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Dow Chemical uses DMCA to silence parody site

 
 
w1rebaby
14:45 / 16.12.02
This could go in lots of places, but I'm putting it here. From the Register article...

Last week, the Yes-Men created a replica of Dow Chemical's website at the domain www.dow-chemical.com.

"Dow is responsible for the birth of the modern environmental movement," begins the The Yes-Men's sophisticated detournment of the official site. The group also published press releases entitled "Responsible Care: Aiming For Zero Responsibility" and a canned quote from 'a Dow Spokesperson'.

Dow acquired Union Carbide and inherited the responsibility for the horrific Bhopal disaster, which has so far killed 20,000 Indians after a leak of the unstable chemical methyl isocyanate...

...When Dow discovered the prank, they served the hoster Verio with a letter from their attorneys Howard, Philips and Andersen, a Utah-based law firm...

...The letter[78kb PDF] spearheads a collection of copyright and trademark claims with the DMCA boilerplate.

Many of the claims are arguable, and on some grounds precedent favors the litigant. But the use of the DMCA obliges the recipient to take immediate action. And in the current frosty climate, that is intimidation enough...


The Yes Men were the people responsible for gatt.org. The Dow site has been enthusiastically mirrored at many different locations.
 
 
grant
20:57 / 16.12.02
No terribly thoughtful insight here other than, "Cool! I work across the hall from Verio!"

Think news of this'll spread through the net?
 
 
w1rebaby
11:53 / 31.12.02
hmm... guess it didn't... shame on Blogistan

Anyway, here's an update from Wired:

The Thing has provided Internet connectivity, technical support and Web design services to New York City artists and political activists for over a decade.

But at the beginning of December, Wolfgang Staehle, owner and director of The Thing, was notified by his service provider, Verio, that The Thing's Internet connection would be severed on Feb. 28, 2003.

Staehle said Verio is pulling the plug on The Thing due to charges that one of its clients violated the DMCA by posting a parody website mocking Dow Chemical company.

Posted on Dec. 3, the parody site quickly came to the attention of Dow's lawyers, who contacted (PDF) Verio. Verio responded by shutting down The Thing's entire network, an action that affected hundreds of The Thing's clients, until the parody site was removed on Dec. 4.

Shortly afterward, Staehle says Verio's lawyers informed him that his service would be permanently suspended at the end of next month.

"I still can't believe it," Staehle said. "I love this city and this country, but I am terrified at the direction we seem to be headed in."


So, basically, it seems to be working. Without even being told to by the courts, the whole company's been cut off at the roots because Dow threatened the use of the DMCA.

I think this makes an important point - it doesn't matter how independent and free-thinking your ISP or hosts are, if their service provider stops providing them with service.

It does baffle me somewhat. Surely Verio are not at legal risk, any more than the hardware suppliers or the electricity company would be? Perhaps they are... in which case the DMCA is even more evil than I previously thought.
 
 
grant
13:28 / 31.12.02
The thing is, Verio might not have the legal budget to determine if they are or are not at risk.

They might not have the cash to enter the game, much less make the big gamble, in other words.

Which is really disturbing.
 
 
w1rebaby
14:14 / 31.12.02
If Verio can't handle the legal costs then everyone's fucked, because there's not many bigger players than them in the hosting market. It's a $3.5 billion company.

Of course, they have a lot of links and deals with other corporations e.g. AOL, so they may have wanted to appear "DMCA-friendly" for the purpose of future dealings.
 
 
William Sack
15:16 / 31.12.02
So, Dow has used the DMCA to run their parodists off the Net. How low can they sink? Well, they could sue protesting survivors of the Bhopal disaster for the equivalent of 10 years wages.
 
 
Our Lady of The Two Towers
17:12 / 31.12.02
There's an article in the latest Private Eye about Dow refusing responsibility for Bhopal on the grounds that it would be bad for Shell, BP et al if they did. I'll try and get it up later...
 
 
grant
18:20 / 31.12.02
Verio's that big? Damn. I had no idea.

Still, they probably don't want to tangle with Dow, even if they're in the right. Business being business and all. Bad for the bottom line to spend money on something that doesn't necessarily increase revenue.
 
 
Our Lady of The Two Towers
16:17 / 01.01.03
From Private Eye;

Bhopal: Another Poisonous Release.

Dow Chemicals, a company heavily criticised for the chemical weapons it supplied in the Vietnam War, is in trouble again - this time over the deaths of 20,000 people in India.

On 3 December it issued a press release headed: DOW ADDRESSES BHOPAL OUTRAGE, EXPLAINS POSITION.

The position is that in 1984 a pesticide factory in Bhopal, India, owned by Union Carbide, sprung a leak. Poisonous gases and chemicals killed 5,000 people almost at once and another 15,000 (at least) when the chemicals seeped into the water supply. Union Carbide was later taken over by Dow.

The Dow press release quoted Michael D. Parker, Dow's president, as saying: "We are being portrayed as a heartless giant which doesn't care about the 20,000 lives lost due to Bhopal over the years. But that 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".

The release also quoted Dow spokesperson Bob Questra as saying: "We understand the anger and hurt. But Dow does not and cannot acknowledge responsibility. If we did, not only would we be required to expend many billions of dollars on clean-up 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, HP, 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."

The Eye assumed the press release was a spoof, a heartless satire on the hypocrisy of multinational companies. So we contacted Dow headquarters and asked if the release could possibly be authentic. Back came an immediate and irritated reply to the effect that of course the release was genuine and the company was proud of it.
 
 
grant
12:46 / 03.01.03
Here's a note from a friend who works at Verio:

Heard about it, yeah, but not from inside the company.

Not sure what to think, Verio is also known for refusing to take down a site that had the dvd-decrypt source code on it.... I get the impression that perhaps the thing probably caused problems for Verio in the past, if they're willing to take such a drastic measure.

Of course, this is my opinion, and does not represent the views or position of the company I work for... :-)
 
 
Our Lady of The Two Towers
19:06 / 09.01.03
A clarification in the latest Private Eye;

DOW CHEMICALS
Thanks for the many letters about the story about the alleged Dow chemicals press release on Bhopal. As the story pointed out, the Eye assumed the release was a fake and a spoof, and emailed dow-chemical.com to verify it. When the reply came back that the release was genuine and its perpetrators were proud of it, the Eye published the release as though it were genuine. It now emerges that the entire website was a spoof; as we should, we now realise, have recognised. sorry.
 
 
innercircle
21:28 / 16.01.03
theres a movie called bohpal express screening in NY
 
 
innercircle
02:17 / 18.01.03
does anyone have a simplification of the DMCA to hand for a bunch of dummies?
 
  
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