Parody site ClownStrike defended the "obvious" fair use.
Doesn't CrowdStrike have more important things to do right now than try to take down a parody site?
That's what IT consultant David Senk wondered when CrowdStrike sent a Digital Millennium Copyright Act (DMCA) takedown notice targeting his parody site ClownStrike.
Senk created ClownStrike in the aftermath of the largest IT outage the world has ever seen—which CrowdStrike blamed on a buggy security update that shut down systems and incited prolonged chaos in airports, hospitals, and businesses worldwide....
The Streisand effect is an unintended consequence of attempts to hide, remove, or censor information, where the effort instead increases public awareness of the information. https://en.m.wikipedia.org/wiki/Streisand_effect
We must agree that :
1-they did want to sensor information
2-but the information was made more public.
Now, are you saying that (1) was indeed their intention but also that (2) was intentional. That being quite rich, they will continue to send DMCAs to intimidate anyone. Finally, their main goal wouldn't only be to deter this one action but also similar actions by others, which would be more effective if the DMCA succeeds.
... i must agree with you here if this is what you meant.
It is, but this isn't. The DMCA doesn't mention Trademark. That's a separate section of law because copyright and trademark are different things.
Crowdstrike submitting a DMCA takedown for alleged Trademark infringement isn't how it's supposed to work at all. Likely because they know this isn't actually a Trademark infringement case.
Cloudflare's automated system not being smart enough to see that is fine. Their abuse/counterclaim process being broken isn't. ( Not that that's new or unique )
I don't see anything on that site that infringes the DMCA. At best they might have a trademark violation claim, but DMCA is only for copyright claims, not trademark claims.
The only real use of trademark I could find was actually on the twitter account clownstrike took a picture of, unless they seriously want to try and tell is they think the name could be confused for theirs with a straight face.
!![](https, me^Play store link: Sync for Lemmy
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I don’t see anything on the parody ClownStrike site that infringes the DMCA. At best, Crowdstrike might have a valid trademark infringement claim, but DMCA is only for copyright infringement claims, not trademark claims.
Apparently, Cloudflare never received either of Senk's counter notices, which is a problem since Cloudflare only allows a 72-hour window to contest a takedown notice.
This sounds like ClownFlare outright lying through its teeth. Probably not even to defend ClownStrike, but to not look incompetent.
I think it's time to expand the Clown-Empire and add ClownSocialServices.lol and ClownFlare to its Vassals.
What do we call the head of state? The Witish Clown?
told Ars that he has no plans to move ClownStrike back to Cloudflare's hosting service. Instead, he responded by suggesting that Cloudflare update its abuse-reporting system to confirm receipt of counter notices, build a web portal where users can track abuse reports,
Good suggestions
and perhaps most significantly, revoke CSC's ability to submit abuse reports as a penalty for sending a bogus takedown
Pretty sure they can't. DMCA has strict rules that providers must follow to avoid liability.
kerning refers to the spacing between individual letters in the words, and justification is a method of typograghic alignment where space between words is stretched to make text flush with both left and right margins
While parody sites are not the intended target of these efforts, it’s possible for such sites to be inadvertently impacted. We will review the process and, where appropriate, evolve ongoing anti-fraud activities.
Hmm, I think I've heard something like that before...
But it pledged Wednesday to keep software glitches like last week’s from happening again, and to publicly release a more detailed analysis when it becomes available.
The company added that it is developing a new check for its validation system “to guard against this type of problematic content from being deployed in the future.
>Senk received a DMCA notice from Cloudflare's trust and safety team, which was then hosting the parody site.
Cloudflare sent themselves a DMCA takedown notice, instead of just taking down the content from their own web hosting for violating their policies. Weird.
DMCA takedown notices are not preemptively judged on their merits before filing. Anyone can file a frivolous takedown notice, just as anyone can file a frivolous lawsuit.
Yes parody is protected speech under fair use. Yes, companies are required to account for fair use before filing takedown notices. These things would come up if the case goes to trial which is unlikely.