    Wolfsheim's insinuation of ulterior motives gains merit.
    
    It is a good thing that Politech exists as a bridge between narrow forums
    like cypherpunks and the grossly popular Slashdot.  Certainly the
    discontinuation of PGP in this day and age "smells funny" to anyone paying
    attention, and this issue deserves the facts to be aired.  I worry that when
    the accessibility of personal encryption is truly compromised on the third
    cry of "Wolf!" many who care will be caught not paying attention.
    
    ---
    
    Date: Tue, 21 May 2002 19:23:12 -0400 (EDT)
    From: audit <auditat_private>
    To: Declan McCullagh <declanat_private>
    cc: staffat_private
    Subject: Re: Network Associates thwaps PGP sites with DMCA nastystick
    Organization: Radiusnet.net - http://www.radiusnet.net
    
    -----BEGIN PGP SIGNED MESSAGE-----
    
    Yea it really sucks that we had to pull that section down because that's
    something that generated a lot of traffic. 10-1 they don't go after a lot
    of the other sites that host PGP as I've seen sites still offering it.
    Either they are ignoring it or just chose to handle it differently then
    us. Either way, we're working on making things stonger and better in the
    weeks to come and will come out of this just as good as before.
    
    Thanks for the support as sometimes we need it to get through times like
    this.
    
    audit
    
    Radiusnet Staff
    
    
    
    On Tue, 21 May 2002, Declan McCullagh wrote:
    
     >>
     >>---
     >>
     >>Date: Tue, 21 May 2002 18:45:40 -0400
     >>From: "R. A. Hettinga" <rahat_private>
     >>Subject: NAI pulls out the DMCA stick
     >>Content-Type: text/plain; charset="us-ascii"
     >>X-UIDL: c8be0773ad05c53f938aa1b7b085a9cd
     >>
     >>--- begin forwarded text
     >>
     >>Date: Tue, 21 May 2002 15:03:42 -0700 (PDT)
     >>From: Meyer Wolfsheim <wolfat_private>
     >>To: <cypherpunksat_private>
     >>Subject:  NAI pulls out the DMCA stick
     >>
     >>NAI is now taking steps to remove the remaining copies of PGP from the
     >>Internet, not long after announcing that the company will not release its
     >>fully completed Mac OS X and Windows XP versions, and will no longer sell
     >>any copies of its PGP software.
     >>
     >>Do we still believe this was a pure cost-cutting measure?
     >>
     >>
     >>From: http://crypto.radiusnet.net/archive/pgp/index.html
     >>
     >>================================================
     >>
     >>Date: Thu, 9 May 2002 13:01:40 -0500
     >>From: Peter_Berukat_private
     >>To: rootat_private, webmasterat_private
     >>Subject: Network Associates, Inc. DMCA Notice
     >>
     >>     [ The following text is in the "iso-8859-1" character set. ]
     >>     [ Your display is set for the "US-ASCII" character set.  ]
     >>     [ Some characters may be displayed incorrectly. ]
     >>
     >>DMCA NOTICE OF INFRINGING MATERIAL
     >>
     >>Via Email:  rootat_private; webmasterat_private;
     >>         Re:     Digital Millennium Copyright Act Notice
     >>Dear Radiusnet.net
     >>I am writing on behalf of Networks Associates, Inc. and its affiliated
     >>companies (collectively, "Network Associates").  As you may know, Network
     >>Associates is a leading provider of computer software for network security
     >>and management.  Among its business units are such well-known names as
     >>McAfee, PGP Security, Sniffer Technologies, and Magic Solutions.
     >>We have learned that Radiusnet.Net is providing access on its system or
     >>network to material that infringes the copyrighted work of Network
     >>Associates.  In particular, I refer you to the web pages located at
     >>http://crypto.radiusnet.net/archive/pgp which contains links from your site
     >>that provide unauthorized copies of NAI proprietary materials, including
     >>software.  The material on this web site infringes Network Associates'
     >>valuable copyrights.
     >>Accordingly, Network Associates requests that Radiusnet.Net immediately
     >>remove or disable access to this infringing material. You should know that
     >>Network Associates takes its intellectual property rights seriously.  By
     >>bringing this matter to your attention, we hope that Radiusnet.Net will act
     >>promptly to remedy this problem.
     >>We have a good faith belief that use of the material described above is not
     >>authorized by Network Associates, any of its agents, or the law.   To the
     >>best of our knowledge, the information contained in this notification is
     >>accurate.
     >>Under penalty of perjury, I am authorized to act on behalf of Network
     >>Associates.  If you have any questions or concerns, please contact me at the
     >>address listed above.  You can also reach me by e-mail at
     >>peter_berukat_private or by phone at +1 301-947-7150.
     >>Thank you for your anticipated cooperation.
     >>                                         Sincerely,
     >>
     >>
     >>                                         Peter Beruk
     >>                                         Director, Anti-Piracy Programs
     >>
     >>Peter Beruk
     >>Director, Anti-Piracy Programs
     >>Network Associates, Inc.
     >>Phone:  +1.301.947.7150
     >>Fax:  +1.301.527.0482
     >>
     >>--- end forwarded text
     >>
     >>
     >>--
     >>-----------------
     >>R. A. Hettinga <mailto: rahat_private>
     >>The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
     >>44 Farquhar Street, Boston, MA 02131 USA
     >>"... however it may deserve respect for its usefulness and antiquity,
     >>[predicting the end of the world] has not been found agreeable to
     >>experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
     >>
    
    -----BEGIN PGP SIGNATURE-----
    Version: 2.6.3ia
    Charset: noconv
    Comment: http://www.radiusnet.net
    
    iQCVAwUBPOrW5KyzESGmHGLJAQGflQP/f+GGvjfn7OUz/FwrDR7hcEAu6LrmyCcA
    jxhX5T49sjaeOThjCIhKkMs5/br7Mo/fMN77vXluTK4DsW/ojK48jFhYlwL7sFev
    S6hBaxhdcs7gG4eOMipiBzxk5Plx2L/WsIgYJAwWSx7Wu2tKDewLRYyIodkFghtT
    Q7cVxaUHjds=
    =RybN
    -----END PGP SIGNATURE-----
    
    
    
    
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