Were we breaking the law? Our downtime explained ...


Posted by absorbation on Sat 05 Apr 2008 (16:16 GMT) (2511 views)
If this post sounds bitter, it's because I'm angry right now. Last night the main website was down for 11 hours due to a formal DMCA (Digital Millennium Copyright Act) notice regarding allegedly infringing content on the website. This was sent by Microsoft concerning this news post.

The post listed details on the first news of Windows Live Messenger 9, back in January 2007! As a result my web host, Dreamhost was forced to take down Messenger Stuff until the content was removed. I was outraged (not at Dreamhost, they were just following the law), but at Microsoft for issuing this DMCA notice for talking about upcoming software. It later turns out the news post was not the issue, but comments within them, revealing links to the beta.

I must stress I cannot control what people post in comments, this is the Internet! I do get a lot of spam comments and I do go through them as delete as much of them as possible, including those of copyright material of leaked betas (I really do). What annoys me the most is Microsoft simply went straight to the DMCA notice instead of contacting me politely on the issue of which I would have complied in the fullest way. My email address is in my WHOIS information of which they would have had to access in order to contact Dreamhost!

The lack of working with me on the issue is what hurts. I always thought msgstuff.com had a good relationship with Microsoft and the fact they can't ask my nicely to remove content, which I find impossible to control is mind boggling. To put this simply Microsoft went step to step 3 instead of step 1. My opinion is that they are abusing their power and hurting their relationship with those who talk about their products and that's a huge mistake for any company.

Back in 2003 Microsoft did this to Neowin, over a feedback post listing links to XP Peer-to-Peer Software Development Kit (SDK).

I only hope that this does not happen again as I simply can't control what you want to say. Now I know this post is very rant like and bitter, but I am 'ticked-off' to say the least over the issue especially as this could of been a much simpler matter.

To top it all, if you visit the deleted post, Google ads still provide you with links to the beta (I guess that's my fault too).

So what do you my readers think of this problem? Were Microsoft in the right to take down my website and am I just overreacting to the whole issue?

P.S. Don't post any links to leaked betas in this or any other post.

Tags:   Downtime    

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Comments:


Comment by Fernanda
Posted on Tue 03 Jun 2008 (13:00 GMT)
"I must stress I cannot control what people post in comments" -- What if i post right here links to cracks for commercial software or links to child porn? It IS ur website, it IS your responsability and u should understand that. If u dont have the time to check what peopple post... then disable the comments thingy. And i'm sorry to tell u, but Microsoft is in its right to protect its software


Comment by Chris
Posted on Sun 13 Apr 2008 (07:50 GMT)
We will be implementing better moderation features for the comment system in the near future, which should prevent this type of thing happening again.


Comment by Christina
Posted on Thu 10 Apr 2008 (18:51 GMT)
Microsoft had no right to take donw your website, they should had been polite to you and asked you nicely to remove the links.


Comment by Aaron
Posted on Mon 07 Apr 2008 (00:08 GMT)
It definitely wasn't your fault. I've seen other links for WLM 9 all over the internet. Its the internet we can't control everything!


Comment by //Mercury
Posted on Sun 06 Apr 2008 (12:40 GMT)
Of course it wasnt your fault!, you cant help what your visitors put, what links they post or what they comment about. you tried your best to remove all the links but its not your fault that people kept posting them. Microsoft should have contacted you first about the links. i applaud your for removing the links as i was selected to be one of the official testers and i didnt want people getting their hands on it and geting it shut down due to the mass amount of using the program. hopefully you and microsoft can sort your situations out and everything will become normal after a while.

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