Last week I introduced you to Marc Randazza's investigation of fraud and extortion by "Is Anybody Down?" and imaginary lawyer "David Blade III", discussed how Craig Brittain, owner of "Is Anybody Down?", couldn't keep his story straight about whether Blade existed or who he is, and made a clearly pointless appeal to the humanity of Craig Brittain and his partner Chance Trahan.
Craig updated his "trolldown" blog with an attack on me, which featured the sort of at-length paean to sociopathy you'd get if you went to a Team Fortress forum, picked the user with the most scatalogical and racist username, withheld his medication for 48 hours, and asked him to explain his personal philosophy.
But that's not all. Craig also tried to get the three posts about him on Popehat taken down by sending a bogus DMCA takedown notice to our host, Dreamhost. I've been a little mad at Dreamhost recently because of some outages, but I'm very happy with their response to this, which gives me confidence they will handle it correctly. They've recognized that's the notice is defective and they're not requiring a counter-notice from me yet — though I'd enjoy writing one.
Here, without further ado, is Craig's notice. I've only changed it to remove his home address and phone number. Comments after.
Received: 2012-11-03 01:14:01 from Is Anybody Down
to DreamHost Abuse
November 3rd, 2012
Notification of Claimed Copyright Infringement (Digital Millennium Copyright Act, 17 U.S.C. § 512.)
To: Dreamhost.com/Abuse/Whom It May Concern Dear Sir or Madam, I, Craig R. Brittain, swear under penalty of perjury that I have been authorized to act as the non-exclusive agent for copyright infringement notifications for the undersigned parties (see
name(s) of copyright holder(s)). I have detected infringements of my accounts copyright interests on a website hosted by GoDaddy.com as detailed in the reports below.
1. Name(s) of copyright holder(s):
Craig R. Brittain/Is Anybody Down/isanybodydown.com/Chance Trahan/Kataishin.com/Trolldown.com/TakedownLawyer.com/TakedownHammer.com
2. Name of person authorized to act on behalf of copyright holder(s):
Craig R. Brittain
3. Identify the copyrighted work claimed to have been infringed:
4. Include a representative list of such works at that site:
Numerous text excerpts from various websites owned by Craig R.
Brittain/Chance Trahan as well as various pictures.
5. Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled:
The posts and images above contain personal information which is owned and copyrighted by its respective copyright owners and is damaging in nature and contains personal information in violation of copyright and numerous privacy laws and must be removed immediately.
6. Name of complaining party: Craig R. Brittain 7. Address: [omitted by Ken], Colorado Springs, Colorado, 80920 8. Phone: [omitted by Ken] 8. E- mail: firstname.lastname@example.org I hereby affirm, as the complaining party, that I believe in good faith that the use of the material in the manner complained of is not authorized by the copyright holder, its agent or the law.
I hereby affirm, under penalty of perjury, that the information contained in this notification is accurate, and that I am authorized to act on behalf of the holder of the exclusive right that I claim to be infringed.
Craig R. Brittain_____________________________
Signature of person authorized to act
Date: November 3rd, 2012, 2:10 AM MST______________________
The notice is patently ridiculous on any number of levels. Note, for instance, that Mr. Brittain is asserting copyright in a printout of his criminal record and in a correspondence between "David Blade" and Marc Randazza.
Note also that in his under-penalty-of-perjury statement Mr. Brittain avoids asserting explicitly that "David Blade" is a real person. That's probably prudent.
It's not going to work, Craig. Even if you catch some abuse official on a bad day and convince them to take a few posts down, 100 more will pop up talking about your sick campaign of fraud and extortion.