
EasyList: Ad-serving domain removed due to DMCA takedown request - marksamman
https://github.com/easylist/easylist/commit/a4d380ad1a3b33a0fab679a1a8c5a791321622b3
======
userbinator
Thanks, just added it to my HOSTS file...

I don't know if the Streisand Effect is going to happen with this one, but it
seems very odd that the DMCA could even be applicable here.

Edit: [https://www.copyright.gov/help/faq/faq-
protect.html#domain](https://www.copyright.gov/help/faq/faq-
protect.html#domain)

 _Can I copyright my domain name?

Copyright law does not protect domain names._

~~~
snsr
> _it seems very odd that the DMCA could even be applicable here_

This is an invalid takedown request.

~~~
dweekly
Diebold was sued successfully many years ago for DMCA abuse under 512f. See
OPG v Diebold. EFF prosecuted and did a great job. Use this precedent!

Disclaimer: I was the plaintiff.

~~~
dweekly
EFF detail - [https://www.eff.org/cases/online-policy-group-v-
diebold](https://www.eff.org/cases/online-policy-group-v-diebold)

Note that HN has an issue linking to Wikipedia pages ending in a period, so
add a '.' after this URL:
[https://en.wikipedia.org/wiki/Online_Policy_Group_v._Diebold...](https://en.wikipedia.org/wiki/Online_Policy_Group_v._Diebold,_Inc).

~~~
jwilk
Someone was kind enough to set up a redirect. :)

You can URL-encode the last character to make HN happy, i.e.:

[https://en.wikipedia.org/wiki/Online_Policy_Group_v._Diebold...](https://en.wikipedia.org/wiki/Online_Policy_Group_v._Diebold,_Inc%2e)

------
FrozenVoid
Someone needs to inform EFF, this sets an important precedent: Having to alter
your software because it references a domain makes it dependent on all data
being in line with DMCA requirements interpreted by the copyright holders(that
is you can't use your software without complying with terms of domain owner).
It transforms control of web experience. Imagine that a domain owner requests
you mine some cryptocurrency to load his website and any browser that doesn't
send him proof of mining is illegal(in reality this can be done with mandatory
JavaScript and cookies checked on server for hash matches) due "access
control" portion of DMCA. Most software makers can't afford to ignore DMCA or
fight it.

------
tribby
IANAL, but I'm guessing the DMCA takedown request cites "circumvention of
access control."[1] Would be useful if the maintainer published the request.

1\. [http://blockadblock.com/adblocking/is-adblock-plus-
violating...](http://blockadblock.com/adblocking/is-adblock-plus-violating-
the-dmca/)

~~~
userbinator
That would be a very odd interpretation of that phrase --- because when one
usually thinks of "access control" and the DMCA, circumvention is about
_allowing_ access to copyrighted work. Adblocking is essentially all about
_disallowing_ access.

But if that interpretation does hold up in the courts, it could lead to a very
slippery slope where it becomes illegal to refuse to consume specific content.
The equivalent of not being able to change the channel on the TV or go do
something else when the adverts start, or even... just close one's eyes and
ears.

~~~
imnotatwork
Hope you're wrong because this is starting to look like a Black Mirror
episode.

~~~
jk563
Fifteen Million Merits (S01E02) to be specific.

------
NoGravitas
Can someone provide some context? How can a line in an adblock list be subject
to a DMCA takedown request?

~~~
half0wl
Yeah. How did this even happen?

------
anc84
Some people use the term "DMCA" for informal takedown requests. We need to see
the actual form or at least get a definitive "yes, it was an actual DMCA"
before speculating.

------
executesorder66
Someone already added a pull request to add it back.

[https://github.com/easylist/easylist/pull/500](https://github.com/easylist/easylist/pull/500)

~~~
kristofferR
Yup ;)

------
jwilk
For those who don't know what EasyList is:

 _The EasyList filter lists are sets of rules originally designed for Adblock
that automatically remove unwanted content from the internet, including
annoying adverts, bothersome banners and troublesome tracking._

[https://easylist.to/](https://easylist.to/)

------
bitshiffed
I wonder if these were included in the DMCA: unknowntray.com ,
broadboundary.com , anxiousapples.com , boilingbeetle.com , ... (
[https://www.threatcrowd.org/domain.php?domain=functionalclam...](https://www.threatcrowd.org/domain.php?domain=functionalclam.com)
)

There appear to be quite a few of these domains, serving the exact same
landing page, with Namecheap whois protection, and hosted on Google Cloud.

~~~
bitshiffed
Other weirdness in the commit log for that event:
[https://github.com/easylist/easylist/commit/1ba8d4afeec6d562...](https://github.com/easylist/easylist/commit/1ba8d4afeec6d562a5871fc7504c756e4b2bd5bc#diff-4903e7590de76df1abe1703921a2c88b)
.

Not finding much else, except they do appear to be hosting ad-block detectionn
(
[https://unknowntray.com/4430b41e83ded20e5f99d3149b838ba9394d...](https://unknowntray.com/4430b41e83ded20e5f99d3149b838ba9394d5a075c316121705ccd1543bc9320fc690f12c8d6e27a206b5ebdc92207d119db270253373b3e5d39c687bcb5)
, ref: [https://forum.adguard.com/index.php?threads/resolved-
venture...](https://forum.adguard.com/index.php?threads/resolved-venturebeat-
com.14601/) ).

Are they DMCAing about blocking ad-blocker-blockers being a tool to
"circumvent copyright access controls"?

------
durgiston
IANAL: Seems to me like EasyList would have a fair-use defense here, beyond
the fact that I'm pretty sure you can't copyright a domain name (trademark is
a different story). They created a curated, novel work using the domain, or
they are making commentary on the domain like in a news story (the commentary
here being that this domain serves ads).

------
gremlinsinc
Maybe someone should contact EFF to see if this might fit in their wheelhouse.

------
pgl
Added:
[http://pgl.yoyo.org/adservers/details.php?hostname=functiona...](http://pgl.yoyo.org/adservers/details.php?hostname=functionalclam.com)

~~~
thinkMOAR
So you just list it because it was on another list, without gathering any
proof yourself? What a great list you maintain.

Also slightly disappointing you take PayPal donations, if any party is nasty
in the ad industry... it is them.

~~~
pgl
No. I went to the site first, which explicitly states that it's being used as
a tracking domain. Then I added it.

~~~
mobilemidget
Could you please elaborate where it mentions that it is used a tracking
domain? Because I can read, and I don't read anything like this.

It does mention it records metrics to help understanding and authorising
access to their site and copyrighted content. Afaik this is called logging;
not tracking.

~~~
pgl
I consider it tracking if a domain is used to log data about users from
multiple sites, for a tracking company.

~~~
mobilemidget
Maybe, just a suggestion, also monitor the list of urls you provide. So many
are no longer existing... Maybe if you want to provide this service, try to
keep a certain quality.

That includes not listing things willy nilly because YOU think there is proper
reason. At some point there will be a party that will call your efforts, in
case you keep listing things without proof/reason, defamation or libel...

~~~
pgl
I do monitor the list. A script runs weekly that checks the validity of hosts
in the list, and removes them after a number of failed checks. You can see
failed checks in the details of a specific entry (eg:
[https://pgl.yoyo.org/adservers/details.php?hostname=addealin...](https://pgl.yoyo.org/adservers/details.php?hostname=addealing.com)).

I don't list things willy nilly. See here for the policy:
[https://pgl.yoyo.org/adservers/policy.php](https://pgl.yoyo.org/adservers/policy.php).

------
curiousgal
Ah, the beauty of version control.

------
whitexn--g28h
A copy of the request would be nice.

------
tempay
I wonder if this can be worked around by storing a list of hashed domains to
compare to instead?

~~~
totallynotcool
I see no reason why that solution would not work, however, the overhead-
looping all domains/elements, hashing them, then doing a key->value lookup-
might not be worth the processing power. Good solution and worth looking into
though!

------
lsaferite
Perhaps it was an automated DMCA complaint triggered by the target hostname
appearing on a non-customer site?

------
StavrosK
Wouldn't Privacy Badger block this domain anyway?

------
aloisdg
Can the list be host fully somewhere else?

------
feelin_googley
A quick glance at robtex suggests one would probably be safe to block the IP
address: 104.198.107.72

Below are some of the other whimsical domains listed as pointing to this
address.

Whether we send one of the names below in our Host: header or some randomly
chosen name, we still get the same response, devoid of any content, except an
<img> tag to track the user.

    
    
        1. anxiousapples.com
    
        2. beamkite.com
    
        3. calmfoot.com
    
        4. chickensstation.com 
    
        5. consciouscabbage.com
    
        6. copycarpenter.com
    
        7. crownclam.com
    
        8. functionalclam.com
    
        9. giddycoat.com
    
        10. guardedgovernor.com
    
        11. jewelcheese.com
    
        12. lizardslaugh.com
    
        13. loudloss.com
    
        14. photographpan.com
    
        15. profitrumour.com
    
        16. quaintcan.com
    
        17. scintillatingspace.com
    
        18. scrubsky.com
    
        19. shallowschool.com
    
        20. shelterstraw.com 
    
        21. sinceresofa.com
    
        22. snakesort.com
    
        23. storesurprise.com
    
        24. stormyachiever.com
    
        25. stormyshock.com
    
        26. swimslope.com

~~~
seretogis
A much longer, more complete list: (formatted weirdly, but probably better
than having it take up 115+ lines.)

abandonedclover.com abruptroad.com actuallysheep.com ambitiousagreement.com
anxiousapples.com baskettexture.com bawdybeast.com beamincrease.com
beamkite.com boilingbeetle.com brassrule.com broadboundary.com calmfoot.com
cherrythread.com chiefcurrent.com chinchickens.com commandwalk.com
concernrain.com consciouscabbage.com copperchickens.com copycarpenter.com
copyrightaccesscontrols.com crawlclocks.com critictruck.com crownclam.com
curtaincows.com cutecushion.com decisiveducks.com delightdriving.com
differentdesk.com dk4ywix.com docksalmon.com doubtfulrainstorm.com
dragzebra.com elasticchange.com elephantqueue.com exclusivebrass.com
flavordecision.com floodprincipal.com functionalclam.com futuristicfairies.com
fuzzyflavor.com ga87z2o.com giddycoat.com gorgeousground.com greetzebra.com
guardedgovernor.com guitarbelieve.com hilariouszinc.com illustriousoatmeal.com
incrediblesugar.com ivykiosk.com jewelcheese.com karisimbi.net limpingline.com
lizardslaugh.com lopsidedspoon.com loudloss.com lp3tdqle.com lumpyleaf.com
matchcows.com mixedreading.com mowfruit.com ovalpigs.com peacepowder.com
photographpan.com pietexture.com possibleboats.com practicetoothpaste.com
presetrabbits.com profitrumour.com provideplant.com quaintcan.com
quicksandear.com readgoldfish.com receptiveink.com rulerabbit.com
saysidewalk.com scarcestream.com scrubsky.com scrubswim.com separatesilver.com
shakesea.com shakytaste.com shallowschool.com shelterstraw.com
shiveringsail.com shockingswing.com simplisticnose.com sinceresofa.com
snakesort.com sneaklevel.com sneakystamp.com spectacularsnail.com
spillvacation.com squeamishscarecrow.com storesurprise.com stormyachiever.com
stormyshock.com stormysponge.com straightnest.com strivesidewalk.com
structuresofa.com succeedscene.com superficialsink.com terribleturkey.com
thirdrespect.com throattrees.com tidytrail.com tracedesire.com
trickycelery.com tritetongue.com unknowntray.com unusualtitle.com
voicevegetable.com

~~~
pgl
NB: the following domains aren't currently used:

    
    
        karisimbi.net
        shallowschool.com

------
yAnonymous
That DMCA request can't be valid.

------
dingo_bat
Does not make much sense. Is the website address itself under copyright?

~~~
poooogles
>Is the website address itself under copyright?

No. [https://www.copyright.gov/help/faq/faq-
protect.html#domain](https://www.copyright.gov/help/faq/faq-
protect.html#domain)

