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View Full Version : Well its been fun, by when Microsoft threatens to sue, I gotta stop.


Capt Fiero
12th March 2009, 11:09 PM
I really did not know where to post this, but seeing as 90% of the traffic from the area is from people here in the roms section. As much as I enjoy hosting for people. This is over and done for me. I'm pulling the roms directory off of my server and shutting down the ftp access permanently.

1&1 Internet, Inc. recently received notice under Section 512 of the Digital Millennium Copyright Act (DMCA) alleging that the above website infringes upon copyrighted materials (see attached). We are asking that you remove the content as stated in the attached notice. Should you fail to act upon this notice within 24 hours we will be forced to temporarily suspend your account.
Under the DMCA, you are entitled to provide "counter-notice" to 1&1's DMCA agent claiming that the material does not infringe copyrights. If the copyright owner does not bring a lawsuit in district court within 10 days, 1&1 may then reactivate your account. Notwithstanding any counter-notice, 1&1 reserves the right, in its sole discretion, to keep your site suspended in the event there is a continuing threat of litigation arising from your website.

A proper counter-notice must contain the following information:
1. The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)] 2. Identification of the material and its location before removal [512(g)(3)(B)] 3. A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)] 4. Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.
[512(g)(3)(D)] For more information on the DMCA, see http://www.copyright.gov/onlinesp/.
For additional information on the Safe Harbor Provisions and assistance on drafting a proper counter-notice, see our website at http://faq.1and1.com/legal/index.html.
If you have any further questions please do not hesitate to contact us.


--
Sincerely,
Nancy McNelis
Customer Compliance Operative
1&1 Internet Inc.

<---------- Forwarded ---------->
From: internet2@microsoft-antipiracy.com


VIA EMAIL:

Demand for Immediate Take-Down: Notice of Infringing Activity

URL: http://captfiero.com/
Case #: 206019
Date: 12 March 2009

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 Mobile 6.5

Copyright owner:
Microsoft Corporation

2. Copyright infringing material or activity found at the following
location(s):

http://captfiero.com/roms/joshkoss/Tests/21176_Test1.7z

The above copyright work(s) is being made available for copying, through downloading, at the above location without authorization of the copyright owner.

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 illegal reproduction and distribution of this copyright work(s) 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: Internet1@microsoft-antipiracy.com

joshkoss
13th March 2009, 12:23 AM
Wow dude! i'm sorry :( I should have known better... everyone loves ftp speed :)

Capt Fiero
13th March 2009, 02:57 AM
Well Josh, your gonna have to change the links in your sig LOL. I really had to cring as I held my finger of the "delete" key on the entire "Roms" dir. For the record, the link to your folder had been passed around to at least a dozen PPC sites. Your single folder was pulling 3 to 4 times the traffic as even CRC's device update which was mirrored on my server. Trust me you were pretty popular. I hope you find another place to host your most excellent Roms. I'll catch ya on the flip side.

boog
13th March 2009, 04:07 AM
They really want to stop the betas from leaking.

I had a copy of my kitchen on filedropper, and it disappeared.

character
13th March 2009, 08:11 AM
YEah it is sad that Microsoft is doing this to us after buying the product and have no support whatsoever after selling the product ( try going to their site and they will give you agents that would probably sell items first before giving their ears for us to tell a problem)

this is sad really ... but it is a good choice to do this step

joshkoss
13th March 2009, 02:08 PM
Well Josh, your gonna have to change the links in your sig LOL. I really had to cring as I held my finger of the "delete" key on the entire "Roms" dir. For the record, the link to your folder had been passed around to at least a dozen PPC sites. Your single folder was pulling 3 to 4 times the traffic as even CRC's device update which was mirrored on my server. Trust me you were pretty popular. I hope you find another place to host your most excellent Roms. I'll catch ya on the flip side.
wow dude!! will do. thanks!!
and don't worry i aint going anywere :)

2udCrRAZdK
14th March 2009, 01:22 AM
I understand the concern from MS, but...

Don't want to speak for others, but I've been waiting for something (anything) different from MS on my mobile phones/pdas for over 5 years now and they still offer me that same "today" screen.

This site & the chefs who generously give so much of their time have been able to give me so much more from my phone than MS has, and 6.5 was turning out to be a great follow up.

So now we just wait for MS to actually deliver something.

Not sure I can wait. I'll probably break down and buy an iPhone.

joshkoss
14th March 2009, 02:00 AM
I understand the concern from MS, but...

Don't want to speak for others, but I've been waiting for something (anything) different from MS on my mobile phones/pdas for over 5 years now and they still offer me that same "today" screen.

This site & the chefs who generously give so much of their time have been able to give me so much more from my phone than MS has, and 6.5 was turning out to be a great follow up.

So now we just wait for MS to actually deliver something.

Not sure I can wait. I'll probably break down and buy an iPhone.
dude... i tried a iphone today... totally tempted to man.... but this is such a cool hobby though.. i don't think i could bring myself to do it.

bmxseabass
14th March 2009, 02:09 AM
I've gotten emails like this before on other matters and found all of them being fake. But while reading found this thread and posts.

http://forum.xda-developers.com/showthread.php?t=492330&page=6

F2504x4
14th March 2009, 02:46 AM
just to re-enforce bmx, see my sig...it has been found to be a Hoax...plain and simple ...

Click the link and read for your self....

Microsoft Impersonator Sends Fraudulent Letters, Disrupts Community
Posted by Chuong Nguyen
March 13th, 2009 at 02:53 PM
It turns out that there may be an impersonator lurking around disrupting Windows Mobile communities. In response to an article that was posted this morning about Microsoft demanding that Windows Mobile 6.5 ROM images that were cooked unofficially be taken down, our own Microsoft MVP Adam Z. Lein spotted that the guy responsible for the letter to XDA-Developers may be a fraud, as was posted on PPCGeeks.

A similar hoax had occurred before at msmobiles in regards to Windows Mobile 6.5 screenshots. In the cease and desist letter to msmobiles, the gentleman claiming to be with Microsoft's legal department asked the site to remove screenshots of the forthcoming operating system. The letter was sent after Microsoft had publicly announced and shown the very screenshots at Mobile World Congress 2009. According to msmobiles: "In any case, if it is genuine action on behalf of Microsoft, it is a case of extreme incompetence that this guy is showing because he is requesting removal of pictures of something that has been officially announced few days earlier." It should also be noted that pocketnow.com had posted screenshots and news of Windows Mobile 6.5 before, during, and after Microsoft's Mobile World Congress announcement and we did not receive a cease and desist letter.

The community over at msmobiles performed some additional investigations and found that the gentlemam, James Young, sent emails originating from IP addresses in London and not from Microsoft's corporate headquarters in Redmond, Washington, leading many to believe that he is not connected with the software giant. Additionally, emails were sent from internet2@microsoft-antipiracy.com, and not at a "@microsoft.com" email address.

Whatever the case may be, other forum members in our original post here at pocketnow.com made mention that only the Windows Mobile 6.5 cooked ROM made by ROM chef Da_G was affected and 6.5 ROMs for other HTC-made devices were seemingly okay.

F2504x4
14th March 2009, 02:48 AM
More info..


tsowen's


Admins: Just talked with Microsoft being my profession and this was not sitting good with me since it was missing A. a contact phone number and for these cases it must also contain a Digital Signature with that being said they said it is fraud, I gave them the link here and they verified that they do not have a James Young employ and that the email extension internet2@microsoft-antipiracy.com is not valid furthermore they said on there notices they will also have a phone number for the person(s) to call and correspondence is done through written. I will be receiving an email with the case number and contact information for the antipiracy case manager who verified the information and will forward it to the Admins here and at PPCGeeks as well. If one one the Admins here can PM there email addy so I can send the email to them for future verification on these types of notices.
__________________

boog
14th March 2009, 02:58 AM
Un-delete the folder, capt!

Is there a back up of it?

Capt Fiero
14th March 2009, 03:54 AM
I dumped the entire 4.5gig to a local drive here before I deleted it.

However here is why I am hesitant to put it back up. The email that I got came from 1and1 which hosts my server. 1and1 is taking this fairly seriously. Now it is entirely possible that this guy emailed 1and1 claiming to be from MS and got the warning sent out to me. I know the email from 1and1 was legit as it included my personal account number that is only on file with my account and not part of the registrar or whois info. I'm going to call 1and1 and speak to someone verbally on the phone regarding this. If its all green. I'll start uploading the data.

F2504x4
14th March 2009, 04:13 AM
Capt I understand where you are coming from, the problem is going to be convincing them that this was faked, I suggest getting as much info you can find on this hoax and forwarding it to them, also the mods and admin are looking very closely at this whole thing....so keep an eye out for info from as well

Check out the link in my sig and also look at this site for more ammo

http://pocketnow.com/index.php?a=portal_detail&t=news&id=7041

alot of damage has been done by hoaxer,

ILRider78
14th March 2009, 06:02 AM
What a load of BS! I've had my Hermes (Cingular 8525) for a while and was about ready to give it up for something new. Then a co-worker with a similiar phone directed me to this site and I new for sure I had to keep it. I had no idea about any of this until recently. I don't even know how many times I had to update my contacts and emails after I found this site:) There is so much info on this site, all you have to do is look or do a little search.

Now some j@ck@$$ is trying to ruin it for a whole bunch of people. It's a shame, hope this doesn't affect the XDA world too much. I'm still trying new Rom's to see which one works for me. It's endless! :eek:

eotsuka54
16th March 2009, 12:49 AM
Hey Guys, I have some server space, I might be able to host it if you'd like? If you can setup a SFTP between my server and your server I might be able to have a mirror?

let me know
eugene@otsuka.ca