Saturday, May 14, 2011

Twitter Help Center... Helps Whom?

I'm having a most unpleasant experience with Twitter. I think it is time to share it.
In my opinion, it is absolutely wrong that authors have to risk identity theft in order to protect their copyright, and that OSPs such as Twitter are able to ignore "red flags" with impunity.

On Sunday, May 8th, I received a Google Alert.

-----Original Message-----
From: Google Alerts <googlealerts-noreply@google.com>
Sent: Sun, May 8, 2011 8:13 pm
Subject: Google Alert - "Forced Mate"

Realtime1 new result for "Forced Mate"
NancyWrebb: Added new book - "Forced Mate Rowena Cherry"
Twitter - 20 hours ago
I checked out the innocuous-seeming link and discovered that this profile is a shill for one of the most notorious pirate sites on the web.

Nancy Wrebb
Added new book - "Forced Mate Rowena Cherry"

Nancy Wrebb

Nancy Wrebb

@NancyWrebb Madison, USA
A new library with daily updates. Literature in different directions, for every taste.

The link goes to wiredshelf.com and given the complaints freely available on the internet about the problems that would-be subscribers to this so-called "library" have had after giving these pirates their credit card info, I am not worried about sharing the link.

I've heard that there is malware attached to the downloads, too. This would not surprise me. No legal e-book version of Forced Mate by Rowena Cherry with the out of print Dorchester cover (girl) exists. Some pirate created it.

That same evening, May 8th, I sent a DMCA to Twitter. I used the online form that can be found with some difficulty on Twitter Twitter Help Center

This is the transcript that Twitter returned to me. I've redacted my info.

Rowena Cherry, May-08 07:31 pm (PDT):
Tell us about yourself: I am the copyright owner.
Your full name: Rowena Cherry
Job title: author
Email address: XXXXXXXXXXXXX
Street address: XXXXXXXXXXX
City: XXXXXXXXXXXX
State/Province:XXXXXXXXX
Postal code: XXXXXXXXX
Country: XXXXXXXXXXX
Phone number(optional): n/a
Fax number(optional): n/a
Description of original work: http://twitter.com/#!/NancyWrebb
NancyWrebb Nancy Wrebb
Added new book - "Forced Mate Rowena Cherry"
Reported Twitter account: NancyWrebb
Description of Infringement: I am the author of Forced Mate. NancyWrebb is directing Twitter users to wiredshelf.com which is a pirate site (Russian, I think) which posts illegal copies of copyrighted works without the permission of copyright owners, and ignores DMCA notices. wiredshelf.com has been infringing my copyright for months. Has ignored 4 takedown notices. Is allegedly a scam charging "subscriptions" then misusing credit card info. My copyrighted books are being published and distributed illegally.
Type of infringing material: n/a
Type of infringing material: n/a
Type of infringing material: Tweets
Specific Tweets: @NancyWrebb Nancy Wrebb
Added new book - "Forced Mate Rowena Cherry"
http://twitter.com/#!/NancyWrebb
512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.
Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.
Signature: Rowena Cherry
Anything else?(optional): In my opinion this NancyWrebb account does nothing but post book titles to encourage innocent Twitter users to click through to the scam/pirate site. This is not a legal library, and they do not have permission to profit from my works
Twitter responded to me on May 10th that I had not given them enough info.

phantasm, May-10 01:00 pm (PDT):
Hello,
We received your copyright complaint. However, additional information is required to make it an effective notification under the DMCA.


We have not been provided with sufficient information to locate the allegedly infringing material on Twitter. Please provide a detailed description of the copyrighted work that is claimed to be infringing and information reasonably sufficient to permit Twitter to locate the material on Twitter’s website or services.


If you are reporting the content of a Tweet, please give us a link to that Tweet following these instructions: http://support.twitter.com/articles/80586. Or please specify if the alleged infringement is in the background, avatar, etc.
NOTE: A LINK TO A PROFILE PAGE IS INSUFFICIENT.


We cannot process your request without a non-defective notice pursuant to the DMCA. In order to assist us in responding to your request, please submit a complete notice here: http://support.twitter.com/forms/dmca


Please be aware that under 17 U.S.C. 512(f), you may be liable for any damages, including costs and attorneys’ fees, incurred by us or our users if you knowingly materially misrepresent that material or activity is infringing.
Thank you,
phantasm
Twitter Trust & Safety


Twitter Trust and Safety! Now isn't that Orwellian?

I replied thus:
Hi, Twitter support,

I supplied the text of the tweet on May 8th. Everything you needed was properly supplied originally. You are giving me the run around. I am copying my lawyer.

What this USER has apparently done is boasted that she has added
MY BOOK to her illegal, subscription based, copyright infringing site.


NancyWrebb: Added new book - "Forced Mate Rowena Cherry"
Twitter - 20 hours ago

Specific Tweets: @NancyWrebb Nancy Wrebb
Added new book - "Forced Mate Rowena Cherry"
http://twitter.com/#!/NancyWrebb



Nancy Wrebb
Added new book - "Forced Mate Rowena Cherry"
8 May

The TWEET is copied here, and was copied originally. What more am I supposed to do?

Nancy's page takes visitor to
@NancyWrebb Madison, USA
A new library with daily updates. Literature in different directions, for every taste.
Bitly is http://bit.ly/iksyP
Which takes people to wiredshelf.com
http://wiredshelf.com/


Forced Mate is being illegally shared here
http://wiredshelf.com/search/?query=Forced+Mate&category=0&x=66&y=12


I think it is a very poor show for you to threaten an author whom your service is ripping off.

Sincerely,
Rowena Cherry

And subsequently, thus

Tue, May 10, 2011 4:26 pm

This is the timestamp.
Hope this helps. You should treat this complaint as a RED FLAG as defined by the DMCA, and take a look at the entire account.
Sincerely,
Rowena Cherry

And thus

Tue, May 10, 2011 4:27 pm
Twitter has not responded for three days.

I am now back on the Twitter site.
http://support.twitter.com/forms/dmca
I have added the following to my repeat DMCA
You may not find the Tweet "Added new book - "Forced Mate Rowena Cherry" objectionable in itself. You should look at the entire profile to comprehend what is going on here. Where was my book added? Why does this user post that she added my book? Look at the url at the top of her page. The live link goes to the Russian/Chinese pirate site wiredshelf.com which is no "library". Forced Mate by Rowena Cherry is not available as an ebook from anyone except myself. I have not sold a copy to these people, I have not signed any contract with any "library" for this book.
Nancy Wrebb
Nancy Wrebb
@NancyWrebb Madison, USA
A new library with daily updates. Literature in different directions, for every taste.
http://bit.ly/iksyP
By the way, Twitter likes to threaten and silence righteous copyright owners by warning them that
their personal information may be published on the hostile site run by EFF, "Chilling Effects" and also supplied to the pirates.
I understand that in order to process this notice, Twitter may provide third parties, such as Chilling Effects and the affected user, with a copy of this complaint. For more information see our Copyright Policy.
How is this not a threat that Twitter will cooperate with identity theft to punish whistle-blowers?

Amusingly, Twitter warns me

Security reminder: Unless specifically requested, do not include private information (address, phone) in this request. Never include your password.
The form cannot be submitted without private information.

Dear Twitter, I am reporting copyright infringement.

Please fill out all the fields below so we can review your report.

Here is what I know about wiredshelf (attached to my sixth DMCA)

Dear Sirs,

I write for the sixth time since April 5th to complain about copyright infringement of two of my novels on the site WIREDSHELF.COM. I have complained on online forms, including to privacyprotect.org which assigned my complaint low priority, pretended that the infringement was on "wired.com" instead of "wiredshelf.com" and closed my complaint without addressing it.

Wiredshelf.com appears to be a for-subscription site, which charges readers a fee for access to illegally uploaded, copyright infringing e-books, which are provided "free" to "subscribers" without the knowledge, consent, permission or any remuneration to copyright owners.

I recognize hundreds if not thousands of in-copyright works of romance fiction by friends and colleagues on this site.

My books are
http://www.wiredshelf.com/book/forced-mate-335114
http://www.wiredshelf.com/search/?query=Forced+Mate&category=0&x=48&y=19


http://www.wiredshelf.com/book/mating-net-334153

http://www.wiredshelf.com/search/?query=Mating+Net&category=0&x=27&y=14

Please scroll beyond the clarification of exactly who WIREDSHELF.COM is for a reiteration of my DMCA


Website Title:
Title Relevancy
0%
Visitors by Country:
Russian Federation Russian Federation 15.2%
United States United States 13.4%
India India 10.1%
Ukraine Ukraine 5.2%
Great Britain (UK) Great Britain (UK) 3.6%
Germany Germany 3.5%
Alexa Trend/Rank:
#44,894: for the last three months.
Compete Rank:
#40,958 with 46,170 Unique visitors per month
Quantcast Rank:
ICANN Registrar:
BIZCN.COM, INC.
Created:
2010-11-23
Expires:
2011-11-23
Updated:
2010-12-27
Name Server:
NS4.CNMSN.COM (has 4,572 domains)
Whois Server:
whois.bizcn.com
General TLDs:
WiredShelf.comwiredshelf.com whois (registered and active website)
WiredShelf.netwiredshelf.net whois (registered and active website)
WiredShelf.orgbuy wiredshelf.org (never registered before)
WiredShelf.bizbuy wiredshelf.biz (never registered before)
WiredShelf.infowiredshelf.info whois (registered and active website)
WiredShelf.usbuy wiredshelf.us (never registered before)

Whois Record

Reverse Whois:
"Privacy-Protect.cn" owns about597 other domains
Email Search:
is associated with about 606 domains
Registrar History:
NS History:
1 change on 2 unique name servers over 1 year.
IP History:
5 changes on 5 unique name servers over 1 years.
Whois History:
91 records have been archived since 2010-11-24 .
Dedicated Hosting:
wiredshelf.com is hosted on a dedicated server.
Log In or Create a FREE account to start monitoring this domain name
DomainTools for Windows®
Now you can access domain ownership records anytime, anywhere... right from your own desktop! Download Now>
Domain name: wiredshelf.com

Registrant Contact:
Privacy-Protect.cn
Henry Nguyen Gong
+33.0466583875 fax: +33.0466583875
Rue la produit 34
Nimes Languedoc-Roussillon 30189
fr

Administrative Contact:
Henry Nguyen Gong
+33.0466583875 fax: +33.0466583875
Rue la produit 34
Nimes Languedoc-Roussillon 30189
fr

Technical Contact:
Henry Nguyen Gong
+33.0466583875 fax: +33.0466583875
Rue la produit 34
Nimes Languedoc-Roussillon 30189
fr

Billing Contact:
Henry Nguyen Gong
+33.0466583875 fax: +33.0466583875
Rue la produit 34
Nimes Languedoc-Roussillon 30189
fr

DNS:
ns4.cnmsn.com

Created: 2010-11-23
Expires: 2011-11-23


Server Type:
nginx
ASN:
AS21098
IP Location:
Russian Federation - Russian Federation - Donekoservice Ltd
Response Code:
200
Domain Status:
Registered And Active Website

IP Information for 91.201.66.202

IP Location: Russian Federation Russian Federation Donekoservice Ltd
ASN: AS21098
IP Address: 91.201.66.202
Reverse IP: 1 website uses this address. (example: wiredshelf.com)
inetnum: 91.201.64.0 - 91.201.67.255
netname: Donekoserv
descr: DonEkoService Ltd
country: RU
org: ORG-DS41-RIPE
admin-c: HP2220-RIPE
tech-c: HP2220-RIPE
status: ASSIGNED PI
mnt-by: RIPE-NCC-END-MNT
mnt-by: MNT-DONECO
mnt-lower: RIPE-NCC-END-MNT
mnt-routes: MHOST-MNT
mnt-domains: MNT-DONECO
source: RIPE # Filtered

organisation: ORG-DS41-RIPE
org-name: DonEko Service
org-type: OTHER
address: novocherkassk, ul stremyannaya d.6
e-mail:
mnt-ref: MNT-DONECO
mnt-by: MNT-DONECO
source: RIPE # Filtered

person: Haralevich Piotr
address: novocherkassk, ul stremyannaya d.6
mnt-by: MNT-DONECO
phone: +74951000000
nic-hdl: HP2220-RIPE
source: RIPE # Filtered

route: 91.201.66.0/24
descr: Route to Mhost Data Center
origin: AS21098
mnt-by: MHOST-MNT
source: RIPE # Filtered

4 comments:

RowenaBCherry said...

Twitter has just sent me an auto response.

Hi,

This is an auto-confirmation that we have received your copyright report. Twitter will reply as soon as possible.

Copyright complaints concern the unauthorized distribution or republishing of material protected by copyright law. Here are some examples of possible copyright issues on Twitter:

1. A Twitter account publishing links to free downloads of copyright protected materials
2. A Twitter account using a copyright protected logo or image

If your report does not involve a copyright protected image that is being used as a Twitter account background or profile image, or Tweets containing links to unauthorized publication of copyright protected materials, most likely, it is not a Twitter copyright issue.

Many people confuse copyright with trademark. For information on reporting other possible Terms of Service violations, including possible trademark issues, please see this page: http://support.twitter.com/entries/15789

Thanks,
Twitter Trust & Safety

RowenaBCherry said...

This is an example of why the entire business is so circular.

I originally tried to report the entire profile, because of the url to wiredshelf at the top of the page.

Twitter demanded the Tweet that led to a copyright infringing link for my own work.

As far as I know, the only link on the site is the one I reported initially.

These pirates aren't stupid.

RowenaBCherry said...

Check out the fact that my CEASE AND DESIST reply shows up on the Tweet about my book... and still TWITTER ignores me

http://twitter.com/#!/NancyWrebb/status/67076726068494336

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