Tuesday, December 11, 2018

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Online Copyright Infringement Liability Limitation Act | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute

https://www.law.cornell.edu/wex/online_copyright_infringement_liability_limitation_act

Online Copyright Infringement Liability Limitation Act

Title II of the Digital Millennium Copyright Act, the Online Copyright Infringement Liability Limitation Act, added Section 512 to the Copyright Act, providing four distinct safe harbors for online service providers. If the conduct of a service provider meets all the specific requirements of a safe harbor, the service provider will not be liable for monetary damages for copyright infringement, although injunctions to stop future infringement are possible.

In addition to the specifics of each safe harbor, there is the overall requirement that the service provider adopt a policy for terminating users who are repeat infringers, and that the service provider accommodate and not interfere with standard technological measures to protect copyrighted content.

The first safe harbor addresses "transitory digital network communications," the routing of messages across the Internet for users. The service provider is simply acting as a conduit for these messages, even though it may need to make temporary copies in its routers. In addition to the safe harbor, the Act imposes somewhat different injunction requirements for such service providers.

The second safe harbor addresses "system caching." At the time of the DMCA, it was common for a large service provider to cache copies of web pages that were being frequently accessed by its users, rather than retrieve a new copy each time, to minimize the traffic on the Internet backbone.

The third safe harbor, and the one most commonly associated with the Act, addresses "information residing on systems of networks at the direction of users." This is the "notice and takedown" provision, that says when properly notified of content alleged to be infringing, the service provider will remove it. That takedown can be challenged by the user, but any putback is delayed ten to fourteen business days, long enough for an infringement suit to be filed. To aid in filing such a suit, a copyright owner can subpoena a service provider for the identity of an alleged infringer.

The fourth safe harbor, addresses "information location tools" such as online directories or search engines.

Finally, there is a special limitation on liability for nonprofit educational institutions.

Elyssa D. Durant

Research & Policy Analyst

Columbia University, New York

Sunday, December 9, 2018

Copyright and Intellectual Property Policy | Oath Policies

https://policies.oath.com/us/en/oath/ip/index.html

Copyright and Intellectual Property Policy

Yahoo respects intellectual property laws and has adopted the following policy toward intellectual property infringement on its Services.

Reporting Instances of Intellectual Property Violations

NOTE: This policy addresses copyright and trademark concerns relating to content accessible on or through Yahoo's Services, other than Bing search results. For copyright or trademark concerns about search results powered by Bing (including, but not limited to, Sponsored Listings and Ads results), please click on the relevant sections under Resources to contact Microsoft directly.

Yahoo responds to effective and complete notices of intellectual property violations that provide specific information for us to identify and locate the allegedly infringing materials. In appropriate instances, we will remove allegedly infringing materials. Upon review, we may decline to remove allegedly infringing materials – for example, if we determine they are not infringing, if we lack adequate information to determine that they are infringing, if we are unable to find the accused materials, or if the materials are protected by the fair use doctrine, among other reasons.

Please note, under the Digital Millennium Copyright Act ("DMCA"), section 512(f), any person that knowingly materially misrepresents that activity is infringing may be liable for damages, including costs and attorney's fees. If someone has posted your original work (for example, a photo you took, or an article you wrote) without your permission, you may want to seek legal guidance to find out if your intellectual property rights have been infringed. Yahoo is unable to provide you with legal advice regarding copyright, trademark or other intellectual property matters.

Copyright Notices

If you believe that work residing or accessible on or through Yahoo's Services infringes a copyright, please send a notice of copyright infringement to Yahoo's Agent for Notice with the following information (your "Notice"):

Identification of the work or material that you claim has been infringed. If this material exists online, please provide a URL.
Identification of the material that is claimed to be infringing, including its location on the Yahoo network, with sufficient detail so that Yahoo is capable of finding the material and verifying its existence (e.g., in most circumstances, we will need a URL).
Contact information, including your name, address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law.
A statement by you that the above information in your Notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
A physical or electronic signature of the owner of the copyright that has been allegedly infringed or a person authorized to act on behalf of the owner.

Submit a copyright infringement notice

You may also submit a notice to the below agent:

Copyright Agent
c/o Oath Holdings Inc.
701 First Avenue
Sunnyvale, CA 94089

Phone: (408) 349-5080
Fax: (408) 349-7821
Email*: copyright@yahoo-inc.com

Trademark Notices

If you are asserting infringement of a trademark, whether in connection with a sponsored search ad or user content, we recommend that you submit your notice using the following form:

Submit a trademark infringement notice

You may also submit a notice to the below agent:

Intellectual Property Agent
c/o Oath Holdings Inc.
701 First Avenue
Sunnyvale, CA 94089

Fax: (408) 349-7821
Email*: trademarkcomplaints@cc.yahoo-inc.com

If your complaint relates to counterfeit activity, visit the following page: https://policies.oath.com/us/en/oath/ip/counterfeits/index.html.

Counter Notices / Appeals

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Yahoo. Visit Yahoo's Counter Notification page for more information on filing a counter notification.

Accounts or subscribers that are the subject of a trademark notice may submit an appeal to Yahoo's Agent, along with any relevant materials you would like Yahoo to consider.

Repeat Infringers

Yahoo reserves the right, in its sole discretion, to terminate any user for actual or apparent infringement of intellectual property rights. Yahoo will terminate, under appropriate circumstances, the accounts of users who are repeat copyright infringers

Yahoo may forward a copy of any Notice including name and email address to the subscriber or account holder who posted that content in order to notify that person. It may also forward a copy of a Notice (with personally identifiable information removed) to the Chilling Effects website (https://lumendatabase.org/) for publication, or post a copy of a Notice (with personally identifiable information removed) on our website. Any subscriber or account holder may ask for a copy of any Notice, although Yahoo may make redactions to eliminate irrelevant or personally identifying information.

*Please note that, due to security concerns, attachments sent via email cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Last updated: July 2018

Elyssa D. Durant

Policy & Research Analyst

iPad Forensics Did Receive Remote notifications: Enter Background; Delete Media

2018-08-24 09:36:53:786 WPAnalytics session started
2018-08-24 09:36:53:798 ===========================================================================
2018-08-24 09:36:53:798 Launching WordPress for iOS 10.5.1 (10.5.1.1)...
2018-08-24 09:36:53:799 Crash count: 7
2018-08-24 09:36:53:799 Debug mode: Production
2018-08-24 09:36:53:799 Extra debug: YES
2018-08-24 09:36:53:800 Device model: iPad7,6 (iPad7,6)
2018-08-24 09:36:53:800 OS: iOS, 11.4.1
2018-08-24 09:36:53:800 Language: en-US
2018-08-24 09:36:53:800 UDID: 91C0B200-DBE9-4530-A0B9-6B22D35093B5
2018-08-24 09:36:53:801 APN token: 96e23011a780715405b13f238d732e3fc3fd62eebfccf50dd509c42023bad172
2018-08-24 09:36:53:806 Launch options: [__C.UIApplicationLaunchOptionsKey(_rawValue: UIApplicationLaunchOptionsRemoteNotificationKey): {
aps = {
alert = "Ben Huberman posted Cool Hunting on Discover";
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sound = "n.caf";
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2018-08-24 09:36:53:807 wp.com account: chillieh (ID: 137416115) (verified)
2018-08-24 09:36:53:808 All blogs on device:
2018-08-24 09:36:53:811 <Blog Name: Site Title URL: https://chillieh.wordpress.com XML-RPC: https://chillieh.wordpress.com/xmlrpc.php wp.com account: chillieh blogId: 144969131 plan: Free (1)>
2018-08-24 09:36:53:812 <Blog Name: Site Title URL: https://chilliehchannel.wordpress.com XML-RPC: https://chilliehchannel.wordpress.com/xmlrpc.php wp.com account: chillieh blogId: 144969539 plan: Free (1)>
2018-08-24 09:36:53:812 ===========================================================================
2018-08-24 09:36:53:858 Zendesk - read profile from User Defaults: ["name": Penguin, "email": elyssad@outlook.com]
2018-08-24 09:36:53:859 Zendesk Enabled: true
2018-08-24 09:36:53:902 User-Agent set to: Mozilla/5.0 (iPad; CPU OS 11_4_1 like Mac OS X) AppleWebKit/605.1.15 (KHTML, like Gecko) Mobile/15G77 wp-iphone/10.5.1
2018-08-24 09:36:53:995 Loading Stats for the following blog: https://chillieh.wordpress.com
2018-08-24 09:36:54:009 Loading Stats for the following blog: https://chillieh.wordpress.com
2018-08-24 09:36:54:168 🔵 Tracked: notifications_notification_details_opened, properties: {
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}
2018-08-24 09:36:54:233 🔵 Tracked: my_site_tab_accessed
2018-08-24 09:36:54:278 didFinishLaunchingWithOptions state: 2
2018-08-24 09:36:54:306 <WordPressAppDelegate: 0x1c40d3be0> application:didReceiveRemoteNotification:fetchCompletionHandler:
2018-08-24 09:36:54:306 Received push notification:
Payload: {
aps = {
alert = "Ben Huberman posted Cool Hunting on Discover";
badge = 1;
"content-available" = 1;
sound = "n.caf";
"thread-id" = "new_post-34894";
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blog = 53424024;
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"post_id" = 34894;
type = "new_post";
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2018-08-24 09:36:54:306 Current Application state: 2
2018-08-24 09:36:54:311 🔵 Tracked: push_notification_received, properties: {
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2018-08-24 09:36:54:324 Running Notifications Background Fetch...
2018-08-24 09:36:54:506 Last stats period type: 3
2018-08-24 09:36:54:571 🔵 Tracked: stats_period_accessed, properties: {
"blog_id" = 144969131;
period = months;
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2018-08-24 09:36:54:578 Last stats period type: 3
2018-08-24 09:36:54:578 Last stats period type: 3
2018-08-24 09:36:54:852 🔵 Tracked: stats_period_accessed, properties: {
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period = months;
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2018-08-24 09:36:54:868 🔵 Tracked: stats_insights_accessed, properties: {
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2018-08-24 09:36:54:949 Media: removed 2 file(s) during cleanup.
2018-08-24 09:36:55:028 Device Token received in didRegisterForRemoteNotificationsWithDeviceToken: 96e23011a780715405b13f238d732e3fc3fd62eebfccf50dd509c42023bad172
2018-08-24 09:36:56:297 Successfully registered Device ID 25240742 for Push Notifications
2018-08-24 09:36:57:301 Finished Notifications Background Fetch!
2018-08-24 13:16:13:039 <WordPressAppDelegate: 0x1c40d3be0> applicationWillEnterForeground:
2018-08-24 13:16:13:109 PingHub connecting
2018-08-24 13:16:13:503 TracksService sendQueuedEvents completed. Sent 14 events.
2018-08-24 13:16:13:516 PingHub connected
2018-08-24 13:16:13:561 🔵 Tracked: my_site_tab_accessed
2018-08-24 13:16:13:573 Loading Stats for the following blog: https://chilliehchannel.wordpress.com
2018-08-24 13:16:13:628 🔵 Tracked: site_menu_opened, properties: {
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"menu_item" = posts;
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2018-08-24 13:16:13:891 <WordPressAppDelegate: 0x1c40d3be0> applicationDidBecomeActive:
2018-08-24 13:16:13:895 🔵 Tracked: application_opened
2018-08-24 13:16:14:523 <WordPressAppDelegate: 0x1c40d3be0> application:didReceiveRemoteNotification:fetchCompletionHandler:
2018-08-24 13:16:14:523 Received push notification:
Payload: {
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badge = 2;
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sound = "n.caf";
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blog = 144969539;
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2018-08-24 13:16:14:524 Current Application state: 0
2018-08-24 13:16:14:532 🔵 Tracked: push_notification_alert_tapped, properties: {
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2018-08-24 13:16:15:058 <WordPressAppDelegate: 0x1c40d3be0> application:didReceiveRemoteNotification:fetchCompletionHandler:
2018-08-24 13:16:15:059 Received push notification:
Payload: {
aps = {
alert = "Chillieh posted Test on Site Title";
badge = 3;
"content-available" = 1;
sound = "n.caf";
"thread-id" = "new_post-11";
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2018-08-24 13:16:15:059 Current Application state: 0
2018-08-24 13:16:15:064 🔵 Tracked: push_notification_alert_tapped, properties: {
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2018-08-24 13:16:24:968 🔵 Tracked: post_list_status_filter_changed, properties: {
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2018-08-24 13:16:26:066 🔵 Tracked: post_list_status_filter_changed, properties: {
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filter = Trashed;
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2018-08-24 13:16:27:574 🔵 Tracked: post_list_status_filter_changed, properties: {
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filter = Published;
type = post;
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2018-08-24 13:16:28:996 TracksService sendQueuedEvents completed. Sent 8 events.
2018-08-24 13:16:31:197 🔵 Tracked: notifications_accessed
2018-08-24 13:16:31:513 [Rest API] ! The specified path was not found. Please visit https://developer.wordpress.com/docs/ for valid paths.
2018-08-24 13:16:44:123 TracksService sendQueuedEvents completed. Sent 1 events.
2018-08-24 13:16:44:180 Pushing Notification Details for: [3515443106]
2018-08-24 13:16:44:195 🔵 Tracked: notifications_notification_details_opened, properties: {
"notification_type" = "new_post";
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2018-08-24 13:16:44:565 🔵 Tracked: reader_article_opened, properties: {
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2018-08-24 13:16:52:252 🔵 Tracked: me_tab_accessed
2018-08-24 13:16:57:128 🔵 Tracked: support_opened
2018-08-24 13:16:57:141 Zendesk - read profile from U

Elyssa D. Durant

Policy & Research Analyst

Monday, December 3, 2018

Liberty 'closing security vulnerabilities' after system hacked

https://ewn.co.za/2018/06/18/liberty-closing-security-vulnerabilities-after-system-hacked

Liberty 'closing security vulnerabilities' after system hacked

Liberty says specialist teams immediately began investigating the incident and the relevant authorities were also alerted.

Ray White

JOHANNESBURG - Liberty says customers have not lost any money despite its systems being hacked.

The group says it was alerted to the intrusion into its network last Thursday evening.

It has confirmed that information was taken, with the hackers demanding payment.

Liberty says that specialist teams immediately began investigating the incident and the relevant authorities were also alerted.

It says customers were informed via emails and SMS's that their information was at risk.

CEO David Munro says they have been working on addressing the problems and closing security vulnerabilities.

He also says that contact was made with those trying to extort money, but no concessions were made.

While it remains unclear exactly who was involved, Liberty has disclosed that the data breach involved mainly emails and possibly attachments.

(Edited by Shimoney Regter)

Elyssa D. Durant

Health Policy Analyst