What is a DMCA Take Down notice?

Hopefully you’ll never receive an email from us informing you that we received a DMCA Take Down notice for one of your apps. But if you have, you might have wondered,

What the hell is a DMCA Take Down notice?

DMCA stands for Digital Millennium Copyright Act. It is a United States copyright law that “criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works.” (Source) In this case, it makes it illegal to distribute material or content that you don’t have licenses for or the copyrights to.

When you register a MiKandi Developer account and publish applications, you agree to adhere to US laws and regulations. Among other things, you also confirm that you either own the material you share or you have been granted permission from the copyright owner to distribute the material. If a copyright owner finds their material in your app and determines that they have not granted you permission or a license, they can send us a DMCA Take Down notice to remove your application immediately. We’ll send you an email explaining what has happened, and what steps you can take to resolve the matter with the copyright owner. (Learn more about Counter-Notice Process.)

Sometimes it’s a simple misunderstanding, such as unclear affiliate program guidelines. Others times it’s more, such as blatant theft (NOT cool). Probably more often it’s unfamiliarity with the law.

To share or not to share

It’s better to stay on the safe side of the law. If you have some material and you’re not sure if you can use it in your apps, you should consult a lawyer. It also helps to ask yourself these questions:

  1. Am I the copyright owner?
  2. Have I obtained permission from the copyright owner to use the material?

If the answers to both of these questions are no, then you’re not allowed to distribute the material in MiKandi.

  1. If I’m an affiliate, can I use the material to promote the brand?

It depends on the brand’s affiliate program guidelines. If you’re unsure, it is best to contact the brand directly.

  1. I found this material on another website. It’s available freely on the web. Can I use it in my apps?

Unless you have been granted permission from the copyright owner, you are not allowed to distribute the material in MiKandi.

Protecting your stuff

Many months ago, someone was selling the MiKandi App Market in other markets. Even though MiKandi is free to download, it didn’t give the “developer” the right to distribute our app without our permission. So we know how it feels to have someone take your stuff without asking. If you find your app has been illegally distributed in the MiKandi App Market, please email us at developer@mikandi.com and we’ll work toward a resolution immediately.

Introducing the world’s first app MARKET for adults

Last week, Apple hit yours truly with a cease and desist over our use of the term App Store. And just this week, Apple hit Amazon suit over their use of the term “Appstore” (too close to “app” space “store” for Apple’s tastes). Amazon gave Apple the proverbial finger and launched the Amazon Appstore this week any way.

Our pockets aren’t as deep as Amazon’s (although you can help us out with that by using your MiKandi Gold to buy some apps), so today we’re introducing you to MiKandi- the world’s first app market for adults.

Microsoft is currently challenging Apple’s trademark of the term. While  it’s not worth it for us to fight Apple’s legal team over this by ourselves, perhaps we can file an amicus brief to Microsoft’s case.

Microsoft, Amazon- you know how to reach us. ;)

Hollatcha app market!

Jailbreaking your iPhone determined legal in U.S. – WIN!

Ho.  Lee.  Cow.

A major win for third party iPhone app developers, app stores, and app users.  The U.S. Copyright law has determined that it is NOT illegal to jailbreak your iPhone.

Every three years, the U.S. Librarian of Congress reviews copyright laws in order to make revisions and exemptions.  The purpose of this is to determine “whether current technologies that control access to copyrighted works are diminishing the ability of individuals to use works in lawful, non-infringing ways.”  (copyright.gov)

On Monday, the following six classes of works are now exempt from prosecution (from CrunchGear):

  1. Defeating a lawfully obtained DVD’s encryption for the sole purpose of short, fair use in an educational setting or for criticism
  2. Computer programs that allow you to run lawfully obtained software on your phone that you otherwise would not be able to run aka Jailbreaking to use Google Voice on your iPhone
  3. Computer programs that allow you to use your phone on a different network aka Jailbreaking to use your iPhone on T-Mobile
  4. Circumventing video game encryption (DRM) for the purposes of legitimate security testing or investigation
  5. Cracking computer programs protected by dongles when the dongles become obsolete or are no longer being manufactured
  6. Having an ebook be read aloud (is for the blind) even if that book has controls built into it to prevent that sort of thing.

To get you up to speed, earlier this year Apple complained to the 2009 DMCA triennial rulemaking committee concerning jailbreaking the iPhone, and asked for the action to be deemed illegal.  This was in response to a grant filed by the EFF asking that jailbreaking be allowed and kept legal as it improves the overall capabilities of the iPhone.  In essence, Apple telling you it’s illegal to jailbreak your phone would similar to Honda telling you it’s illegal to purchase and install non-OEM parts (hypothetical example).

Obviously, this news touches close to home, as many of you have been asking when MiKandi will be available for iPhones.  As you know, MiKandi is on Apple’s radar, and we know better than to poke a sleeping giant.  It was never our intention to alienate our iPhone fans, but our plans were thwarted until today’s decision was made.  While I can’t say that we definitely will or will not pursue a MiKandi iPhone market either way, I can promise that we will investigate our options.  It is our vision to treat all of our fans, developers, and consumers as adults, and deliver quality adult-themed apps to numerous platforms.

Cheers!

Is your content 18 U.S.C. § 2257 compliant?

If you’re an adult entertainment industry veteran, you’re all too familiar with 18 U.S.C. § 2257 and § 2257A.

But if you’re new to the adult entertainment industry, chances are you haven’t heard of 18 U.S.C. § 2257 and § 2257A.  And it could cost you.  A lot.  Like,.. A LOT.

Details after the jump!

[Read more...]

Australian man in court over Simpsons porn

From Queensland Times

Kurt James Milner has admitted to possessing cartoon child porn

Kurt James Milner has admitted to possessing cartoon child porn

AN IPSWICH man has admitted downloading graphic cartoon porn images featuring child characters from The Simpsons and The Powerpuff Girls TV shows.

The 28-year-old is now a registered sex offender and will have to report to police after pleading guilty in Ipswich District Court to having the bizarre images on his computer.

Police went to Kurt James Milner’s Leichhardt home on January 24, 2008 after receiving an anonymous tip-off about the disturbing material.

Milner told police he would co-operate but did not want to give them his computer.

But an hour-and-a-half later he phoned police and said they could now have his computer.

Officers discovered the computer would no longer turn on but a year later police forensic experts recovered 64 images of cartoon child exploitation material in the machine’s recycle bin.

The images depicted figures from The Simpsons, The Powerpuff Girls and The Incredibles in sexually explicit positions.

Milner, a former security guard, told police he downloaded the images to show them to his friend “because he believed they were funny”.

He pleaded guilty to charges of possessing child exploitation material and using a carriage service to access child exploitation material.

Milner was sentenced to 12 months jail but it was wholly suspended for five years. A conviction was recorded.

He was also given a $1000 good behaviour bond for five years.

Crown Prosecutor Suzanne Cantatore said the sentence needed to be harsh as it was Milner’s second conviction for having child exploitation material.

Read more here.

What do you think?

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Free Speech Coalition wants to hear from you

Free Speech Coalition would like to ask you to take a few minutes of time to answer our first survey of 2010. Last year was challenging and transitional for many adult businesses and industry professionals. We would like Your Opinion on what are the most important issues facing the adult entertainment industry today, and what FSC can do to help you do better business.

Please go to FreeSpeechCoalition.com to take the survey. 

About FSC:

The Free Speech Coalition is the trade association for the adult entertainment industry.  Our members consist of a broad range of adult businesses from producers and webmasters to manufacturers, retailers and many, many more.

As the trade association for the adult entertainment industry our responsibilities are threefold: One, to be the watchdog for the adult entertainment industry guarding against unconstitutional and oppressive government intervention; Two, to be a voice for the industry telling the truth about the adult entertainment industry not only in the vital role it plays as an economic contributor, but also in its contribution to quality of life in a healthy society; and finally to provide business resources for our members to facilitate successful businesses in this ever-changing and challenging business environment.