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MemeStreams receives DMCA takedown from Texas Instruments

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MemeStreams receives DMCA takedown from Texas Instruments
Topic: Miscellaneous 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



 
 
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