MiiVi Admit They Will Report Pirates to ‘Proper Authorities’
Written by enigmax on September 18, 2007Buried away in the leaked MediaDefender emails is the End User License Agreement for MiiVi. Like most EULAs it’s long and boring but this one has a sting in its tail. If MediaDefender catch you engaging in copyright infringement with the MiiVi app, they state in black and white that they will report you to the relevant authorities.
According to Wikipedia, a EULA or ‘End User License Agreement’ is a software license agreement which ‘indicates the terms under which an end-user may utilize the licensed software’.
The EULA usually comes either in paper form (with some software, game etc )and can be recognized as a booklet with tiny dense type with mostly legal terms only lawyers understand, or the digital type that appears when you install some software. Most PC users will be familiar with the box where you have to select ‘Yes’ or ‘No’ to declare that you have read the mountains of legalese, understood it and are prepared to adhere to the rules.
It can be presumed that most people who are presented with EULAs don’t read them and it’s a safe bet that the people who installed MiiVi didn’t read its EULA either. Some may have - but most eyes would’ve glazed over after the first paragraph:
Miivi desktop application - License Agreement & Terms of Use
THIS VERSION OF MIIVI SOFTWARE AND ANY OTHER RELATED SOFTWARE, UPGRADES OR UPDATES AND ALL RELATED SERVICES (THE “PRODUCT”), ARE LICENSED TO YOU BY MIIVI INC. (”MIIVI”) SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT & TERMS OF USE (THE “AGREEMENT”).
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY CHECKING THE “I HAVE READ AND I ACCEPT THE MIIVI SOFTWARE LICENSE AGREEMENT & TERMS OF USE” CHECK BOX, OR BY INSTALLING OR USING THIS PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS/USE THE PRODUCT, DO NOT INSTALL OR USE THE PRODUCT AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.
Boring….but not if you skip through a little to a section in the ‘User Conduct’ section:
User Conduct. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Product, and your use thereto. You agree not to use, endorse, or in any other way allow use of the Product to:
[edited to remove non-relevant section]
(d) copy, reproduce, store, transmit, post, submit, publicly display or manage any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent or right of publicity;
In itself, this section is no big deal. After the ‘Grokster Decision‘, anyone getting involved with the marketing of media distribution software needs to be very careful that they are not seen to be encouraging piracy.
However, it’s a part of the ‘Measures and Enforcement’ section (in conjunction with the above) which grabs the attention:
Your failure to comply with any of the provisions mentioned under the User Conduct section or any other provision of this Agreement, automatically nullifies any obligation Miivi may have to contact you or provide you with any notice required by this Agreement or by law. You hereby agree, that if Miivi believes, in its own discretion, that you directly may be connected with such activities, Miivi may be required to disclose such a conduct and the suspected infringing user’s (i.e., your) Data or Information to the proper authorities.
So in it’s own words, if MiiVi believes ‘in its own discretion’ that a MiiVi user infringed copyrights of a third party - a civil offense even in the copyright-tough United States - the company would take it upon themselves to seek out the copyright holder and provide them with the MiiVi user’s information, presumably so that action could be taken against them. The fact that MiiVi would’ve been able to monitor for copyright infringements at all would be quite a surprise to the majority of its users. The rest would understand it would be easy - if an anti-piracy company was running the project.
Although there still appears to be no hard evidence that entrapping pirates was the sole purpose of the project, the fact that MiiVi is presenting itself as the copyright equivalent of judge-and-jury does not sit well.
If the wording said that MiiVi would take action if required by law (such as with a DMCA take-down request) it would be an irritant, but would probably be accepted as a necessary evil. However, this pro-active stance where one is reported to ‘proper authorities’ at the discretion of an unconnected 3rd party (over a civil issue), is something else entirely. Holding private data is a very serious business, so much so that handing over such information to a 3rd party in the UK and EU would probably constitute a criminal breach of data protection laws.
Finally, a statement in the EULA that is likely to raise a wry smile or two:
…..You agree not to use, endorse, or in any other way allow use of the Product to:
[edited to remove non-relevant section]
(b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
It seems that EULAs might be worth reading after all.
Previously: Record Labels Use Piracy Data to Please Fans
Next: TorrentPod Episode 45
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HAHAHA
MiiVi is a prime example of why you don’t use services unless they stand the test of time.
I never go to a site to download things unless they have been in operation for a long time and have gathered a good rep by generally everyone.
I think this will go right into the internet-vocabulary.
“Dude, that site is a total miivi.”
i bet Octavio sings a lower tune now eh?
[quote comment="168192"]“Dude, that site is a total miivi.”[/quote]Héhé good stuff :D
[quote]handing over such information to a 3rd party in the UK and EU would probably constitute a criminal breach of data protection laws.[/quote]This would constitute WITHOUT A DOUBT a criminal breach of data protection laws!
Kill err.. Jail them already!!1 :
I like how these guys are now sending out Cease and Desist letters from, like, a Yahoo.com account, complete with an ad from Ford or Coke at the bottom.
They’re apparently so hardcore that they can get a free email account now. Yay MediaDefender!
Next, perhaps they can send a drawing of the cease and desist letter done in MS paint. And hosted on Geocities.
Or perhaps they can mimeograph it and then Western Union it for the win.
The funmail C&D was a joke.Anyone can register any account name at yahoo.com and send C&D letters :>
[quote comment="168181"]MiiVi is a prime example of why you don’t use services unless they stand the test of time.
[/quote]
I think you need to study some history, in particular look for the story of ‘The Board’ back in Chicago.
Just because something has been around to ’stand the test of time’ doesn’t mean shit. All it means is they have the goods on a TON of people.
The moral here is don’t be a dewb. In Amerika and most of the rest of the world, Copyright laws have been perverted from intending to encourage people to share to protecting the interests of Corporations. If you’re going to join up with something that is overtly illegal, be prepared to do the time for your crime.
> Copyright laws have been perverted from intending to encourage people to share to protecting the interests of Corporations.
Uh, no…
You’re thinking patent law. Copyright law was specifically intended to prevent people from copying (i.e. sharing without transferring ownership of the original physical medium). It was meant to give the artist a monopoly for a time long enough for her recoup the costs of being an artist. However, it has been perverted by corporations so that the time has been extended to ridiculous lengths allowing them to make huge profits that cover not only the artists’ expenses but those of hundreds of corporate lackys and irrelevant middle-men.
[quote]Holding private data is a very serious business, so much so that handing over such information to a 3rd party in the UK and EU would probably constitute a criminal breach of data protection laws.[/quote]
In the UK it would only be an offence if the user didn’t agree to such use, but by accepting the EULA they’ve agreed for their data to be used like that. I don’t know about the rest of the EU.
Thanks for the comment. It’s also worth noting that it’s a criminal breach if a company uses your data in a manner other than was originally intended. The pro-active reporting of alleged infringers to 3rd parties would presumably be covered by that.
Can you say TROJAN?
#10 post said:
However, it has been perverted by corporations so that the time has been extended to ridiculous lengths allowing them to make huge profits that cover not only the artists’ expenses but those of hundreds of corporate lackys and irrelevant middle-men.
Isn’t that what the person with the #9 post just said?? U.S. Copyright Law has been subverted to suit the outdated business models and otherwise pad the bottom line of giant corporations at the expense of technological innovation and overall creativity.
thanks to the poster! i have seen multiple files with a miiVi.org tracker. (not exact, but something like that). could this mean that you now need to check the tracker addresses?
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