Omnimaga

Omnimaga => News => Topic started by: DJ Omnimaga on April 01, 2010, 12:21:55 am

Title: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 01, 2010, 12:21:55 am
Some of you have probably noticed that the website banner as well as certain forum images under certain skins went missing (unless your browser doesn't automatically update its cache regulary). This is the result of the following DMCA notice that was sent to us yesterday by Texas Instruments, for usage of their apparently copyrighted text fonts in our logo:

Quote
March 31st, 2010
To Kévin Ouellet

Object: Illegal Usage Of TI Copyrighted Fonts In Omnimaga Website Logo

It has come to our attention that the web site www.omnimaga.org, uses material that violate the anti-circumvention provisions of the Digital Millennium Copyright Act (“DMCA”).  This letter is to notify you, in accordance with the provisions of the DMCA, of these unlawful activities. Pursuant to the safe harbor provisions of the DMCA, we request that you remove any whole or partial reproductions of and/or disable links to the following:

The banner image URL http://www.omnimaga.org/Themes/omnimaga4/images/omnimagabanner2010.png
The banner image URL http://www.omnimaga.org/Themes/omnimaga4NoFixedBG/images/omnimagabanner2010.png
The banner image URL http://omnimaga.org/Themes/omnimaga4/images/omnilogo.gif
The banner image URL http://omnimaga.org/Themes/Omnimaga3/images/omnilogo.gif
The image URL http://www.omnimaga.org/Themes/omnimaga4/images/omnimodlogo.gif
The image URL http://www.omnimaga.org/Themes/omnimaga4/images/omniadminlogo.gif
The image URL http://www.omnimaga.org/oldsite/omnimaga_logo.gif

Texas Instruments Incorporated (“TI”) owns the copyright in the TI-83 Plus & TI-84 Plus Key Fonts. Any unauthorized use of these files is strictly prohibited.
www.omnimaga.org is doing illegal usage of Texas Instruments fonts.  By doing usage of these fonts, www.omnimaga.org has violated the anti-circumvention provisions of the DMCA at 17 U.S.C. §§ 1201(a)(2) and 1201(b)(1).

Please confirm to the undersigned in writing no later than noon on April 1, 2009 that you have complied with these demands. You may reach the undersigned by telephone at (xxx) xxx-xxxx or by email at [email protected]. TI reserves all further rights and remedies with respect to this matter.

I hereby confirm that I have a good faith belief that use of the Illegal Material in the manner complained of in this letter is not authorized by the copyright owner, its agent, or the law, that the information in this letter is accurate, and that, under penalty of perjury, I am authorized to act on behalf of TI, the owner of the exclusive rights in the TI-83 Plus & TI-84 Plus Key Fonts that are allegedly misappropriated using unlawful methods.

Texas Instruments Incorporated

Herbert W. Foster

Manager, Business Services

Education Technology Group


I personally do not understand this, as we have been using these fonts for 6 years on Omnimaga (the first ever Omnimaga forum was open on March 3rd 2004 and the RPG website on April 9th 2004, both of which used the same logo) and the font design is pretty much the same among other brands of calculators and even video games. However, we were forced to obey to this e-mail by taking down all the images mentionned in the DMCA takedown notice.

We will try to investigate with the EFF to see if we were within our rights and if we can counter this DMCA notice. Last Summer, TI sent DMCA takedown notices to various people in the TI community for hosting copies of the factored TI-OS keys online, but then the EFF fought back, TI didn't respond then people were allowed to put their copy back online.

Otherwise, we will have to go back to one of the two first Omnimaga logos (2001 and 2002) or create a new one. This means the banner will also have to be redone.

Texas Instruments appears to have missed a few images containing the logos on the site (on other skins). For now we will keep these online, in case we would win.

UPDATE: Yes it was an April Fools joke. Don't worry, we're fine (unless TI would decide to send us a takedown notice for real?) :P
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Raylin on April 01, 2010, 12:25:42 am
TI is so full of shit, man.
It's like they have nothing better to do except bash the little guys.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: bwang on April 01, 2010, 12:28:35 am
Hmmm... Seems like they're getting revenge for the RSA factoring and Ndless.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 01, 2010, 12:33:25 am
I'm not sure really, it could be that, though. I hope they're not gonna screw with us about Ndless and other Nspire stuff. But now it is even more ridiculous considering Casio fonts are practically the same.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Netham45 on April 01, 2010, 12:37:08 am
I'd love to see TI target Casio, it'd be an all-out war!
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Will_W on April 01, 2010, 12:41:00 am
I would imagine that the banners and such constitutes fair use.  Not to mention that's one of only a few practical arrangement of pixels to create a 5x7 font.  Stand up to the Man, and find someone to back you up.
"www.omnimaga.org is doing illegal usage of Texas Instruments fonts."
^Grammar fail
You haven't bypassed any circumvention methods.  I say the whole thing is BS and they should be called on it.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Netham45 on April 01, 2010, 12:46:52 am
Hey! The DMCA has no power in Canada! Put the pics back! :P
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 01, 2010, 12:51:43 am
the issue is that the site is hosted in the United States.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Juju on April 01, 2010, 12:53:50 am
That's because TI is jealous of Microsoft and therefore wants to take over the world. Canada the first.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Builderboy on April 01, 2010, 12:58:26 am
O.O this is ridiculous, will 1and1 stop hosting the site if you try to put them back up?  I dont recommend we put them back up until we know Omnimaga is safe
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: jsj795 on April 01, 2010, 01:01:01 am
Quote
Please confirm to the undersigned in writing no later than noon on April 1, 2009 that you have complied with these demands.


I have a feeling that it's a April Fool's Joke, or a mistake???
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Will_W on April 01, 2010, 01:04:21 am
It's most definitely real.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: jsj795 on April 01, 2010, 01:11:26 am
oh okay... just making sure...
I hope we can win. The banner was really cool and I know DJ took a long and hard time working on it
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 01, 2010, 01:22:23 am
This is sure full of fail, especially the grammar and errors. Just how they missed half of the images tells enough. I guess TI had this written by a random employee or something, using the key factoring DMCA notice and modifying it. It reminds me also when TI continued to send DMCA notices despite the EFF countering them. I wonder if we decided to host the keys if TI wouldn't decide to send another notice to us even if the whole thing was solved half a year ago?

At least I am glad they sent the DMCA directly to me instead of my hosting provider, though. Otherwise, I am afraid of what would have happened...

They should maybe spend more effort in making their Nspire OSes more programmable and open to third party dev and try harder to fix the bugs in the 84+ OSes before releasing them
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: miotatsu on April 01, 2010, 01:35:19 am
this has me curious now, if the ti fonts are copyrighted then does that mean i am not allowed to use the font i made for BasiC++? most of the characters are sprited exactly the same as the 84+ font, I know we can't really trust TI when it comes to legal knowledge, but i want all my stuffs to be legal... also i hope the banner and everything can be used in the end, they are epic :{O

edit: nevermind
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 01, 2010, 01:36:47 am
I'm not too sure x.x Maybe if you modify them slightly you would be fine now, idk. Omnimaga banner used exactly the same fonts as TI. In fact, if you look at ROL1 the on calc logo is the exact same as the banner one, except plain black
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Galandros on April 01, 2010, 04:00:11 am
This is sure full of fail, especially the grammar and errors. Just how they missed half of the images tells enough. I guess TI had this written by a random employee or something, using the key factoring DMCA notice and modifying it. It reminds me also when TI continued to send DMCA notices despite the EFF countering them. I wonder if we decided to host the keys if TI wouldn't decide to send another notice to us even if the whole thing was solved half a year ago?

At least I am glad they sent the DMCA directly to me instead of my hosting provider, though. Otherwise, I am afraid of what would have happened...

They should maybe spend more effort in making their Nspire OSes more programmable and open to third party dev and try harder to fix the bugs in the 84+ OSes before releasing them
Or maybe because it was one of the Omnimaga Staff doing that. Or maybe some TI staff read what they write like what they code.

When will you admit is April Fools?
ticalc has a a nice fake news. ;D
EDIT: Maxcoderz use the TI font too and hasn't received any notice. Although there aren't any regular posts there.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Silver Shadow on April 01, 2010, 07:35:54 am
¿ǝsןǝ ǝɹǝɥʍǝɯos ɯoɹɟ ǝɹɐ sʇuoɟ ǝɥʇ ʇɐɥʇ ʎɐs puɐ ɯǝɥʇ oʇ ǝıן ʇsnظ noʎ ʇ,upןnoɔ
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Raylin on April 01, 2010, 11:17:18 am
^++
Agreed and seconded.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: mapar007 on April 01, 2010, 11:33:45 am
Since his notice had the wrong date on it, you can discard it, I think. It is of no legal value. Of course, I'm not a lawyer, so don't take my word for it.

Edit: unless, of course, it's a joke and you fooled us all.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Raylin on April 01, 2010, 11:41:22 am
Ugh.
For real?

Is this all an April Fool's joke? D:<
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: ACagliano on April 01, 2010, 01:09:52 pm
Since his notice had the wrong date on it, you can discard it, I think. It is of no legal value. Of course, I'm not a lawyer, so don't take my word for it.

Edit: unless, of course, it's a joke and you fooled us all.

That is true. That notice has no legal ground because the date is wrong and is therefore, inadmissible as evidence.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Netham45 on April 01, 2010, 02:46:30 pm
I made you a new banner, no TI fonts!
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: ztrumpet on April 01, 2010, 02:57:47 pm
I think we should use Netham's banner!  It would look really good! ;D
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Eeems on April 01, 2010, 04:00:53 pm
Ugh...I just got the same email when I woke up...let's go with Netham45's...
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 01, 2010, 05:20:36 pm
I guess I could discard it, altough I am afraid of a second DMCA notice with fixed date later and worse, sent to 1and1, then 1and1 thinking we host copyrighted content then suspend our account x.x
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: miotatsu on April 01, 2010, 05:26:50 pm
I am really liking Nethams banner, i suggest we use it. The only thing it is missing is rainbows and/or rick astley riding a unicorn
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Juju on April 01, 2010, 06:03:18 pm
Yeah, Netham45 is the best drawer ever :D
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: JoeyBelgier on April 01, 2010, 06:23:17 pm
Imma do this simple

DMCA and TI, you seem to be retarded. The people here promote the calculators in a way you could never do it yourself. They make them more usefull than you could have ever dreamed of. Get lost!

Normally I don't post in retarded big fonts at forums, but I needed this out.
EDIT; I can't be bothered if you call me a flamer this time
EDIT2; verrry nice banner Netham! I just hope we won't break any Windows Paint Copyrights with this, for using their pixels and lines!
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 01, 2010, 07:02:22 pm
Well, maybe TI will send a dmca notice to Netham45 for using monochrome colors like on their old calcs
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: mapar007 on April 02, 2010, 03:39:56 am
Well, maybe TI will send a dmca notice to Netham45 for using monochrome colors like on their old calcs

That made me LOL. Anyway, this was a good joke...

btw, ticalc.org did better in the previous years. Didn't like their joke that much, but the comments were funny.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 02, 2010, 04:01:20 am
yeah I didn't like it too much. However, what was cool with it is that we could easily play around like if it was real and exagerate.

My favorite one remains the Voyage 400
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: mapar007 on April 02, 2010, 04:33:42 am
Mine was the one with the radium processor, but I only saw it like 7 years later... I've been in the community for little more than 2 years.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 02, 2010, 04:42:09 am
oh that was not a AFJ it was just a fake news. As for fake news I think my favourite one is by far the Calc.org redesign in 2006, but no one here would get it because they would have needed to have seen what happened with their own eyes to understand the joke. In second place, it would be the WFRNG first release
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: mapar007 on April 02, 2010, 04:43:51 am
I presume that's the Wacky Fun Random Numbar Generaz0r? That made me chuckle a whole day...
/me goes to reread the joke
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on April 02, 2010, 04:44:46 am
yeah :P, i loved it cuz of the sarcasm parodying number guessing games invasion on ticalc :P
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Galandros on April 02, 2010, 06:45:21 am
Well, maybe TI will send a dmca notice to Netham45 for using monochrome colors like on their old calcs

That made me LOL. Anyway, this was a good joke...

btw, ticalc.org did better in the previous years. Didn't like their joke that much, but the comments were funny.
Netham has the TI keys... Wait TI went back in that.
When the parody is officially ended? EDIT: ah, I saw the new topics. :P
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: ztrumpet on April 02, 2010, 11:06:01 am
Well, maybe TI will send a dmca notice to Netham45 for using monochrome colors like on their old calcs
That's an awesome statement!
* ZTrumpet lols... ;D
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on October 11, 2010, 12:35:00 am
Sorry to necropost, but this is related to the topic, kinda.

http://www.ticalc.org/archives/news/articles/4/40/40306.html

This was years ago but it is a bit scary: TI actually C&D'ed calc websites for having TI in their domain names/names. That C&D was also due to ROM sharing, but TI-News were asked to change their name too.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Silver Shadow on October 11, 2010, 12:43:14 am
x.x

TI really are stupid...
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on October 11, 2010, 12:47:56 am
Yeah, I didn't knew they did that kind of stuff before. I hope they still won't do it. It would suck if they tried to DMCA ticalc.org, UTI, TI-BANK and every other calc site using TI in their name x.x

It was weird to read this when I made a joke about something similar (this april fools prank topic I necroposted)
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: Deep Toaster on October 15, 2010, 09:12:24 pm
And nytimes.com :o

But that is stupid. But then, Google sent a C&D to letmegooglethatforyou.com (that's why they changed their URL to lmgtfy.com), googlegooglegooglegoogle.com, googleloco.com, and just about every other Google parody with the Google name in its name.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: calcdude84se on October 15, 2010, 09:17:28 pm
The key is to use a common consonant cluster as your domain name ;D like "ck", "tr", and so on.
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on October 15, 2010, 09:18:05 pm
And nytimes.com :o
What abut nytimes? ???
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: FinaleTI on October 15, 2010, 09:19:53 pm
And nytimes.com :o
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: DJ Omnimaga on October 15, 2010, 09:20:50 pm
oh ok. X.x
Title: Re: TI sends DMCA takedown notice to Omnimaga for Key Font usage
Post by: qazz42 on October 15, 2010, 10:31:57 pm
and TImes magazine