Shopify Files Fresh Lawsuit over DMCA Takedown Harassment

At the peak of the online shopping season, Canadian e-commerce giant Shopify filed a new lawsuit to take a stand against DMCA abuse. The company filed a complaint at a Florida federal court, accusing an Orlando resident of filing dozens of false takedown notices, allegedly to advance their own commercial interests.

From: TF, for the latest news on copyright battles, piracy and more.

shopifySigned into law a quarter century ago, the Digital Millenium Copyright Act (DMCA) aimed to equip copyright holders with new tools to protect their works online.

A key element of the law requires online service providers to remove or disable access to infringing content in response to a takedown notice.

The system isn’t bulletproof. Rightsholders repeatedly complain that their content swiftly resurfaces after it’s removed. At the same time, the takedown process is abused by bad actors to censor or remove material in bad faith.

Shopify DMCA Harassment

DMCA abuse is nothing new, but it’s rare for online platforms to take public action against it, let alone take the matter to court. In an attempt to protect its vendors, e-commerce giant Shopify is one of the rare exceptions.

Last month, we reported that Shopify had filed a lawsuit against a “John Doe” who used DMCA takedown notices to remove listings from third-party stores. According to Shopify, the senders of these takedown requests did so without owning the rights.

This alleged scammer isn’t the only one wreaking havoc on the platform. A few days ago, Shopify filed a fresh DMCA abuse complaint at a Florida federal court. This time, the e-commerce platform has a named target; Orlando resident Amir Mokrian, a.k.a Clayton Burnz.

“Defendant Mokrian has repeatedly harassed, and continues to harass, Shopify merchants and Shopify itself through knowingly false allegations of copyright infringement. This lawsuit seeks to halt that misconduct and hold him accountable for the damage he has caused,” Shopify writes.

dmca

Dozens of False DMCA Notices

Shopify informs the court that it takes copyright infringement very seriously. The company receives thousands of notices each month and regularly removes shop listings deemed to be infringing. If a store owner is repeatedly targeted, they’re at risk of having their store closed completely.

The e-commerce platform relies on a mix of both human and automated reviews to process DMCA takedowns. This works well in most cases but the process is not bulletproof, as this lawsuit exemplifies.

Using several aliases including “Clayton Burnz”, Defendant Mokrian allegedly sent dozens of DMCA takedown notices to Shopify containing false claims. These requests targeted stores selling snore-reducing mouthguards and footwear insoles over alleged copyright infringement.

However, according to Shopify, these notices were littered with false information. They didn’t include any legitimate copyright complaints but were merely intended to harm other merchants.

Taking Out Competitors

The reason for this behavior is obvious; according to Shopify, Mokrian was running competing stores. By taking out the competition, interest in their own products should rise.

“It is plain that Mokrian submitted his fraudulent DMCA takedown notices for anti-competitive purposes. TeraNue—one of Mokrian’s stores on Shopify—sells snore-reducing mouthguards. Through his takedown notices, Mokrian targeted the same or similar mouthguard products sold by competing merchants,” Shopify informs the court.

“X-Care—another Mokrian store on Shopify—sells foot insoles, the same type of product sold by Rizzsoles.com, a Shopify merchant Mokrian targeted with his false notices. Mokrian used takedown notices not in an effort to root out copyright infringement, but in an effort to root out competition.”

One of Mokrian’s stores

teranue

Shopify ended up removing 38 competing products based on these false takedown claims. While these decisions were ultimately reversed, serious harm was done to both the affected shops and the platform itself.

The complaint notes that Shopify was financially impacted by the abuse. The company spent tens of thousands of dollars in personnel time and resources to address the issue. In addition, its goodwill was seriously harmed.

Through the lawsuit, Shopify hopes to be compensated for its losses. In addition, the company asks the Florida court for an injunction against the Orlando resident, prohibiting them from sending any fraudulent DMCA notices going forward.

A copy of the complaint Shopify filed at the U.S. District Court for the Middle District of Florida is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

Car dealers say they can’t sell EVs, tell Biden to slow their rollout

The US already lags far behind China and Europe, but we’re going too fast, dealers say.

Car dealers say they can’t sell EVs, tell Biden to slow their rollout

Enlarge (credit: Aurich Lawson | Getty Images)

Pity the poor car dealers. After making record profits in the wake of the pandemic and the collapse of just-in-time inventory chains, they're now complaining that selling electric vehicles is too hard. Almost 4,000 dealers from around the United States have sent an open letter to President Joe Biden calling for the government to slow down its plan to increase EV adoption between now and 2032.

Despite our robust economy, the US trails both Europe and China in terms of EV adoption. More and more car buyers are opting to go fully electric each year, although even a record 2023 will fail to see EV uptake reach double-digit percentages.

Mindful of the fact that transportation accounts for the largest segment of US carbon emissions and that our car-centric society encourages driving, the US Department of Energy published a proposed rule in April that would alter the way the government calculates each automaker's corporate average fuel efficiency. If adopted, the new rule would require OEMs to sell many more EVs to avoid large fines. This is in addition to an earlier goal from the White House that calls for one in two new cars sold in 2030 to be EVs.

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Amazon packages reportedly overwhelm small post offices, delaying other mail

USPS “agreement with Amazon is interfering with timely deliveries,” senator says.

A large pile of Amazon boxes inside a postal service building.

Enlarge / Amazon boxes sit at a United States Postal Service facility in Fairfax, Virginia, on Tuesday, May 19, 2020. (credit: Getty Images | Bloomberg)

Amazon packages are overwhelming mail carriers in Minnesota, causing delays of other mail, according to news reports and complaints from a US senator. Amazon packages are being prioritized ahead of non-Amazon mail, postal workers have said.

Similar complaints have been made elsewhere, but reports suggest the problems are particularly severe in Bemidji, Minnesota, where carriers recently held early morning protests before their shifts began. A Bemidji Pioneer article on November 15 said that "rural mail carriers stood outside of the Bemidji Post Office before sunrise Monday and Tuesday carrying signs and protesting what they describe as unsustainable working conditions and the prioritization of Amazon deliveries over actual mail."

The US Postal Service has been delivering Amazon packages for years, but this month's protest reportedly came in response to local implementation of a new agreement with Amazon at the beginning of November.

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One Netbook launches ONEXGPU graphics dock with Radeon RX 7600M XT, USB4, Oculink and an M.2 slot for $599 (crowdfunding)

The ONEXGPU is a compact graphics dock that lets you add an AMD Radeon RX 7600M XT discrete GPU to a handheld, laptop, or desktop computer via a USB4 or Oculink port. First unveiled in October, the ONEXGPU should begin shipping in December and it&#821…

The ONEXGPU is a compact graphics dock that lets you add an AMD Radeon RX 7600M XT discrete GPU to a handheld, laptop, or desktop computer via a USB4 or Oculink port. First unveiled in October, the ONEXGPU should begin shipping in December and it’s up for pre-order for $599 through an Indiegogo crowdfunding campaign. […]

The post One Netbook launches ONEXGPU graphics dock with Radeon RX 7600M XT, USB4, Oculink and an M.2 slot for $599 (crowdfunding) appeared first on Liliputing.

Google Drive users say Google lost their files; Google is investigating

Google tells users to not delete local Drive profile data while it investigates.

Google Drive users say Google lost their files; Google is investigating

Enlarge (credit: Google Drive)

Did Google Drive lose some people's data? That's the question swirling around the Internet right now as Google announces it's investigating "sync issues" for Google Drive for desktop. On Monday The Register spotted a trending post on the Google Drive forums where a user claimed that months of Drive data suddenly disappeared, and their files went back to a state from May 2023. A few other users chimed in with the same issue, the worst of which says: "This is going to cause me major issues if I cannot get the files back. It's all my work for the last 1-2 years. All my business work, all my personal files. Everything, just vanished. It must be 100's of files suddenly gone."

Google has a post up on the Google Drive help forums more or less acknowledging the issue. The post, titled "Drive for desktop (v84.0.0.0 - 84.0.4.0) Sync Issue," says, "We’re investigating reports of an issue impacting a limited subset of Drive for desktop users and will follow up with more updates." Google adds an ominous list of things to not do in the meantime like:

  • Do not click “Disconnect account” within Drive for desktop
  • Do not delete or move the app data folder:
    • Windows: %USERPROFILE%\AppData\Local\Google\DriveFS
    • macOS: ~/Library/Application Support/Google/DriveFS 
  • Optional: If you have room on your hard drive, we recommend making a copy of the app data folder.

Those instructions sound like they are aimed at preserving whatever possible file cache would exist on your computer. The description of this being a "sync" issue doesn't really make a ton of sense, since no matter what, the Drive web interface should show all your files and let you download them. If the problem is uploading, you should still have your local files.

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Baldur’s Gate 3 bug caused by game’s endless mulling of evil deeds

“Unnoticed and eternally active acts of theft and violence” to be fixed soon.

Baldur's Gate 3 character Gale staring mournfully at the camera

Enlarge / Conscience do cost, as a certain fictional denizen of Baltimore's East Side once said. (credit: Larian Studios)

One of the best things about playing Baldur's Gate 3 (BG3) is the way that it simulates the feeling of having an actual Dungeon Master overseeing your session. The second-person narration, the dice rolls, and even the willingness to say "Yes" to your quirkiest ideas all add to the impression that there's some conscious intelligence on the other side.

But consciousness can sometimes be a curse, and a recent patch to BG3 introduce burdensome complexity into the game's thinking. Essentially, the game was suffering from lag and slowdowns as players progressed because the game's decision engine couldn't stop assessing previous instances where a party member had gotten away with theft, murder, or other nefarious deeds.

The performance issues have affected some players ever since Patch 4, released on Nov. 2 with more than 1,000 changes. One of those changes was a seemingly small-scope, situational bit: "Scrying Eyes in Moonrise Towers will now only react to theft and vandalism if they see the crime being committed." The floating orbs in that area were, apparently, ignoring players' best attempts at sneaking, invisibility, or other cover-ups.

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