MemeStreams | MemeStreams Discussion

Create an Account

This page contains all of the posts and discussion on MemeStreams referencing the following web page: MemeStreams receives DMCA takedown from Texas Instruments. You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.

MemeStreams receives DMCA takedown from Texas Instruments
by Decius at 3:30 pm EDT, Aug 30, 2009

The email posted below has been modified from its original form. The original email contained a hyperlink to a third party website that Texas Instruments seems to think violates their intellectual property. Texas Instruments also seems to think that posting that link violates their intellectual property. Because the DMCA notice they sent me includes that link, by their logic, distributing that notice in its original form would also violate their intellectual property. Therefore, I've had to remove that link from the notice.

Here is the notice I received:

From: "Foster, Herbert"
To: "tom@tomcross.info"
Date: Thu, 27 Aug 2009 13:46:24 -0500
Subject: Illegal Offering of Material to Circumvent TI Copyright Protections

To: Tom Cross, Chairman - Memestreams

Re: Illegal Offering of Material to Circumvent TI Copyright Protections

VIA: E-mail to: tom@tomcross.info

It has come to our attention that the web site www.memestreams.net contains material and/or links to material that violate the anti-circumvention provisions of the Digital Millennium Copyright Act ("DMCA"). This letter is to notify you, in accordance with the provisions of the DMCA, of these unlawful activities. Pursuant to the safe harbor provisions of the DMCA, we request that you remove any whole or partial reproductions of and/or disable links to the following:

The link at the bottom of the www.memestreams.net page entitled "TI-83 Plus OS Signing Key Cracked - ticalc.org."

[ED: The text "TI-83 Plus OS Signing Key Cracked - ticalc.org" was originally a hyperlink that TI claims I cannot make.]

Texas Instruments Incorporated ("TI") owns the copyright in the TI-83 Plus operating system software. The TI-83 Plus operating system uses encryption to effectively control access to the operating system code and to protect its rights as a copyright owner in that code. Any unauthorized use of these files is strictly prohibited.

www.memestreams.net is distributing or providing links to information (found at http://www.memestreams.net/users/decius/blogid10355905) that bypasses TI's anti-circumvention technology. By providing copies of or offering links to such information, www.memestreams.net has violated the anti-circumvention provisions of the DMCA at 17 U.S.C. 1201(a)(2) and 1201(b)(1).

Please confirm to the undersigned in writing no later than noon on August 28, 2009 that you have complied with these demands. You may reach the undersigned by telephone at (972) 917-1522 or by email at h-foster@ti.com. TI reserves all further rights and remedies with respect to this matter.

I hereby confirm that I have a good faith belief that use of the Illegal Material in the manner complained of in this letter is not authorized by the copyright owner, its agent, or the law, that the information in this letter is accurate, and that, under penalty of perjury, I am authorized to act on behalf of TI, the owner of the exclusive rights in the TI-83 Plus operating system software that are allegedly misappropriated using unlawful methods.

Texas Instruments Incorporated

Herbert W. Foster

Manager, Business Services
Education Technology Group

RE: MemeStreams receives DMCA takedown from Texas Instruments
by Hijexx at 4:32 pm EDT, Aug 30, 2009

Decius wrote:
Here is the notice I received:

Have you sent this over to Chilling Effects? John at Cryptome might be interested too.

RE: MemeStreams receives DMCA takedown from Texas Instruments
by zeugma at 11:43 pm EDT, Aug 30, 2009

Herbert Foster wrote:
It has come to our attention that the web site www.memestreams.net contains material and/or links to material that violate the anti-circumvention provisions of the Digital Millennium Copyright Act ("DMCA"). This letter is to notify you, in accordance with the provisions of the DMCA, of these unlawful activities. Pursuant to the safe harbor provisions of the DMCA, we request that you remove any whole or partial reproductions of and/or disable links to the following:
The link at the bottom of the www.memestreams.net page entitled "TI-83 Plus OS Signing Key Cracked - ticalc.org."
[ED: The text "TI-83 Plus OS Signing Key Cracked - ticalc.org" was originally a hyperlink that TI claims I cannot make.]
Texas Instruments Incorporated ("TI") owns the copyright in the TI-83 Plus operating system software. The TI-83 Plus operating system uses encryption to effectively control access to the operating system code and to protect its rights as a copyright owner in that code. Any unauthorized use of these files is strictly prohibited.

Am I missing something?

Key 0004 is a signing key. It does not (to my knowledge) protect any copyrighted files. This isn't like disabling the content scrambling on DVDs. All you can do with this key is impersonate legitimate TI software - i.e. run a homebrew os on the TI-83+. I don't see how key 0004 is copyright protection in the first place, and I don't understand how you can bring up the DMCA at all.

If anything, cracking and using another person's signing key might be rightfully considered forgery. However, this would seem to apply only if you are literally pretending to be TI in the distribution of TI-83+ operating systems.

All people are doing is trying to use the hardware that they legally purchased and own. You don't sign any sort of a license agreement when purchasing a graphing calculator.

RE: MemeStreams receives DMCA takedown from Texas Instruments
by Neoteric at 10:59 am EDT, Aug 31, 2009

Decius wrote:
... [point haired legelese] ...
Please confirm to the undersigned in writing no later than noon on August 28, 2009 that you have complied with these demands. You may reach the undersigned by telephone at (972) 917-1522 or by email at h-foster@ti.com. TI reserves all further rights and remedies with respect to this matter.

this is crap! shame on you TI. they should point out specifically what in tom's post they object too. cause as far as i remember it was just a punch of words.

--timball

MemeStreams receives DMCA takedown
by Acidus at 12:51 pm EDT, Sep 1, 2009

It has come to our attention that the web site www.memestreams.net contains material and/or links to material that violate the anti-circumvention provisions of the Digital Millennium Copyright Act ("DMCA"). This letter is to notify you, in accordance with the provisions of the DMCA, of these unlawful activities. Pursuant to the safe harbor provisions of the DMCA, we request that you remove any whole or partial reproductions of and/or disable links to the following:

Is this the first DMCA letter Memestreams has received? You'd think between you, me, Virgil, Mike, Rattle, deC0de and others we would have generated more of these by now...

RE: MemeStreams receives DMCA takedown
by Rattle at 2:26 pm EDT, Sep 1, 2009

Is this the first DMCA letter Memestreams has received? You'd think between you, me, Virgil, Mike, Rattle, deC0de and others we would have generated more of these by now...

It is kind of shocking it's the first one we've received. However, I find it pretty disturbing that we consider corporations exercising prior restraint powers on vocal members of the infosec scene "normal".

I'm really pissed off about this. TI shot out C&D's like a flack cannon. Tom wasn't providing any information that could be used to infringe anything. He was discussing the larger ramifications of what happened. That should be protected speech.

I've yet to see any media attention to TI's actions. I hope this doesn't pass without bad behavior being called out...