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Offline Andrey Ivashov  
#1 Posted : 05 February 2020 10:19:32(UTC)
Andrey Ivashov


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Received that e-mail from remedies@attributor.com.
What do you think about it? Should I do what they asked?

Quote:
*** Sent via Email - DMCA Notice of Copyright Infringement ***

Dear Sir/Madam,

I certify under penalty of perjury that I am an agent authorized to act on behalf of the owner of the intellectual property rights and that the information contained in this notice is accurate.

I have a good faith belief that the page or material listed below is not authorized by law for use by the individual(s) associated with the identified page listed below or their agents and therefore infringes the copyright owner's rights.

I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE OR MATERIAL CLAIMED TO BE INFRINGING.

This notice is sent pursuant to the Digital Millennium Copyright Act (DMCA), the European Union's Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions.

My contact information is as follows:

Organization name: Attributor Corporation as agent for the rights holders listed below
Email: counter-notice@attributor.com
Phone: +1-503-469-4800
Mailing address:
9405 SW Gemini Drive
Beaverton, OR 97008
US

My electronic signature follows:
Sincerely,
/Devon E. E. Weston/
Devon E. E. Weston
Attributor, Inc.

*** INFRINGING PAGE OR MATERIAL ***

Infringing page/material that I demand be disabled or removed in consideration of the above:


Rights Holder: American Society of Civil Engineers (ASCE)

Original Work: ASCE/SEI 7-10: Minimum Design Loads for Buildings and Other Structures

Infringing URL: https://en.smath.com/for...nd-Other-Structures.aspx
Offline mkraska  
#2 Posted : 05 February 2020 10:56:03(UTC)
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I'd not complain if your assessment of risk leads to removal of that material. I think the legal situation doesn't matter because in the end money decides who is right.
Martin Kraska

Pre-configured portable distribution of SMath Studio: https://en.smath.info/wi...th%20with%20Plugins.ashx
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on 06/02/2020(UTC)
Offline Razonar  
#3 Posted : 05 February 2020 13:41:37(UTC)
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Hi. For instance you can check https://community.ptc.co...tandard-7-93/td-p/450586

Best regards
Alvaro
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on 06/02/2020(UTC)
Offline Jean Giraud  
#4 Posted : 05 February 2020 19:24:01(UTC)
Jean Giraud


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Originally Posted by: Andrey Ivashov Go to Quoted Post
What do you think about it? Should I do what they asked?

IMHO => NO [ignore or reply]

Limitations and exceptions to copyright

Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement.[1] Like "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact of the market on the original work. The innovation of the fair use right in US law is that it applies to a list of purposes that is preceded by the opening clause "such as." This has allowed courts to apply it to technologies never envisioned in the original statute including to Internet search, the VCR, and the reverse engineering of software.
WIKIPEDIA
....................

Further:
1. Smath makes no $ of it
2. If it was found in the public domain Internet search, then public to all.

Cheers Andrey ... Jean


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on 06/02/2020(UTC)
Offline Davide Carpi  
#5 Posted : 05 February 2020 21:34:48(UTC)
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IDK but given the lack of details about exactly what parts of the documents are infringing the DMCA, my guess is that they didn't even tried to open the documents, it seems a standard bullying action from a shallow crawling. If there aren't screenshots and massive quotes (as it seems with a first survey from the Android app) I don't see many problems... Give back a pdf version and ask what exactly is breaking the rules. If anything, we can change the bad content and make the modified worksheets still available. Otherwise we can delete the files (I don't think would be a positive advertising campaign for them, however there's no lack of standards for design actions nowadays)
If you like my plugins please consider a donation to SMath Studio; for personal contributions to me: paypal.me/dcprojects
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Offline Jean Giraud  
#6 Posted : 07 February 2020 17:54:30(UTC)
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Thanks Davide ... well resumed.

On the other hand, if that stuff concerns Public, more: Public safety,
it de-facto must be traceable and by professional obligation, loop holes or possible
failure must be revealed. An equation/formula can not be patented.
A device that applies the formula can be patented.
I learned that [1990] from an International Patent Office.
My understanding is only about the maths/code of the complain.
We can surely "Brain Storm" that public matter and offer as such.

Cheers ... Jean
Offline Basile  
#7 Posted : 07 February 2020 22:26:57(UTC)
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Hello,
Let the author rewrite the paper.
Enter the text stated the problem and explaining the process and provide additional references to ASCE.
Remove the ASCE and chapter from the filename.
Basile
Offline Jouko  
#8 Posted : 08 February 2020 18:50:37(UTC)
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Interesting request. I had a look into couple of the sheets. If those have to be removed then there are not very many engineering programs that are legal. That includes what I have created. Programs are generally based on international standards... To use the calculation sheets user actually needs the standard. Author was kind enough to say where to look.

I am sure they never looked at. Thought it is a download for the standards.
Offline Jean Giraud  
#9 Posted : 10 February 2020 18:22:15(UTC)
Jean Giraud


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Originally Posted by: Jouko Go to Quoted Post
Author was kind enough to say where to look.

For the curiosity, do you have it as PDF public ?
Thanks in advance ... Jean

Offline Jouko  
#10 Posted : 10 February 2020 18:47:07(UTC)
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Originally Posted by: Jean Giraud Go to Quoted Post
Originally Posted by: Jouko Go to Quoted Post
Author was kind enough to say where to look.

For the curiosity, do you have it as PDF public ?
Thanks in advance ... Jean



If you mean ASCE - no. I do not work on that standard. I did check the calculation sheets and they have references. I have learned to do the same. Unfortunately I have not added the PDF page/formula number... in all cases Mad
Offline Jean Giraud  
#11 Posted : 10 February 2020 21:12:41(UTC)
Jean Giraud


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Originally Posted by: Jouko Go to Quoted Post
I have not added the PDF page/formula number... in all cases

I visited Chapter 11 ... abandoned, no maths to work with.
Looks like a dead horse ... like they say: bricks don't grow wings !
Cheers, thanks and all.
Offline NotRetiredYet  
#12 Posted : 10 February 2020 21:14:21(UTC)
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Long time lurker, first time poster....

I am a Civil Engineer in the United States and I use ASCE 7 from time-to-time. Most of my work is municipal infrastructure design (e.g. pipelines and pumping stations for water and sewer, etc.). I sometimes design small reinforced concrete and masonry structures for infrastructure projects, plus retaining walls, traffic slabs, sign post footings, etc. and that's where ASCE 7 comes in for me.

I downloaded four of the "offending" documents and found only a handful of cross-references to ASCE 7. I found no excerpts from ASCE 7 at all, so there is nothing in the documents that even rises to the level of Fair Use, let alone copyright infringement. When I reference ASCE 7 and other codes and standards in my calculations (many of which I submit to a jurisdiction for review), I include far more than the author of these worksheets did, sometimes including copies of a few pages.

I think Jouko is correct: "I am sure they never looked at. Thought it is a download for the standards."

Back to your original questions, Andrey. I suggest responding to this, rather than ignoring it. I did a quick Google search on Attributor Corp. and it appears that their business is copyright protection so I doubt they will drop this. You could ask Attributor to specifically point out where ASCE's copyright is being infringed (they would have to download SMath do that). However, I think the better approach is to be proactive: make PDFs of each document, send them to Attributor, and state flatly that these documenents contain nothing that infringes on anyone's copyright, including ASCE, and demand that they drop this matter.

Regarding Basile's suggestion that the author rewrite the paper, I suggest simply renaming the files to something that doesn't include "ASCE 7".

Offline Jean Giraud  
#13 Posted : 11 February 2020 03:12:48(UTC)
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Thanks, most re-comforting.
I have been in ISA [International Standard Atmosphere] for over 20 years.
Lately, NASA published from web image their altitude vs pressure.
My work refers to NASA, obviously ... why ?
@ normal ground 101.325 kPa, i.e: 0 m ... touching ground
their formulation gives + 6 m ... while they have touched the runway
... broken my old legs, stripped my pants.

Offline ElSid  
#14 Posted : 12 February 2020 22:49:24(UTC)
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I slightly disagree with NotRetiredYet and agree more with Jean.
There are many engineers on this and other "Maths" forums who constantly ask for collaboration on properly formating an equation per a standard ... in any country.
This is a patent troll who is looking only at the title (as others have mentioned)
Using ASCE in the file name gives reference to those of who use it, maybe rename to {descriptor} per {standard}. Essentially, they think that this file is a copy of the standard.

Have them tell you what is DCMA in the document so you can remove it. Most standards require "permission in writing" to use their pictures or "text". Again, as an engineer following fairuse and standard design practices, we tend to take snippets of important parts of the standard to properly convey the requirement for QA/QC purposes.

As a practicing and registered engineer, my QA/QC requires transparency and many times, the graphics/text in the standards are crystal clear for our purposes. We are not allowed to simply state ..." per ASCE 3.4.1, XXXX". My reviewers do not want to dig out the standard and I have to "spell it out/show them.
Offline Jean Giraud  
#15 Posted : 13 February 2020 01:02:27(UTC)
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Superb Elsid !
Simply quote the plug-in AS IS similar ASCE ...
Offline dhoskins  
#16 Posted : 18 February 2020 17:46:13(UTC)
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The article at the following link shows the idiocy of some of these automated DMCA take down requests:

https://torrentfreak.com...-you-from-google-200216/
Offline Jean Giraud  
#17 Posted : 18 February 2020 22:13:40(UTC)
Jean Giraud


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Originally Posted by: dhoskins Go to Quoted Post
The article at the following link shows the idiocy of some of these automated DMCA take down requests

Thanks for that good one.
Better not ask what was the sex of Gabriel [bio father of JC].
Like PTC, resigned the Mathsoft contract with Macrovision.
XP Pro. was not protected Macrovision still working.
XP Home Edition protected Macrovision... all zapped May 30 2015 15:00
The complete Mathcad including all extension packs was worth ~ 5000 $
Not enough => Web sites gone in the blue !
Money and knowledge down the drain.
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