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Conference DEFCON 17. "This is a wonderful time when I was accused of damages of 2 billion dollars." Jason scott

My name is Jason Scott and I want to tell you a terrific story, as I was accused of $ 2 billion in damage, and even a little more. This is not a bike, but a real story that happened to me.



I created textfiles.com, an archive of computer history. It looks very simple - I copied the style of the old Bulletin Board System (BBS) bulletin boards on which various documents are posted. I began collecting BBS in my youth, and published them on the Internet in 1998, when I collected a really huge collection. My project gained popularity and people began to send me very old BBS. Now I want to ask how many people know about computer bulletin boards?

Great, otherwise I was nervous that you might not understand what was going on at all. So, people began to send me artifacts of that time, including sound ads, and not just text files, and I translated them into audio format. I scanned and digitized text ads, I received a lot of additions, in which there was music from the 80s-90s, and texts that I posted in the .pdf format. The amount of my online data reached a terabyte, and I provided it to anyone I could, completely free of charge, including programs on CD images. If you remember, at that time the maximum volume of such a disk did not exceed 640 MB, and some programs or games were running on several such disks. With the advent of a larger format, people began to extract files from them and place the contents of several CDs on one larger disc. Such people came to my site, downloaded BBS data from there, burned them to DVD and sold for $ 15.
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Once I even had to rent a truck in order to take out a whole bunch of materials with programs that were in the archives of one organization. They gave me all their materials about IT-technologies, which included old computer magazines, disks, books. Then I had to scan all these materials in order to translate them into .pdf format and place on my website textfiles.com.

I really like this activity, I like to create terabytes of computer information, study the history of computers and share my archives with everyone who wishes. This helps many people, for example, children who study computer science at the college. People often thank me for what I do for them.

When you work with textfiles.com, you get a lot of letters. Different people write me letters, including lawyers. I receive letters from both kind and angry people, and I care about whether their anger is justified or not. Once I received a letter from the law firm Oblon, Spivak, McClelland, Maier & Neustadt, it was written by a good man named Robert Bren.



The title stated that this letter was written about the claim of some CRBard Inc. and BCR, Inc. to Textfiles.org in connection with the violation of the rights to the BARDEX trademark, and a reference was made to the corresponding outgoing number of the previous letter of this agency.

Since it was an official letter, his headline meant something to me like: “we don’t like something in your site, so fix it.”

And then followed the text of the letter, I will bring it in full:

“We have not received a response from you regarding the illegal use of the BARDEX brand, which occurred when several stories were published at protovision.textfiles.com/sex/EROTICA . In particular, the illegal use of the name BARDEX took place in the stories “Interesting Saturday Night, Part 5, Last Day of Laurie” and in “The History of Pamela”.

As explained earlier, the registered federal trademark BARDEX is owned exclusively by RCBard, a manufacturer of medical instruments, namely, urological catheters, which are used exclusively for medical reasons. Using the brand name of our client’s equipment as an enema name in fiction-erotic stories looks like a distortion of the BARDEX brand’s purpose, which violates existing legislation.

In accordance with the above, we require that you correct the text of the stories relating to the enema tip, enema reservoir, enema canister and other derivatives of these terms, and stop using the BARDEX trademark. ”

There are about 7000 erotic stories on my site, and I cannot read them all, but apparently, someone took it seriously. The moral of this letter was to not insert a urological catheter into the ass, but the law that I allegedly violated was also affected. By the way, the next day I looked at their medical equipment site and saw an advertisement that seemed to me like real erotic fiction. Agree that this guy in the center looks pretty erotic.



So, I was accused of violating Lanham's law, it is called the “US Trademark Law” and is related to the basic laws in the field of intellectual property protection.

Its essence is as follows. Let's say you place your trademark on a barrel of rum, and someone takes this rum, adds all kinds of muck there and sells it. And when a person who tries a diluted product, says: "Your rum is rare muck"! He denigrates the original brand of rum. Thus, any mention of any trademark or name in any context can be interpreted as a violation of the law of Lehem.

I have a text on my site that describes how to make a bomb using a household cleaner. Imagine that the manufacturer of this chemistry got angry and began to ask: “don't call your bomb the name of my cleaner”!

Another example - let's say, a certain woman used a Coca-Cola bottle to fulfill her sexual desires. Can you say that she thereby defamed the Coca-Cola trademark, using the shape of its bottle for other purposes? In the case of a BARDEX catheter and an enema from erotic stories, we have a completely similar situation.

Font development companies sent me piles of angry letters in which they wrote that software downloaded from my site by speculators and then sold for $ 15 on eBay is not compatible with Windows fonts. Well, throw it to hell, because first you sell 1000 copies of free software for money, and then complain that it does not work! They also wrote to me that back in 1983 they rashly told their story to Californian BBS, and now it has become available to everyone on my site. I had 10 million archived topics for 4chan for 5 years, and there were people who asked me not to share them until better times, so that some idiot like me would read them no earlier than 20 years later.

But sometimes I received letters through traditional mail, in envelopes, and people often wanted me to just learn something interesting.

I treated such letters with caution, because in a world where you can be accused of improper use of equipment for an enema, you may inadvertently commit anything illegal. Once I received a letter with a sticker: “Proof. Do not destroy "! As if from some kind of lawsuit.



The letter's author was Paul Andrew Mitchell. It was a real psycho, and he bombarded me with letters, and on each envelope there was a LEGAL MAIL stamp - “LEGAL MAIL”, as if there was also illegal mail!



In his letter there was a paper called “Notification of a alleged violation,” where Paul Andrew Mitchell acted as the author and the injured party. Then followed the stupid “All rights reserved without prejudice” mark.

In his first letter, dated June 9, 1999, there was a list entitled “The Federal Zone. A copyright amnesty program ”, which Paul Andrew Mitchell, who calls himself“ the author of all publications ”, addressed to all readers and users of his book“ The Federal Zone: Hacking the Internal Income Code ”.

Appeal to the readers began with the words: "Dear neighbors"! I did not understand this at all. Further, the most sophisticated bureaucratic and legal language explained the essence of the claim, which could be summarized as follows:


I found out the details about this book.

The “federal zone” was sold on floppy disks in 1994-1995. At this point, I want to remind you of some funny interpretations of Supreme Court decisions, according to which the only places in the United States under the jurisdiction of federal laws are Washington County proper and some districts with federal status assigned to them. This means that much of the law, including tax legislation, is not valid in the rest of the territory. True, this does not mean that you can not pay taxes - try to do so, and then come to your bank, see what they tell you.

Let's continue about the book. On the last page of his letter, Paul Andrew Mitchell wrote that placing his book on my resource led to numerous violations of the copyright law of 1976, prohibiting any content modifications and distribution on the Internet without the consent of the author. He further referred to Lanham's law, according to which a violation of the above provisions requires compensation for damage to the injured party in 3-fold amount, and indicated that they had discovered more than two million cases of distribution of free copies.

It was unclear how they found it and where they took this figure from, but the letter ended with a demand to compensate him for the amount of damage determined by the following formula:
2,371,324 copies x $ 25 = $ 59,283,100



In short, I owed him $ 59 million for downloading his book from my site and possibly from several other resources. Naturally, he did not explain where he took such a number of downloads, since it is simply impossible to calculate.

I considered this letter a complete idiocy. It is impossible to prevent this from happening when you distribute on the Internet texts, images, voice messages, all this information, one way or another, concerns and affects someone’s interests. I talk about it all the time. As for this letter, I reacted to it like this: imagine at least some facts confirming your claim, and then contact us.

And then I get another notice from him that now I am accused of practicing racketeering, that is, extortion through threats and blackmail. Racket is what the mafia usually does. For example, you sell gasoline and do not pay tribute to them, and then the mafia burns your gas station. This guy thought that my site is an organization of racketeers, because I "stole" his book.

Did I steal his book? This is another question that I want to dwell on. After I received about 20 such letters over the course of two or three years after 1998, I sent a request to the Constitutional Foundation for Educational Research in California.

I want to note one more fact - letters came to me in the form of regular mail messages, that is, they were simply thrown into my mail box. These were not registered letters delivered against receipt. It was a regular mailing, when a person indicates the return mailing address on the envelope, and if the letter is not delivered to the addressee, it is returned to the sender. When you want to stop an annoying newsletter, simply move to another place and you will no longer receive bills and tax notices. But you can not write on the envelope return address, so that no one can use your information, and there are companies that deliver such mail to the addressee for a certain fee. This guy was well aware of all the intricacies of delivering letters, because he used the services of forwardind agents, or mail forwarders, delivering mail directly to the addressee.

In 2001, such a freight forwarder delivered me a letter from Lonnie J. Schmidt, the negotiation mediator, who sent similar letters to all participants in the Mitchell v. AOL Time Worner Inc. case.

The letter offered to settle all misunderstandings for only $ 25, that is, we were offered “a unique opportunity to acquire the rights to use a copy of the book” and buy off Mr. Mitchell. The letter also stated that Mr. Mitchell announced a fundraiser for a charitable organization, and your non-taxable donation would be regarded as a desire to pay back the damage caused to him. It turned out great - by paying this money, we supposedly helped the children.

You see, this man did really scary things. He completely terrorized people. He clothed his gangster demands in the form of legal documents. Because if you work, and value your work, and receive such a letter, where you are accused of violating the law and asking $ 25 to solve the problem peacefully, you will pay. Because you do not want to lose your job because of the prosecution and you will not understand the essence of the matter, all of a sudden you really broke something out of ignorance, and give your money to this extortionist.

At the end of the letter was attached a list of the largest debtors with the amount they owed him for the damage caused. It was already 97 million 112 thousand.



The letter also included the Miranda Rule, Miranda Warning, a legal requirement that the offender must be notified of his rights upon arrest, and the police officer who arrests him must receive a reply that the offender understood what was said. It was just awesome! I received the "Miranda Rule" in the mail, there is no more absurd situation!

So who the hell is this type? His name is Paul Andrew Mitchell, he is also known as Mitch Molesky. It is known that for some time he studied at the seminary, then he left her, he has a business education, and some other education, and we think that he is just insane. He believed that he was surrounded by a brutal crowd, everyone opposed him, including government organizations. In general, he decided to write a book about this, which he called the "Federal Zone", and posted it with a very transparent message - give me $ 25 if you want to use it. But objectively it was not used at all! This stuff was not needed by anyone. He received nothing at all and then decided to distribute it using the Internet. He has been doing this by sending letters since 1997.

At that time, the Internet was not yet so common, but in spite of this, he still posted his warning about the illegal use of free copies of the book on the Internet. And then he began to send angry letters to everyone, including the portal America On Line (AOL), which supposedly posted his book on their servers, because he had all the possibilities for that. He stated that AOL owed him money, and indicated 150 defendants, of whom 120 were unknown individuals. Now you know about this Field a little more.

And once a subpoena came to me - here is her photo on this slide. And on the envelope was the usual stamp LEGAL MAIL and the postscript “served”. I found myself served!



It was addressed to COWZ Technologies, a company that owns the CalNet network, where one of the Californian mirrors of my site textfiles.com is located. That is why the addressee indicated the COWZ, but in reality this letter is intended for me, this is my real address. Inside it contained a terrific enclosure of several dozen pages. Seeing him, I thought that for a long time I was provided with good reading material.





At the beginning of the letter there was a phrase that Mitchell began to “emit” all these documents in his own law firm, despite the fact that he had no legal education. He called it the firm of the Supreme Law, Supreme Low firm. Seeing this, I assumed that a certain website, supreme.low.com, had once published several free copies of his book, so this title is stuck in his head. The letter also was a subpoena for the California District Court.



It says here that this is a call for a civil case, and the real number of this case is given, and a real judge signed it!

And then I realized that because of the Internet, they really took me for one place.



All of this was arranged as a registered letter, with a receipt and a delivery receipt, in which he addressed himself to himself as a private attorney general. This document explains where it all came from.

There was a very specific, very rare situation, described in one case. If there is a district in which there is no Attorney General, then an individual may act on behalf of the government, but this is a very special case. And if a person dares to call himself in this case, the Attorney General, this means that he read civil law from the window of the car that is bringing in the past. But agree that the "private attorney general" sounds really scary! It's like Batman, who will chase you everywhere until he kicks your ass.

The reason why he chose to act from California was that from California you could just send a subpoena to a person. It was much cheaper. A bunch of sheets with all kinds of crazy information and absolutely insane warnings was attached to the letter. , .



I quote:

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, . ? ? , 30% entry-level , : VPS (KVM) E5-2650 v4 (6 Cores) 10GB DDR4 240GB SSD 1Gbps $20 ? ( RAID1 RAID10, 24 40GB DDR4).

Dell R730xd 2 ? 2 Intel Dodeca-Core Xeon E5-2650v4 128GB DDR4 6x480GB SSD 1Gbps 100 $249 ! . c Dell R730xd 5-2650 v4 9000 ?

Source: https://habr.com/ru/post/352554/


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