If Flock truly believed that the domain name infringes on their trademark, they would file an ICANN UDRP complaint instead of Cloudflare and Hetzner abuse reports.
But they don't, because the former would require them to perjure themselves, and the latter just requires them to lie to a hosting company.
Cloudflare would have to bring that suit since they were the ones defrauded. The site owners probably can't sue Cloudflare because of their contract. So the site owners probably have to go basic "tortious interference" and be ready to show actual damages.
No, if the site owners have been harmed by Flock + Cyble knowingly filing a false takedown notice then they can sue Flock + Cyble. If Cloudflare's reputation has also been harmed then they could sue Flock + Cyble as well.
The "resulting damages" is pretty small though, they just had to move off of cloudflare. I'm not sure it would be worth it, especially if the other side doesn't end up paying their legal costs.
False accusation of criminal behavior is defamation and in many US states such accusations are assumed to be damaging. No evidence of damage is needed.
Knowingly filing false DMCA claims will also perjure them.
However, ICANN has a whole procedure they follow where complaints are fact-checked, whereas DMCA takedowns put an unreasonable burden on hosting providers that requires immediate action, and many hosting providers will take such action automatically to protect themselves.
I doubt they care about perjury. They care about results, and the DMCA gets them exactly that.
The phishing reports are interesting, providers aren't necessarily required to act as fast on those. Although, I suspect companies like Cloudflare who get used by countless phishers will probably also set up some kind of automated anti phishing system.
>Knowingly filing false DMCA claims will also perjure them.
You are confusing false claims with filing DMCA requests on behalf of someone you don't have permission from.
>and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Those take on the order of months to go through. Even if they did so, you wouldn't notice until much later. Meanwhile cloudflare and hetzner are faster. If you want to reduce harm by taking down a site you can't just let it stay up for weeks while the ICANN process plays out.
The local credit union in Eugene had installed Flock cams at the entrances to all their branches. They took em down after only a few of our community members began protests out front a few branches and emailing with the CU's leadership before our city terminated our contract and removed the cams
> The site’s only input fields accept license plate numbers (which are hashed client-side before transmission and cannot be harvested)
License plates are trivially short, hashing them accomplishes no additional level of privacy if the hashes could be bruted in seconds on an antique GPU.
They have indexed publicly available data. The privacy was long gone before you even entered a license plate number.
Or do you think other actors didn’t have the same data but without a frontend to show it to you?
Being able to say "Our server never sees user-input license plate numbers", even though from a technical perspective the hash is just as identifiable, does have value. Even though it offers no additional privacy, it does let non-technically-minded users and so on feel safer, and that's valuable.
If these folks get in trouble, they might try hosting with Freedom.nl . It's +/- the old xs4all crew, and they might be in for some more fun in the 21st century.
dang/tomhow, does Y Combinator have a code of ethics that comes into play when one of your funding recipients does something unethical and/or illegal like this?
To some extent, YCombinator partners are on the record[0] supporting the idea of their startups doing illegal things. Generally they'll frame this as challenging outdated regulations, but they acknowledge that the founders whose strategies they fully support sometimes come into office hours and discuss how they're worried that the strategy puts them at risk of going to jail.
VC system with multiple investors means YC can't tell their company what to do. No mote than you can tell Google what to do because you have $100M in shares.
So these are the scumbags putting cameras in front of schools and sending tickets to people on Sundays. Thank you for making peoples lives materially WORSE.
Absolutely unacceptable behavior. Wild that Americans are so distracted by pointless social issues that they haven’t even realized the ruling elite are treating them like cattle. Absolutely pathetic.
the fact that these majority do accept the distraction points to lack of intelligence and discipline in critical thinking and future planning. The populous has half the blame - not just those who do these manufacturing of distractions.
That's an easy trap to fall in. This industry costs trillions every year to operate for a reason. The people never really stood a chance. It's not as if school educated them to live in the world we actually inhabit.
It's not about stupid people, there are stupid people everywhere, it's about the .1% elite controlling all the wealth and power, using flaws in the ways humans work (stupid or not every human has to have shelter and food to survive).
People with advanced degrees accumulate in those specific states, despite not significantly different rates of HS graduation from other states.
Smart people, as measured by educational attainment, live in the NE coastal states and exceptionally stupid people (by the same metric) live in the South and Midwest. As a guy from Iowa, I was offended, but humbled by the reality of the numbers.
Gallup polls during the Vietnam War found that higher-educated Americans were more likely to be pro-war while the most anti-war group were those with only a grade school education: https://afterthewarproject.org/files/original/3e5e5a47a15203... (page 19 of the PDF, page 38 of the document)
Remember when Zuck called his fellow students at harvard who used facebook “Dumb fucks”? The US is accelerating into techno-authoritarianism, and all of these tech companies adopted “companies over countries” motto since the start, it’s not a surprise now.
it is fairly evident that contextualisation is paramount in objectively assessing a situation ... in the context of having god like power over billions , it seems entirely moot to debate the merits of why such a god like individual would label his subjects as idiots ...
The context is given, it’s all about users’ data. facebook, google, plantir, flock, you name it, the end goal is to harvest data as much as possible to sell it, profile the individuals, manipulate the public opinion (facebook did a mood-manipulation “experiment” back in 2012, you can only imagine now in the era of social media dependency and AI), invade people’s privacy, among many other things. Now add to that mix a mandatory digital ID, and let’s hear what these CEOs will call the public behind closed doors, I’m sure it’s worse than “dumb fucks”. Fun fact: Zuck early days business card printed with “I’M THE CEO, BITCH.”
In the sense that the US has been anti-intellectualist for decades, I'm kind of ok with it. All the kids who fucked around in school and picked on the nerds for just existing are kind of getting their comeuppance. It's definitely cut off your nose to spite your face type shit, but does give me a little bit of joy. "You stuffed me in a locker and destroyed my social life because I read a book at lunch. I'm going to automate your job away and help billionaires make sure you'll never rise out of poverty."
> I'm kind of ok with it. All the kids who fucked around in school and picked on the nerds for just existing are kind of getting their comeuppance
I have yet to see it. All the stereotypical “asshole jocks” I can recall from school tended to be from upper middle class families. They’re doing much better than many of the nerds many of who are unemployed NEETs.
Though I admit these sort of social cliques are much more complex in real life than in a corny 80s coming of age movie.
All the kids who fucked around in school and picked on the nerds for just existing are running the government. Not sure this is the win you're painting it as?
I don't think "the nerds" are really dishing out much comeuppance here.
Professionally, they're marginalized by finance-bros, who actually decide what gets built and which morals get followed. Privately, everything you might want to repair or tweak or invent is still getting locked down or patented or criminalized.
How much does food and electricity cost you (if the electricity is even on for you at all)? Also, uh, this isn't high school anymore, and the "nerds vs. jocks" framing says a lot more about your own internal state than it does about the state of the world, which is being run into the ground by wealthy oligarchs. If you have bad high school memories to process, that can be done elsewhere.
They don't actually allege anything. They add in the keywords without going so far as to say "this website is doing X." It's enough to trip the keyword filters at Cloudflare and other hosting providers and reverse the burden of proof.
Problem is they have way more money to fight and that’s basically their whole playbook. I was caught up in a fraudulent libel claim that had to settle* back in the Twitter days. When those companies want to come after you, it’s really hard to fight back.
* no money was exchanged just some guarantees to not disclose their client and remove tweets.
But they don't, because the former would require them to perjure themselves, and the latter just requires them to lie to a hosting company.
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