Comments on: MobiTV Trying to Take Down Howard Forums

By: hyedipin

hyedipin — Sat, 08 Mar 2008 04:34:19 +0000

MobiTV should spend some time changing link structure, and that would have been enough. Now everyone knows about both MobiTV and HoFo..
Both sides win, call it even. Great advertisement, free publicity.

By: dsamuilov

dsamuilov — Fri, 07 Mar 2008 21:07:44 +0000

I wonder if Mobitv will threaten Sprint to “cease and desist”.

;)

By: Robbie

Robbie — Fri, 07 Mar 2008 19:57:44 +0000

“It seems that a user of Howard Forums has discoved a URL within the MobiTV website”

The hofo member didn’t discover it, he/she was just reposting it form the Sprint forums….!

By: dsamuilov

dsamuilov — Fri, 07 Mar 2008 17:04:42 +0000

Thanks Chris, I also found a “contact us” webpage on his website and posted a reviewed (more detailed) version of this post. I surely hope that he gets either of these posts and can get Mobitv to stop bullying him.

By: Chris Leckness

Chris Leckness — Fri, 07 Mar 2008 16:57:15 +0000

Thanks dsamuilov, Howard is getting a ton of support on this and I’m pretty sure this will go away really quick with all of use sharing this. I have sent this link over to Howard for him to consider just in case.

By: dsamuilov

dsamuilov — Fri, 07 Mar 2008 16:32:13 +0000

Chris,

I have a few comments about this issue:
+ If one’s security is based on the ignorance of others, it is bound to fail. Mobitv has done this and based their security on users not knowing of a publicly accessible URL.
+ Mobitv claims that their URL is not publicly accessible because nobody knew about it…
+ Mobitv has created a publicly available URL (i.e. ayone can see, it’s out in the open, no login restriction, no user limitation from unauthorized access, no control of approved users vs. unauthorized access) showing their complete disregard for protecting their copyrighted materials with a preventative method. Ignorance of others cannot be claimed as a preventative method of access.

The ironic thing about the DMCA is that it allows for any person being pressured under the DMCA to sue back for defamation if it can be proven that the accused (Howard) did not break the law.

If Howard knows you, please forward this information to him, I’m sure it will be useful in his defense.

Finally, even if he does not want to litigate with Mobitv, he may still have to do so. In that case, I can only recommend the people at EFF (www.eff.com) with whom I am not connected or related in any way other than knowing and having read about their work defending consumers against abuse of the DMCA.