From ba24eb93d42729886a3251bc4c8be693dbba75da Mon Sep 17 00:00:00 2001 From: Haleigh Date: Mon, 28 Jul 2014 15:36:30 -0700 Subject: [PATCH] Create 2014-07-28-Microsoft.md --- 2014-07-28-Microsoft.md | 48 +++++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 2014-07-28-Microsoft.md diff --git a/2014-07-28-Microsoft.md b/2014-07-28-Microsoft.md new file mode 100644 index 00000000..1ba04423 --- /dev/null +++ b/2014-07-28-Microsoft.md @@ -0,0 +1,48 @@ +Re: Code Enabling Unlawful Circumvention of Xbox Music DRM + +Dear [private]: + +We represent Microsoft Corporation in intellectual property litigation matters. I am +writing in response to your most recent email to [private] regarding Microsoft’s request that +GitHub remove or disable access to the materials currently available at the following URL: + +https://github.com/Zumicts/Audiotica/tree/develop. + +To clarify, because Microsoft is not the copyright owner of the works at issue, it is not +submitting a takedown notice pursuant to 17 U.S.C. § 512(c). Instead, as Gareth’s previous +email explained, Microsoft is requesting that GitHub remove or disable access to the code at the +above URL because it violates Microsoft’s rights under the anti-circumvention provisions of the +Digital Millennium Copyright Act (“DMCA”). See generally 17 U.S.C. § 1201. + +Specifically, this code violates Section 1201(a)(2)(A) of the DMCA in that it allows users +to circumvent a technological measure that effectively controls access to copyrighted works by +facilitating the unauthorized conversion of songs streamed via Xbox Music into DRM-free MP3s +that can be easily shared online. See id. § 1201(a)(2)(A). In addition, the webpage at the above +URL markets this code for the express purpose of such circumvention in violation of +Section 1201(a)(2)(C), advertising it as a “Free music downloader powered by Xbox Music, VK +and Soundcloud. (Windows Phone/PC 8.1).” See id. § 1201(a)(2)(C). By continuing to make +this material available to users, GitHub is subject to the remedies provided in 17 U.S.C. § 1203. + +In response to your question about the resulting injury to Microsoft, Xbox Music is a +commercial music streaming service offered by Microsoft on Windows 8, Xbox, iOS, Android, +and over the web. (For further information, please see http://www.xbox.com/music.) As part of +Microsoft’s agreements with the copyright owners of the songs included in the service, Microsoft +has both authorization from and an obligation to those copyright owners to control access to their GitHub +works by employing an effective DRM system. Microsoft is thus injured by the code currently +available on GitHub in that it jeopardizes Microsoft’s ability to honor its commitments to its +Xbox Music partners and more generally threatens Microsoft’s significant investment in the +Xbox Music service. + +Finally, please note that the notice requirements set out in Section 512(c)(3) of the +DMCA are not applicable to notifications regarding violations of Section 1201. Nonetheless, in +the interests of securing GitHub’s prompt action, I confirm upon penalty of perjury that the +information in this notification is accurate; that I am authorized to act on behalf of Microsoft in +this matter; and that I have a good-faith belief that none of the above-identified materials or +activities posted on GitHub have been authorized by Microsoft, its agents, or the law. + +Microsoft once again renews its request that GitHub remove access to the material +described above and thereby prevent its further unlawful distribution. + +Very truly yours, + +[private]