Six Apart Censors My Blog in Response to Fake Michael Crook DMCA Takedown Notice

Six Apart has agreed to censor my blog in response to a fake DMCA takedown notice.

Just to follow up here, the legal advice we have received is that for the next 10 business days, the disputed content does need to be removed from public access. If at the end of this period, we have not received the specified legal filing from Mr. Crook, then access to the material can be restored at that time. We apologize for the need to do this, and for any incorrect or confusing information we may have provided in the past, but we will need to ask you to remove the disputed files from public access for the next 10 business days. If you are not able to do this by the end of the day on Monday, December 11, we will need to delete the disputed files.

First. Let me say that I’m a big fan of Six Apart. I’m not trying to cause them any hassle. I’ve been a loyal customer since they launched Typepad. Heck. They even acquired my last company (Rojo) so here’s yet another reason to like them. Even the people who work there are super nice!

In this situation though I think they’re dead wrong.

I’m not sure if you’ve been following the situation but this guy has been harassing bloggers left and right.

There’s also a pending EFF case where they’re suing the guy. So when I posted about the futility of sending off a DMCA notice I figured the whole thing would just blow over.

Wrong. The guy just isn’t rational. He’s an insane Internet bully Holocaust denier who thinks the troops in Iraq all deserve to die because they’re getting paid too much (not making this stuff up folks).

He’s sent me a few private emails. Threats to come to my house and and how I have to comply to the DMCA cause I’m “in his jurisdiction.” Not going to happen.

Here’s a fun little quote:

You are an arrogant piece of s*it.  You can file a counterclaim, but the material will stay down for 14 days, which will give me time to justify having my lawyer file papers in federal court to sue you’re *ss. That process will delay the return of the material, as an injunction is easy to get.

First. This isn’t his content. He doesn’t hold copyright here. Fox News does. Second. He’s clearly perjuring himself.

In order to send in a counter-notification letter I have to include my name, telephone number, and address. Essentially, he can take down any Typepad blog for 14 days and get their name, address, and phone number just by sending Six Apart a fake DMCA.

Six Apart should take a stand on behalf of their customers. If Laughing Squid can do it then so should Six Apart. In this case it’s just good business. They’re on the right side of the law. This guy is perjuring himself.

This system is broken people.

Update:

I was going to send this directly to Six Apart so that they can respond. My power ran out unfortunately and I wasn’t able to send it. If there’s a delay in their response it’s certainly my fault.

This might just be a case of Six Apart’s lawyer being extra conservative which is certainly the default behavior for lawyers.

I just talked to WordPress and the have no problem hosting to images and ignoring fake DMCA takedown notices so I’m going to start a new blog over there as well.

Update 2:

Great. Looks like Six Apart is going to do the right thing here.

This hit them at the wrong time now since they’re all at Les Web in France.

Long story short. The image will probably go back online tomorrow (it’s offline now) and they’re going to try to keep a heads up for this kind of stuff in the future.

Seems like a victory for free speech!


  1. I would just keep posting it everywhere, this guy is going to end up getting in trouble for each and every fake notice he sends. Each will be another count. I say we make him send out a million so his crazy ass is locked up for good. This is harrasment.

  2. Check out our “F*ck the DMCA” (minus the * and insert a ‘u’) line at Offensively Binary:

    http://www.cafepress.com/offbinary/2005552

    We also have “F*ck the RIAA”, “F*uck the DRM”, and a whole assorted list of offensive things spelled out in binary code.

    Damn the man!

  3. The DMCA is only in the US of A. What if the content he objects to is outside the US, ie hosted on computers in a foreign country?

    I know that is why the internet gambling sites have there servers offshore and likely a holding company too, with just subcontractors or subsidiaries working in Canada or the US…

    This whole situation just makes me sad.

    Why cause so many problems for other people? No one forced him to go on TV or make all these hurtful statements.

  4. Yeah!! The world is better now. Congratulations and thank you!






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