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Ian Rampage

The DMCA was supposed to protect IP - not quell free speech.


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From: IRamage@OMM.com
Subject: RE: [URGENT] Illegal Dissemination of Circumvention Technology -- Immediate Action Requested
Date: November 13, 2008 1:50:54 PM EST
To: sam - at - odioworks.com

Per our conversation, the three webpages that I have identified that violate the DMCA are the following:
http://www.bluwiki.com/go/Itunes_obfuscation
http://bluwiki.com/go/Ipodhash
http://www.bluwiki.com/go/IPodHash_Test_Data_Contribution

If there are others related to circumventing Apple's FairPlay technology and/or the iPod/iPhone anti-circumvention measures, those need to come down as well.

I look forward to your prompt response.

Sincerely,
Ian Ramage

-----Original Message-----
From: Ramage, Ian
Sent: Tuesday, November 11, 2008 11:50 AM
To: 'sam - at - odio.com'
Cc: contact - at - odioworks.com
Subject: RE: [URGENT] Illegal Dissemination of Circumvention Technology -- Immediate Action Requested
Importance: High

Mr. Odio:

You must disable the below page immediately, as well as http://www.bluwiki.com/go/Itunes_obfuscation for the same reason. Failure to do so will result in legal liability. If you are represented by counsel, please provide me with their identity.

-----Original Message-----
From: Ramage, Ian
Sent: Monday, November 10, 2008 3:02 PM
To: sam - at - odio.com
Subject: [URGENT] Illegal Dissemination of Circumvention Technology -- Immediate Action Requested
Importance: High

Sam Odio
14525 SW Millikan #39248
Beaverton, OR 97005-2343

Mr. Odio:

We represent Apple Inc. ('Apple'). It has come to our attention that a website you operate, www.bluwiki.com, is disseminating information designed to circumvent Apple's FairPlay digital rights management system. This information is available at http://bluwiki.com/go/Ipodhash.

FairPlay is considered anti-circumvention technology under the Digital Millennium Copyright Act. The DMCA explicitly prohibits the dissemination of information that can be used to circumvent such technology.

Apple therefore requests that you immediately disable the thread at http://bluwiki.com/go/Ipodhash. Please notify me by reply e-mail once you have done so, and feel free to contact me if you have any questions.

Sincerely,

/s/ Ian Ramage

Ian Ramage
O'Melveny & Myers LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Phone: 415.984.8700
Fax: 415.984.8701
IRamage@OMM.com

DMCA Certification: I hereby state, under penalty of perjury, that I have a good faith belief that the activities identified above are not authorized by Apple, that the information in this notification is accurate, and that I am authorized to act on behalf of Apple in this regard.

Update: BluWiki have now with the help of the EFF on 27 April 2009 filed suit against Apple in this matter. See below.

See Also
EFF: Apple Confuse Speech with DMCA
PC World (Robert McMillan): Apple Sued After Pressuring Open Source iTunes Project

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