Voat has received a DMCA takedown request on behalf of Black Rifle Coffee Company® regarding the following user account: @BlackRifleCoffeeCo.
The peculiar situation with this DMCA request is that the user @BlackRifleCoffeeCo permanently deleted their profile on 2018-10-10. Majority of the time this would suffice to satisfy a company like Black Rifle Coffee Company®, but they have persisted to have this user account completely wiped off of Voat (ghosted).
The problem we have at Voat with fulfilling this request, is that we don't have any way to permanently ghost an account. Since we value transparency, it simply isn't possible with the code we've written unless we go in and 'spez' the data itself.
In full disclosure, it appears this account was not affiliated with Black Rifle Coffee Company®, so they have every right to want it disassociated with their trademark. The unfortunate thing is that when I realized who this company was, I attempted to contact the CEO personally to discuss the difficulties with this on our end. I just figured, naively, that a 2nd Amendment company (BRCC) and a 1st Amendment company (Voat) could work out an issue the old-fashioned way. Needless to say, I was never able to 'get past the receptionist' so to speak.
The reason I am bringing this up is for a couple reasons.
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We at Voat have gotten used to a free-for-all website, but that isn't actually true. We have to operate within the confines of the law, and DMCA takedown requests are a law we have to follow.
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Any subverse or username that infringes on a trademark has to be taken down if we receive a valid DMCA request from the trademark owner.
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Voat will publicly post all DMCA takedown requests in which we modify content (data) to satisfy.
Black Rifle Coffee Company®'s DMCA request to CloudFlare
Now to figure out how to do this.
If you guys have any ideas on how we can satisfy DMCA requests like this and still log that they occurred, I’m all ears. These situations are likely to only increase.
Edit 1
Voat has reluctantly complied with this request. Access to 'claimed infringement' has been disabled.
Edit 2
Since very few read:
TL;DR: Account was already wiped as user had deleted the account months ago (i.e. Voat did NOT delete any submissions or comments). Actions against Voat continued despite this. Voat made the account 'disappear' after posting this submission in order to fully comply with request.
In this particular situation, given the context and all things considered, this is the best option for Voat.
view the rest of the comments →
sakuramboo ago
Looks like I'll be buying my coffee from someone else from now on.
ruck_feddit ago
How is this the fault of BRCC? If you were in this situation, wouldn't you want it taken down? Some libshit registers @sakuramboo-INC on tumbler and posts about loving black dicks, isn't it within your rights to do something about it?
Censorship is wrong, but so is libel/slander. I admit I don't know what this user was posting on here, but it could be that BRCC sucks or something.
I'm going to believe their CEO wants the name for himself to make posts about the JQ (lol, what if right?) and he's just mad someone took his name.
Tldr: people are maybe, just maybe, overreacting a tad bit.
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andrew_jackson ago
Wait, so you're arguing both sides of the case, now? You really don't make sense.
lord_nougat ago
Well sure, but with a DMCA?! That's how you permanently lose sane people's business.
ruck_feddit ago
For sure. I made a reply earlier about it likely being faggot lawyers. The dude in those awesome commercials probably has no idea or, even better, he's here already asking about the JQ.
dontforgetaboutevil ago
Fuck them, they can go to a hell. I'll never touch their coffee again and I'll make sure everybody I know who loves freedom to avoid these fucking greedy pieces of shit.
ruck_feddit ago
You drink it now?
dontforgetaboutevil ago
We had it yeah. I had heard they were a pro 2nd business so I patronised them. My mistake.
sakuramboo ago
The account was deleted. When an account is deleted, all references are removed. The account is still there, but with no posts or comments. There is literally nothing positive or negative with connection to that user account, only that it exists. At that point, you aren't protecting shit and just swinging your dick around.
Could I be over reacting? Yeah. But, without a way for Putt to talk to someone, it's a "do what I say and fuck off" attitude that leaves a bad taste in my mouth (not just their coffee).
Fateswebb ago
Actually by removing the account they have complied with the law. It's not a copyright you cannot copyright a TM. it isn't being used to defame the company any longer since the posts were deleted. And since it just a TM it can't be claimed to be a copyright violation. So I feel the job is done they have no leg to stand on you have complied by removing all posts by the use that could have defamed the company.
sakuramboo ago
I had just thought the same thing, that this would have been a trademark violation, not a copyright violation but I wasn't sure if DMCA extended to trademarks or not.
So, my initial explanation that they are waving their dick around was accurate.
For further proof. Here. To quote the important part...
ScrewdriverOo ago
I think people should stop buying their coffee because of their unwillingness to work with putt. Coffee can and is grown in the United States and Kona coffee is considered by many to be the best. Coffee is grown all over the Hawaiian islands and many farmers would love for people to buy their coffee. With research, you can find a coffee farm in the US that is owned and operated by veterans. Hell, even do it to support a small farmer.
Motherfuckers smarter would have set up accounts with their name on every social media platform as soon as their company was started.
VandalayIndustries ago
Kona IS the best. By far. It’s a straight out luxurious taste.
Spendy as all fuck, but awesome.
BTW, Thank You very much Putt for the awesome site man!!
ruck_feddit ago
I agree with that last bit. Faggot lawyers are very likely responsible.
Once an account is deleted, can you still see where the comments were? Lol, can you see "deleted" in a post from v/niggers?
sakuramboo ago
The only way to see their posts or comments would be for someone to have saved a screenshot or link to the [deleted] entry and say it was them. Both of which are completely unreliable. Here is an example.
I would have more respect if they asked to take it over so they owned the account.
ruck_feddit ago
That's the best suggestion I've read so far. Putt, just give them the account. Can they dmca their own shit?