RadioReference Web Host Receives DMCA Takedown Notice from Priority Dispatch Corp

[mwjones]

This whole case reminds me of Patent Troll Ronald Katz. He held several patents on processing DTMF in automated systems (think those systems that you call into and press 1 for English, 2 for Spanish). During the 2000's he was going after several major corporations trying to get them to license his technology, and had a few takers, but then sued anybody who refused to pay him a (exorbitant) license fee.

I was at 2 major companies (both would be considered household names, although one disappeared as the result of a merger with another household name company) during his run, and he came after both of them (neither of them took the license "bait" and told him to pound sand). We had quite a few legal record holds, but we also had the equipment manufacturer, with their suite of patents showing that we were licensed for and using their technology and weren't using Katz's patented processes. In both cases, the lawyers for Katz backed down and he got nothing (I don't recall either case actually going to a courtroom).

Ultimately Katz's patents were either cancelled or expired, thus ending that nightmare, but the scheme made him quite rich.

Ronald A. Katz - Wikipedia

en.wikipedia.org

@blantonl I'm hoping that the court sees through this company's scheme and shuts them down.

 

[iowajm780]

This lawsuit is so absurd that even Judge Judy would toss it.

 

[PRMII]

Pay a visit to Priority Dispatch Corporation with a disabled friend and have them use their restroom. Then sue them for improper handicap accommodations. Negotiate the rest.

I'm a 71 year old amputee and Disabled Vet who can hardly see. Can I apply?? I love a good fight!

 

[PRMII]

Our primary hosting provider, Amazon Web Services, received the following DMCA Takedown Notice this week from Priority Dispatch Corporation regarding the content hosted on our Wiki at this link:

Priority Dispatch Codes - The RadioReference Wiki

This is the 2nd DMCA takedown notice they've filed, this time directly with our Web hosting provider. You can see the first here, along with the associated discussion:

RadioReference Receives a DMCA Takedown Notice from Priority Dispatch Corp.

See below: Legal Department J. Simón Cantarero Direct +1 385 715 xxxx simon.cantarero@prioritydispatch.net April 18, 2022 VIA USPS and EMAIL: legal@radioreference.com Lindsay C. Blanton III, President RadioReference.com 1150 N Loop 1604 W, Suite 108 San Antonio, TX 78248 RE: Notice...

forums.radioreference.com

Dear Amazon,

This law firm represents Priority Dispatch Corporation (“PDC”) in
intellectual property matters. This message constitutes notification of
claimed infringement pursuant to § 202 of the Digital Millennium Copyright
Act of 1998 (the “DMCA”). 17 U.S.C. § 512 (c)(1)(3).

By this message, PDC provides notice of objection to the unauthorized
reproduction of its copyrighted material. Specifically, PDC’s copyrighted
Flexi software is available for download using the link shown below:

https://wiki.radioreference.com/index.php/Priority_Dispatch_Codes

PDC’s EMS, Fire, and Police protocols are registered copyrights in the
United States. *See* U.S. Copyright Registration Nos. TX0008333136 (Fire),
TX0008333140 (EMS), and TX0007934165 (Police).

I hereby state that I have a good faith belief that the disputed use of the
copyrighted material is not authorized by the copyright owner, its agent,
or the law (e.g., as a fair use).

I hereby state that the information in this Notice is accurate and, under
penalty of perjury, that I am authorized to act on behalf of the owner of
the copyright that is allegedly infringed.

Should you have any questions concerning PDC’s position in this matter,
please do not hesitate to contact me.

This notice of claimed infringement is sent without prejudice to the rights
of PDC, all of which are expressly reserved.

Sincerely,

*Jared L. Cherry*
PHILLIPS WINCHESTER ATTORNEYS AT LAW
4001 South 700 East, Suite 500 | Salt Lake City, UT 84107
Phone: 801-935-4932 | Fax: 801-935-4936
jlc@phillipswinchester.com | phillipswinchester.com

We filed the following counter notice with Amazon this morning:

Dear Amazon,

We received your DMCA notice and wish to file the following counter notice:

1) Priority Dispatch Corporation (“PDC”) alleges that the information at the following link infringes
on their copyrights in violation of the Digital Millennium Copyright
Act of 1998 (the “DMCA”). 17 U.S.C. § 512 (c)(1)(3).

https://wiki.radioreference.com/index.php/Priority_Dispatch_Codes

PDC also alleges that we are hosting a link to download software called “Flexi software”

2) I hereby state that I have a good faith belief that the disputed use of the copyrighted material
is allowed to be made available to the public at the above link and is protected by fair use
doctrines as covered under section 107 of the Copyright Act,  I also state in good faith
that there are no links to downloadable software called “Flexi software” hosted anywhere on
the above mentioned page.

I hereby state that the information in this Counter Notice is accurate and, under
penalty of perjury, that I am authorized to act on behalf of the owner of
link above that is allegedly infringed.

3) Lindsay C. Blanton III
    Chief Executive Officer
    RadioReference.com LLC
    1150 N Loop 1604 W Suite 108-556
    San Antonio, TX 78248
    (210) xxx-xxxx

4) I consent to the jurisdiction of the United States federal district court for the judicial district
in which my address is located and will accept service of process from the person who provided
the notice set forth above or their agent.

5) /s/ Lindsay C. Blanton III, Chief Executive Officer, RadioReference.com LLC

I appreciate all that is done behind the scenes most of us never see or know about. I'll definitely give support in any way I can.
Papa
Alpha
Uniform
Lima

 

[Synapt]

Is it worth getting into a legal pissing match over something that the vast majority of RR people don't even care about? And that very small number who do, have already printed it out?

If it's copyrighted by a private company, so be it: take it down.

It would be more worthwhile to direct RR's efforts to something more relevant.

As someone who has developed websites for stations (including my main one I run with) and uses their code details for incident pages, this is actually a pretty huge consideration as if they can sue radioreference for it they can technically use all of us as well, as others have pointed out.

This is also not something that can really be 'copyrighted' in a form that they claim, more so when they themselves literally shared the code dispatch data in the past (it's how I built converter scripts to make the dispatch summaries more website friendly, well before even discovering radioreference had them as well).

 

[Synapt]

So I asked them on their facebook page about a week ago what the legal standing is of emergency services websites using the same data for their incidents pages and concerns of being sued for doing so, and curiously have not yet got any sort of answer.

 

[MTS2000des]

You probably won't receive any response on social media when there is pending litigation. One thing for sure, many eyes are upon this, and many in the 911 dispatch business, are carefully following. As 911 centers and communications authorities are bound to release all public records of 911 calls that aren't PHI or otherwise restricted (e.g. calls under active criminal investigation, involving minors or sexual offense victims) pretty much all data is considered public and thus, subject to release upon request by anyone.

 

[Synapt]

You probably won't receive any response on social media when there is pending litigation. One thing for sure, many eyes are upon this, and many in the 911 dispatch business, are carefully following. As 911 centers and communications authorities are bound to release all public records of 911 calls that aren't PHI or otherwise restricted (e.g. calls under active criminal investigation, involving minors or sexual offense victims) pretty much all data is considered public and thus, subject to release upon request by anyone.

You'd think in this case though they would make some clarities, cause they have two ways they have to go about this, either they're going to have to start issuing takedowns/lawsuits against emergency services as well or explain why they're not and only going after radio reference.

Edit: If anything that could potentially be a defense on radio reference's side, "Well they're not going after anyone else for publicly disclosing the content". Cause I highly doubt these guys are gonna want to start suing volunteer fire stations and stuff just to win a case against radio reference, so it might even motivate them to drop it.

 

[K5TUE]

I patented the word 'mergatroid'.

Don't any of you ever use it on a website!

 

[Reconrider]

I patented the word 'mergatroid'.

Don't any of you ever use it on a website!

TO late. I have a website named that

 

[Falcon9h]

In many towns there have been handicap scam artists in wheelchairs who go into shoe stores, restaurants and even military surplus stores looking for difficult access or bathroom sinks too high, no handicap stalls, etc. Then their attorney files dozens of lawsuits on the same day and they go to court hoping to make a profit. This happened to a friend of mine that owns a military surplus electronics store and pretty much every other store on his block. He has a large one story ground level building and got taken to the cleaners by these scammers.

That's as low as you can get... hopefully karma will get delivered.
Having just had a hip replacement, though, made me very aware of accommodations at various businesses and how hard it can be without them. I'd be happy if every place on Earth had power assisted doors since they weigh as much as a trailer truck <sarcastic> but I'm not gonna whine and sue.
With my temper, I'd flat out tell this priority dispatch to go F themselves. I do very poorly with this kind of thing.

 

[Falcon9h]

This lawsuit is so absurd that even Judge Judy would toss it.

She'd be the perfect one for this, she'd throw it out.

 

[Ensnared]

I patented the word 'mergatroid'.

Don't any of you ever use it on a website!

Snaggle Puss beat you to it.

 

[EricRF]

Snaggle Puss beat you to it.

"Heaven's to mergatroid!"

 

[nsrailfan6130]

Snaggle Puss beat you to it.

Actually my dad beat Snaggle Puss to that, but that's for another conversation.

 

[Reconrider]

I see the court case is over, Priority retracted the complaint.

Does this mean RR will allow someone to have the codes posted again? @blantonl @mikewazowski

 

[Synapt]

I see the court case is over, Priority retracted the complaint.

Does this mean RR will allow someone to have the codes posted again? @blantonl @mikewazowski

For what it's worth they've always been available in the page history.

That said I think Priority found themselves in a bit of **** from a lot of emergency services that used the codes publicly on incident displays nagging the hell out of them about if they were gonna get sued too.

Well that and the fact they literally had no real basis for the lawsuit either. Hope radioreference goes after them for any legal fees they had to expend though.

 

[mikewazowski]

Does this mean RR will allow someone to have the codes posted again? @blantonl @mikewazowski

Not sure why I'm tagged in this? I don't have anything to do with it.

 

[GTR8000]

Not sure why I'm tagged in this? I don't have anything to do with it.

Blame @KevinC, he's used to it.

 

[KevinC]

Not sure why I'm tagged in this? I don't have anything to do with it.

At least they didn’t blame me this time. See how it feels now? 😂