Woodman Labs, Inc d/b/a GoPro, sends bait-and-switch DMCA notice

Here’s what they stated in their DMCA takedown letter to the web site’s hosting company (in link below):

We are providing you this letter of notification pursuant to the Digital Millennium Copyright Act 17 USC??512(c) to make Softlayer.com aware of material on its network or system that infringes the exclusive copyrights of Woodman Labs, Inc d/b/a GoPro (“Company”). We hereby affirm that the undersigned is authorized to act on behalf of Company whose exclusive intellectual property rights we believe to be infringed as described herein.

We have a good faith belief that the Internet site found at digitalrev.com infringes the rights of the Company by using the following trademarks of the Company:

“GOPRO” Registered: 3/3/2009 US Registration# 3032989

“HERO” Registered: 12/20/2005 US Registration# 3308141

Have a closer look at the bold parts.  They start out by saying this is a matter of copyright.  Then they switch to trademarks, which the DMCA does not even cover.  They are trying to trick an internet provider into taking down a technology review because their product lost out to Sony in the review process.  What a bunch of poor losers.  But they have also committed a tort and I hope they get sued hard over this.

http://www.digitalrev.com/article/gopro-hero-3-vs-sony/Njk3MDQ3MDg_A

http://arstechnica.com/tech-policy/2013/03/gopro-can-fall-from-planes-with-no-parachute-cant-get-copyright-law/

I have now added Woodman Labs, Inc/GoPro to join with Sony in my list of despicable companies I refuse to ever buy anything from.  They will have to quickly reverse this to get off that list.

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When Is The Time To Talk About Solving Mass Shootings?

Right now we have two sides talking.  It always happens after every gun related mass killing.  Everyone with an agenda has come out to talk (and a few others because of them doing the talking).  But, no one is listening.

There has not been any time to think about what happened.  People are grieving.  We all should.  But some will be for quite a while.  This is another reason to not be talking about the political issues right now.  And this is an especially tragic one because of the ages of so many victims.

At a later time (the answer to the title), let’s talk.  I suggest in about 3 months.  Then maybe we will be clear headed enough to actually come to a greater agreement on what we can do to actually reduce these kinds of things even more (they actually have been going down).  In the mean time think about the causes.  The cause of the latest one may be some time forthcoming, or even indeterminate.

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Apple iPhone 5 harmful to the environment

If you buy the recently released iPhone 5 you are probably joining with Apple to cause a small amount of additional harm to the environment that could have been avoided. This is the result of Apple deciding to include yet another incompatible connector on the iPhone 5, contrary to their signed pledge to use the micro-USB standard that the other phone manufacturers also agreed to, and the ITU has adopted.

iPhone 5 Misses Standardisation Opportunity

If you have any genuine concern for the environment, and the avoidance of yet more electronic waste, do not buy an iPhone 5, or any other iPhone for that matter.

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More things I want to buy

See my previous post here: http://blog.motre.net/2012/07/31/things-i-want-to-buy/

5. A computer KVM switch which has DVI for the monitor connection, PS/2 for the keyboard connection, and PS/2 for the mouse connection. There should be 4 ports for PCs. I also want separate “go to” buttons for each PC. It needs to be a small box form factor for a desktop.

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Debt Collectors Have Robo-signers, too

Actually, debt collectors probably invented robo-signing decades ago.  And it has been easy for them to get away with this since most defendants never show up in court, or respond, when they are sued.  In most cases the debts are valid and they can’t pay, or even afford an attorney.

Lately, more people have been showing up in court, with the help of the internet offering several forums of assistance for those that can’t afford an attorney, but do want to fight the lawsuit because they believe the debt is wrong.  And this has help show to judges what’s been wrong with these lawsuits. Normally, judges won’t ever see the evidence when defendants don’t show up. So they won’t even know if the evidence is defective, which in far more cases than not, it has been, as revealed in the cases where defendants do show up. Things are changing.

Problems Riddle Moves to Collect Credit Card Debt

It has been the summary judgment. The defendant does not appear so the plaintiff asks the judge to rule a summary judgment in favor of the plaintiff, not because the plaintiff prevailed by its evidence, but simply because the defendant did not show up. More than likely no evidence was ever shown.

But when a defendant does appears, in so many cases it turns out the debt collectors completely lack evidence, or have insufficient evidence, or in more recent cases have completely fabricated, false, or just plain defective evidence. They are hoping that the evidence they do bring looks real enough that pro-se defendants (those without an attorney and who are representing themselves) won’t know how to proceed against it. If the evidence is not challenged by the defendant, the judge usually has no authority to reject it. So a plaintiff can still win even when the defendant shows up, even though they have no valid case. This article is showing that now more and more defendants, some with attorneys to represent them, are now challenging this incomplete, inaccurate, fabricated, or just plain false evidence.

Part of the problem is bad record keeping both by credit card (and other) banks, and by the debt collectors buying these accounts, usually for pennies on the dollar. These errors sometimes point to the wrong people, or have the amounts miscalculated, or leave out credits that should have been applied to the account. Sometimes addresses get mixed up and the wrong people contacted. Where the banks make these mistakes, even the debt collectors are innocent victims (aside from their often too vicious and illegal methods of trying to collect).

I’ve personally been the victim of identity theft a couple times, incorrect skip trace by collectors a few times, incorrect calculation (actual arithmetic errors by computers) a couple times, and numerous other cases I never was able to figure out. One of my ID theft cases went to court (but I did respond and the case was ultimately dismissed).

Some other stories about bad debt collection:

True Debt Collection Horror Tales

T-Mobile Tells Me My Account Is Paid-Up, Then Sends Me To Collections

W. Va. Woman Fights to Collect $10 Million from Debt Collectors

Zombie debt collections: Hollywood Video is dead, but bills still haunt consumers

The best things people can do if they run into situations like this (wrong debt, etc) is fight. If you can’t afford an attorney, maybe your community has a Legal Aid program (often supported by nearby law schools). Otherwise, you can find many ideas online. But the most important advice ever is do not ignore it. It will not go away.

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Things I want to buy

1. A computer mouse where the roller and middle button are separated. When I press the roller to be pressing the middle button, sometimes the roller rolls just a bit, and sometimes that causes the wrong item to be clicked.

2. A cooking pan set with 1 quart, 1.5 quart, 2 quart, 3 quart, and 4 quart sizes, with glass lids, and (this is important to me) NO bolts on the inside cooking surface (e.g. must be smooth and uniform throughout). They also must have very flat bottoms with no center indentations, so they work well and heat uniformly on glass top stoves. Liters instead of quarts is fine.

3. A camera compatible with a DSLR lens system, but without the flip-up mirror. Looks like Canon will be meeting my want with the Canon EOS-M. I just have to wait to October for it to show up at B&H.

4. A microwave oven with high power, like 2400 to 3000 watts. It needs to have a wattage adjustment, too, so I can choose between fast heating or slow heating.

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Here’s a reason to avoid Sprint for your next iPhone

If you end up moving to a new location where your current phone carrier cannot provide you with service, we normally expect them to make things good so you can use another carrier.  It’s just the right thing to do.  But Sprint has apparently changed its practices and is no longer doing the right thing.  Here’s the story on The Consumerist:

Sprint Isn’t Sure Whether They Can Unlock My iPhone Or Not.

I suggest avoiding Sprint until they fix their policy and start doing the right thing.

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