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India's OMICS Publishing Group threatens scholarly critic with $1 billion lawsuit, jail time

OMICS Publishing Group, an Indian scholarly publisher has threatened to sue one of its critics, Metadata librarian Jeffrey Beall, for $1 billion, and has threatened him with prison time over posts he made to his prominent Scholarly Open Access site. OMICS cites India's terrible Information Technology Act as the basis for its threats. However, it seems unlikely that Beall would be extradited to India even if OMICS makes good on its threats, and unless he has assets in India, they'll have a hard time collecting on any judgment.

Today The Chronicle of Higher Education reports on a less amusing letter Beall received Tuesday. An Indian intellectual property management firm called IP Markets informed Beall that they would be suing for $1 billion in damages and that he could face up to three years in prison for his "deliberate attempt to defame our client." That client is OMICS Publishing Group, an India-based operation profiled several times on the blog. The group requested that Beall remove the posts and e-mail updates to anyone who published his work, yet IP Markets still intends to go through with the suit either way.

"All the allegation [sic] that you have mentioned in your blog are nothing more than fantastic figment of your imagination by you," the six-page letter reads according to The Chronicle. "Our client perceive the blog as mindless rattle of a incoherent person and please be assured that our client has taken a very serious note of the language, tone, and tenure adopted by you as well as the criminal acts of putting the same on the Internet."

I know nothing about OMICS's publishing practices, but based on how they handle their critics, I feel confident in saying that they're not the sort of firm that any scholar should be doing business with -- censoring, terrible bullies don't make good publishers.

Blogger writes about predatory publishing, is threatened with $1B suit

US State Department orders removal of Defense Distributed's printable gun designs

The US State Department has ordered Defense Distributed to take down the designs for a working 3D printed gun, citing export control rules set out in the International Traffic in Arms Regulations. Defense Distributed's Cody Wilson is appealing, and says that ITAR does not apply to "non-profit public domain releases of technical files designed to create a safe harbor for research and other public interest activities" -- though this carve out is for works stored in a library. Wilson's appeal may turn, then, on whether the Internet is a library for the purposes of this regulation. In the meantime, the designs are still up on The Pirate Bay, and are for sale in printed form in an Austin bookseller. More than 100,000 copies of the designs were downloaded from Defense Distributed's servers in the brief time that they were online.

“Until the Department provides Defense Distributed with final [commodity jurisdiction] determinations, Defense Distributed should treat the above technical data as ITAR-controlled,” reads the letter, referring to a list of ten CAD files hosted on Defcad that include the 3D-printable gun, silencers, sights and other pieces. “This means that all data should be removed from public acces immediately. Defense Distributed should review the remainder of the data made public on its website to determine whether any other data may be similarly controlled and proceed according to ITAR requirements.”

Wilson, a law student at the University of Texas in Austin, says that Defense Distributed will in fact take down its files until the State Department has completed its review. “We have to comply,” he says. “All such data should be removed from public access, the letter says. That might be an impossible standard. But we’ll do our part to remove it from our servers.”

Wilson's project is raising some important legal questions, such as whether design files can be considered expressive speech under the First Amendment, and whether the Internet is a library. The question of code-as-speech was famously considered in the Bernstein case, where strong crypto was legalized. However, as we discovered in the 2600 case, judges are less charitably inclined to code-as-speech arguments when they're advanced by non-academics, especially those with counter-culture stances.

Impact litigation -- where good precedents overturn bad rules -- is greatly assisted by good facts and good defendants. I would much rather the Internet-as-library question be ruled on in a less emotionally overheated realm than DIY guns.

State Department Demands Takedown Of 3D-Printable Gun Files For Possible Export Control Violations [Andy Greenberg/Forbes]

(Thanks to everyone who sent this in!)

Bake a Mean Spirited Censorship Pie with the Electronic Frontier Foundation

EFF is celebrating the new inductees into its Takedown Hall of Shame with a new cooking show! In this episode, EFF staffer Parker Higgins bakes a "Mean Spirited Censorship Pie" -- which is what all have to call the classic Southern dessert formerly known as "Derby Pie," now that Kern's Kitchen in Louisville is threatening to sue anyone who posts a family recipe with that name.

It's sarcastic, carbtastic, and informative -- delicious!

Baking With EFF: (Not) Derby Pie, the Trademarked Treat

EFF updates the Takedown Hall of Shame

The Electronic Frontier Foundation has published its latest "Takedown Hall of Shame" installment, listing three companies that used baseless and stupid legal threats to censor the Internet. The current crop includes Kern's Kitchen in Louisville, which claims a trademark on the common term "Derby Pie" and threatens bloggers who post their family recipes for the classic desert -- they also target WordPress.com for their threats (one victim changed the name of the recipe to "Mean Spirited Censorship Pie").

Another inductee is Time Warner Cable, who went after a critic who put up a site making fun of the company's terrible customer service, trying to get its YouTube, Twitter and other social media sites taken down.

Finally, there's Fox, which earned a place in the Hall of Shame by sending out fraudulent takedown notices over my bestselling novel Homeland, swearing on pain of perjury that it represented me (it doesn't).

Takedown Hall of Shame Inductions, May 2013

Fox sends fraudulent takedown notices for my novel Homeland

My Creative Commons licensed 2013 novel Homeland, the sequel to my 2008 novel Little Brother, spent four weeks on the New York Times bestseller list, and got great reviews around the country. But Fox apparently hasn't heard of it -- or doesn't care. They've been sending takedown notices to Google (and possibly other sites), demanding that links to legally shared copies of the book be removed.

These notices, sent under the Digital Millennium Copyright Act, require that the person who signs them swears, on pain of perjury, that they have a good faith basis to assert that they represent the rightsholder to the work in question. So Fox has been swearing solemn, legally binding oaths to the effect that it is the rightsholder to a file called, for example, "Cory Doctorow Homeland novel."

It's clear that Fox is mistaking these files for episodes of the TV show "Homeland." What's not clear is why or how anyone sending a censorship request could be so sloppy, careless and indifferent to the rights of others that they could get it so utterly wrong. I have made inquiries about the possible legal avenues for addressing this with Fox, but I'm not optimistic. The DMCA makes it easy to carelessly censor the Internet, and makes it hard to get redress for this kind of perjurious, depraved indifference.

Fox Censors Cory Doctorow’s “Homeland” Novel From Google

Med Express uses broken Ohio law to silence critics who say true things

Are you a lawyer in Ohio? If so, your pro-bono services are urgently needed to defeat a trollish, bullying legal action from Med Express, a company that sells refurb medical equipment on eBay. The company is suing one of its customers for providing accurate, negative feedback on eBay's comment system, trying to establish a precedent that saying true things on the Internet should be illegal if it harms your business. They're relying on the fact that Ohio has no anti-SLAPP laws -- laws designed to protect people against the use of litigation threats to extort silence from critics -- and have admitted that, while they have no case, they believe that they can use the expense of dragging their victims into an Ohio court to win anyway. Ken from Popehat has more:

This is the ugly truth of the legal system: litigants and lawyers can manipulate it to impose huge expense on defendants no matter what the merits of their complaint. Censors can abuse the system to make true speech so expensive and risky that citizens will be silenced. Regrettably, Ohio does not have an anti-SLAPP statute, so Med Express and James Amodio can behave in this matter with relative impunity. If Ms. Nicholls has to incur ruinous legal expenses to vindicate her rights, the bad guys win, whatever the ultimate outcome of the case.

Unless, that is, you will help Amy Nicholls stand up — not for $1.44, but for the freedom to speak the truth without being abused by a broken legal system.

If you are an attorney practicing in Medina County, Ohio, please consider offering pro bono assistance. Mr. Levy will be coordinating assistance, and I can tell you from personal experience that it is a privilege to work with him. Help give Med Express and James Amodio the legal curb-stomping they so richly deserve. Justice, karma, and the esteem of free speech supporters everywhere will be your reward.

If you aren't an attorney, you can help, too. Med Express should not be permitted to act in this manner without consequence. The natural and probable consequence is widespread publication of their conduct. Help by publicizing the case on Facebook, Twitter, on your blog, on forums, and on every other venue available to you. Ask yourself — would you want to do business with a company that abuses the legal system to extract revenge against customers who leave truthful negative feedback?

The Popehat Signal: Stand Against Rank Thuggery In Ohio

Obama's regressive record makes Nixon look like Che

Redditor Federal Reservations has made a handy post enumerating all the regressive, authoritarian, corporatist policies enacted by the Obama administration in its one-and-a-bit terms. You know, for someone the right wing press likes to call a socialist, Obama sure makes Richard Nixon look like Che Guevara. And what's more, this is only a partial list, and excludes the parade of copyright horrors and bad Internet policy emanating from the White House, via Joe Biden's push for Six Strikes, the US Trade Rep's push for secret Internet censorship and surveillance treaties like TPP and ACTA and TAFTA; the DoJ's push to criminalize every Internet user by expanding the CFAA, and much, much more.

Obama extends Patriot Act without reform - [1]
http://articles.nydailynews.com/2011-05-27/news/29610822_1_terrorist-groups-law-enforcement-secret-intelligence-surveillance

Signs NDAA 2011 (and 2012, and 2013) - [2]
http://www.forbes.com/sites/erikkain/2012/01/02/president-obama-signed-the-national-defense-authorization-act-now-what/

Appeals the Federal Court decision that “indefinite detention” is unconstitutional - [3]
http://www.activistpost.com/2013/02/ndaa-hedges-v-obama-did-bill-of-rights.html

Double-taps a 16-year-old American-born US citizen living in Yemen, weeks after the boy's father was killed. Administration's rationale? He "should have [had] a far more responsible father" - [4]
http://www.washingtonpost.com/world/national-security/anwar-al-awlakis-family-speaks-out-against-his-sons-deaths/2011/10/17/gIQA8kFssL_story.html

Continues to approve drone strikes that kill thousands of innocent civilians including women and children in Pakistan, Yemen, and other countries that do not want the US intervening; meanwhile, according to the Brookings Institute's Daniel Byman, we are killing 10 civilians for every one mid- to high- level Al Qaeda/Taliban operative. This is particularly disturbing, since now any military-aged male in a strike zone is now officially considered an enemy combatant - [5]
http://www.telegraph.co.uk/news/worldnews/asia/pakistan/7361630/One-in-three-killed-by-US-drones-in-Pakistan-is-a-civilian-report-claims.html

Protects Bush’s war crimes as State Secrets - [6] [7] [8]
http://www.salon.com/2010/09/08/obama_138/
https://www.eff.org/deeplinks/2009/04/obama-doj-worse-than-bush
http://washingtonindependent.com/33985/in-torture-cases-obama-toes-bush-line

Waives sections of a law meant to prevent the recruitment of child soldiers in Africa in order to deepen military relationship with countries that have poor human rights records -[9]
http://thecable.foreignpolicy.com/posts/2010/10/26/why_is_obama_easing_restrictions_on_child_soldiers

Read the rest

ExxonMobil, FAA, Arkansas cops establish flight restriction zone, threaten reporters who try to document Mayflower, AR spill

Expect to see a lot fewer images of toxic sludge creeping through small communities, thanks to the hard work of ExxonMobil. The company could have used its prodigious resources to make its oil pipelines more secure, preventing town-destroying leaks like the one that hit Mayflower, Arkansas. But they figured out that it would be cheaper to just corrupt the local law to chase reporters out and get the FAA to establish a Temporary Flight Restriction zone over the spill. Problem solved!

Michael Hibblen, who reports for the radio station KUAR, went to the spill site on Wednesday with state Attorney General Dustin McDaniel. McDaniel was in the area to inspect the site and hold a news conference, and Hibblen and a small group of reporters were following him to report on the visit. Upon arrival, representatives from the county sheriff's office, which is running security at the site, directed the reporters to a boundary point 10 feet away that they should not pass. The reporters agreed to comply. But the tone shifted abruptly, Hibblen told Mother Jones on Friday:

It was less than 90 seconds before suddenly the sheriff's deputies started yelling that all the media people had to leave, that ExxonMobil had decided they don't want you here, you have to leave. They even referred to it as "Exxon Media"…Some reporters were like, "Who made this decision? Who can we talk to?" The sheriff's deputies started saying, "You have to leave. You have 10 seconds to leave or you will be arrested."

Hibblen says he didn't really have time to deal with getting arrested, since he needed to file his report on the visit for both the local affiliate and national NPR. (You can hear his piece on the AG's visit here.) KUAR has also reported on Exxon blocking reporters' access to the spill site.

Reporters Say Exxon Is Impeding Spill Coverage in Arkansas [MotherJones/Kate Sheppard]

(via Kadrey)

French spies demand removal of a Wikipedia entry, threaten random Wikipedia admin in France when they don't get their way


The French spy agency Direction Centrale du Renseignement Intérieur inexplicably flipped out about a longstanding Wikipedia entry on a military base (station hertzienne militaire de Pierre sur Haute) filled with public domain, widely known information. They tried to get the Wikimedia Foundation to delete it, but wouldn't explain what, exactly, they objected to in the entry. When the Wikimedia Foundation rebuffed them, they picked out a random volunteer Wikipedia admin living in France -- a person who had never had anything to do with the post in question -- and threatened him with jail unless he used his admin privileges to delete the post.

The Foundation is trying to support the their volunteer as best as they can. Meantime, the post about station hertzienne militaire de Pierre sur Haute's pageviews have shot from a couple per day to 9000+.

The Foundation takes allegations of national security threats seriously and investigated the matter accordingly. However, it was not readily apparent what specific information the DCRI could consider classified or otherwise high-risk. Without further information, we could not understand why the DCRI believes information in the article is classified. Almost all of the information in the article is cited to publicly-available sources. In fact, the article’s contents are largely consistent with a publicly available video in which Major Jeansac, the chief of the military station in question, gives a detailed interview and tour of the station to a reporter. This video is now cited in the article. Furthermore, the page was originally created on July 24, 2009 and has been continually available and edited since. We do not know why the DCRI believes that the article has suddenly become an urgent threat now.

We requested more information from the DCRI, such as which specific sentences or sections they believed to contain classified information. Unfortunately, the DCRI refused to provide any more specific detail and reaffirmed their demand that the entire article be deleted. Therefore, the Foundation was forced to refuse their request pending receipt of more information that we could use to fully evaluate their claim.

On 30 March 2013, we discovered that the DCRI, evidently dissatisfied with the Foundation’s response, contacted a volunteer with administrative rights (a “sysop”) who resides in France. This sysop is not responsible for the hosting of the content on Wikipedia, had no role in the creation of the article, and is not part of the Wikimedia Foundation. As we understand it, the sysop attempted to explain his limited role as a volunteer and directed them back to the Foundation’s legal department.

Legal and Community Advocacy/Statement on France

(Image: A general view of the military base of Pierre sur Haute, located in the Monts du Forez. It's a dependency of the Base Aerienne 942 of Lyon-Mont Verdun, GDL/CC BY-SA image by S. Rimbaud)

Studios regret sending Google a list of every pirate site on the Internet for publication

The movie studios send a lot of takedown notices to Google, demanding that the search engine remove links to sites and files they don't like. Google publishes all the notices they receive, and this has Fox and other studios upset. Now, they're sending takedown notices demanding removal of their takedown notices. Cory

Act now to stop the UK Leveson press-regulations from applying to blogs and individuals online!

I've written here before that the impending UK press-regulation rules coming in as a result of the Leveson report will inadvertently end up treating bloggers and other everyday Internet users as though they were newspapers, exposing them to the threat of arbitration proceedings where they will have to pay the legal costs of people who want to silence them, and be subject to "exemplary damages" -- enormous statutory fines that grossly exceed any actual harm caused.

Now the Open Rights Group has started a campaign to warn party leaders about this in the three days we have left before Leveson becomes law. We need your help now, or bloggers and the open Internet will become collateral damage in the campaign to control Britain's awful tabloids.

Jim from ORG writes, "The Leveson regulations are being applied to UK websites -- in ways that could catch more or less anyone who publishes a blog. Ordinary bloggers could be threatened with exemplary damages and costs. If this happens, small website publishers will face terrible risks, or burdensome regulation -- and many may simply stop publishing."

Cameron, stop the Dangerous Blogs Bill (Thanks, Jim!)

(Disclosure: I co-founded the Open Rights Group and am proud to volunteer on its advisory board)

GoPro sends fraudulent DMCA notice to site that ran a negative review of its products


GoPro, manufacturers of small digital video cameras, sent a Digital Millennium Copyright Notice to a site called DigitalRev, which had compared GoPro's latest camera to Sony's rival Action Video Camera, and concluded that the Sony camera was much better. When GoPro was called on its censorship, the company said,

The letter that was posted next to the review on DigitalRev was not sent in response to the review. Obviously, we welcome editorial reviews of our products. This letter was sent because DigitalRev is not an authorized reseller of GoPro products and they were using images and had incorrect branding and representation of our product in their online commerce store. As part of our program – we ask merchants who are selling our product to use authorized images. That is why DigitalRev was contacted. But – our letter did not clearly communicate this and that is something we will correct.

However, the DMCA cannot be used to remove alleged trademark violations. As the name implies, the DMCA concerns itself with copyright, not trademark (that's why it's the DMCA and not the DMTA), and it is nothing less than fraud to send a DMCA notice over an alleged trademark violation. In other words, GoPro violated the law, and then offered a lame-ass, weak-ola excuse for it. You don't need a trademark holder's permission to use its marks in a review, nor do you need to be an authorized reseller to review products.

As GoPro surely knows.

As a reminder, apparently Sony's Action Video Camera kicks the GoPro camera's ass.

GoPro Uses DMCA to Take Down Article Comparing Its Camera with Rival (Thanks, Paul!)

Canadian government muzzles librarians and archivists, creates snitch line to report those who speak online or in public without permission

Canada's Conservative government has issued new regulations to librarians and archvists governing their free speech in public forums and online media. According to the Harper government, public servants owe a "duty of loyalty" to the "duly elected government" and must get permission from their political officers managers before making any public utterance -- or even a private utterance in an online forum that may eventually leak to the public, to prevent "conflicts" or "risks" their departments.

The Tories have also rolled out a snitch-line where those loyal to the party line can report on their co-workers for failing to maintain ideological purity.

“Once you start picking on librarians and archivists, it’s pretty sad,” says Toni Samek, a professor of library and information studies at the University of Alberta. She specializes in intellectual freedom and describes several clauses in the code as “severe” and “outrageous.”

The code is already having a “chilling” effect on federal archivists and librarians, who used to be encouraged to actively engage and interact with groups interested in everything from genealogy to preserving historical documents, says archivist Loryl MacDonald at the University of Toronto.

“It is very disturbing and disconcerting to have included speaking at conferences and teaching as so-called ‘high risk’ activities,” says MacDonald, who is president of the Association of Canadian Archivists, a non-profit group representing some 600 archivists across the country.

Regular readers will remember that Canada's librarians and archivists led a charge to save Canada's National Archives when the Harper Tories broke up the irreplaceable collections and flogged them off to private collectors at fire-sale prices.

Federal librarians fear being ‘muzzled’ under new code of conduct that stresses ‘duty of loyalty’ to the government [Margaret Munro/National Post]

(Thanks, Dad!)

My books on a Tor hidden service

Part of the plot in Homeland revolves around "hidden services" on the Tor network. Now, a fan of mine in Norway called Tor Inge Røttum has set up a hidden service and stashed copies of all my books there. He writes:

A hidden service in Tor is a server, it can be any server, a web server, chat server, etc. A hidden service can only be accessed through Tor. When accessing a hidden service you don't need an exit node, which means that they are more secure than accessing the "clearnet" or the normal Internet (if you want). Because then the exit nodes can't snoop up what you are browsing. Hidden services are hard to locate as most of them aren't even connected to the clearnet.

I don't have any servers or computers that I can run 24/7 to host a hidden service, but fortunately there is a free webhost that is hosting websites on Tor: http://torhostg5s7pa2sn.onion.to

After creating the domain I wrote a dirty bash script to download most of Cory's books and create a HTML file linking to them. It's available on pastebin: http://pastebin.com/3YR6j8zJ

How cool is that?

Indian diploma mill uses Internet censorship to shut down critics

@kanwarsation sez, "Using a muzzling Court Order under India's badly written IT Act against the Department of Telecom, the IIPM has blocked articles critical of them, including satire on humour sites, and commentary on news sites as well. Most shocking, they have blocked the link to an official order declaring that they are not a university, which was posted on the website of the University Grants Commission, a government body that looks at higher education. The Indian Institute of Planning & Management is an over-priced MBA school that basically allows in anyone who writes a big enough cheque. There has been continuing criticism of their methods and quality, and of their flamboyant Founder/Chairman Arindam Chaudhuri." Cory

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