YouTube’s TOS would be the most critical place to begin in terms of evaluating legal options. To file a “DMCA” (not really DMCA but YT’s proprietary version of it) claimants generally have to create an account and agree to the TOS. So it may bind both parties (the YTer and the abusive DMCA claimant). That might limit legal options for anti-SLAPP, tortious interference, etc.
But without either significant legal expertise or someone finding some particularly relevant case law, it seems like a nuanced enough domain that no one’s lay “legal” opinion would be particularly illuminating.
So even if the case is clearly being used to strategicly silence you, it'll probably still work (from plaintiff's POV). Same for DMCA.
Of course, one of the other issues is there's no federal Anti-SLAPP statute, and circuits are split as to whether or not state Anti-SLAPP applies to federal lawsuits, so if someone can diversity jurisdiction you into a federal SLAPP lawsuit, you're kind of stuck.
Sounds like a CivPro hypothetical exam question that would give law students nightmares.
And then fine plaintiffs (and pay the defendants) that lose a summary dismissal, because if your case can be thrown out before trial, it was a shit case that should have never been filed in the first place.
I don't know if that was the reasoning in this case though, considering that they didn't drop the lawsuit once it was clear that the youtuber wasn't going to give in to their demands.
The answer, as succinctly as possible: cognitive dissonance.
This is exhibited in every human endeavor, but it's particularly acute, or at least more apparent to simple analysis, in business. In business, anything that diminishes the perception of value is a threat to earnings. Business people don't tolerate the existence of such perceptions in their minds. They readily adopt whatever mental state is necessary to deny realities that reveal a lack of value in whatever work product they sell.
In this case, someone demonstrated a weakness in a lock design. In the minds of the business people behind the product, this is impossible. Their locks are awesome. Best locks in the world! Therefore, the only conceivable possibility permitted, in their minds, is fraud or some other actionable offense that can be feasibly pursued in court.
The role of lawyers in this is a symptom, not a cause. Lawyers are paid to exhibit the necessary cognitive dissonance their clients require. Whatever aberrations or iniquities arise from this are simply denied by yet more cognitive dissonance.
Thanks for answering this FAQ.
Businesses don't have to delude themselves to succeed either.
After the video reached 1.5M views (over a couple years), the video was eventually demonetized (no official reason given). I suspect there was a similarly-frivolous DMCA / claim, but at that point in my life I didn't have any money (was worth negative) so I just accepted YouTube's ruling.
Eventually shut down the account, not wanting to help thieves bypass one of the most-common utility locks around — but definitely am in a position now where I understand that videos like mine and McNally's force manufacturers to actually improve their locks' securities/mechanisms.
It is lovely now to see that the tolerances on the #175 have been tightened enough that a paperclip no longer defeats the lock (at least non-destructively); but thin high-tensile picks still do the trick (of bypassing the lock) via the exact same mechanism.
Locks keep honest people honest, but to claim Master's products high security is inherently dishonest (e.g. in their advertising). Thievery is about ease of opportunity; if I were stealing from a jobsite with multiple lockboxes, the ones with Master locks would be attacked first (particularly wafer cylinders).
This even works with bigger padlocks, you just need two really big wrenches and a buddy to help you.
This was an outdoor unit, the thieves came in over the fence (the barbed wire on the fence didn't slow them), and left the same way. If I had anything valuable, I'd keep it in an indoor unit where at least there's a locked door in the way.
Barbed wire doesn't work for humans, especially humans who have some familiarity with it.
Without even exotic tools, what are the odds the door the lock is attached to will withstand a crowbar? Or the same mallet and force concentrator applied to the door/hinges/where the lock attaches?
A while back I was making a point about the border wall farce--and found everything I would need to do "portable" plasma cutting on said wall on Home Depot's website. Not pick it up type portable, but put it in a wagon type portable. (Generator, not batteries.)
Not a plasma cutter, but same power class, and certainly able to heat a padlock shank to melting. https://www.dewalt.com/product/0447800880/esab-renegade-volt...
You can also make your own stick electrodes from coathanger wire tightly wrapped in paper.
I couldn't tell you how many pairs of sunglasses you should parallel to protect yourself...
This rig, on the other hand, is something you could pack into just about any plant and fix something with without raising any eyebrows. If you have $5,000 to spend, that is. Super handy for small jobs in hard to access places.
I'll have to keep my eye out for the Home Depot buy a battery and get a free tool deal on those.
Or, more realistically, to convince an insurer that we've made a token effort to keep them out.
Similarly, I know the lock on my front door is not going to stop anyone who really wants to get inside, but it does stop drunk people or bored kids from wandering in because it's easy.
They are bringing in bolt cutters to locker rooms. The locker metal loop that the lock threads through is easier to cut than the lock. I've first hand seen lockers destroyed to remove the lock. Not while the break in is happening but it's easy piece the crime scene back together to understand their tools.
Manual bolt cutters are almost silent except for the "thunk" when it breaks the metal, and there are even battery operated bolt cutters that are quick and compact.
A neighbor secured his expensive bike with a hefty lock and chain around a tree in our courtyard. Bad guys brought a saw. I still miss that tree.
We broke into our own lockers the whole time with metal rulers back when I was in school because of forgotten keys or just because it was quicker opening them that way than actually unlocking and relocking them. (And of course the more students did this, the more worn the metal became and made it even easier the next time)
Most locks are only good if the attacker doesn't have any tools.
The main thing locks do is make it noisy to get in.
Saw the same, except it was bolt cutters.
I never caught any big sharks like I thought, but now my wife runs a restaurant and occasionally employees just don't show up to work and leave things in their lockers. Once in a while it's clear it's to be annoying (locking supplies in their locker).
Never met a padlock or combination lock I couldn't shear through easily. Totally has paid for itself.
https://www.amazon.com/Lothee-Hydraulic-Cutting-Portable-Han...
And there are powered models too. The 3-foot snippers are long out of date for thieves.
This is why I don't like such black-and-white opinions... I think the answer is rarely so simple.
It's common in more upper-crust / educated circles to shit on people that use more course, black and white language. I believe it has more to do with cultural divide than misunderstanding that rare/corner cases exist.
In another recent exchange on HN, I was damned for using the word 'never.' They didn't even explain why, just said they wouldn't believe people that used it. I was using it in the redneck sense "you'll never get that girl" as in it's extremely unlikely to the point it's hardly worth even considering, rather than the nerded out version that it means the chance is literally precisely 0.
I understand your statements as you mean them - I default to giving you the benefit of the doubt, and automatically assume that black and white statements are shortcuts. Only, and only if you seem to not understand nuance then I will adjust my stance, but I usually assume you do!
The difference becomes clear very quickly - if there's a genuine misunderstanding, someone will clarify and move on; if someone is trying to rules lawyer the conversation, it won't.
For those interested in the actual case, here's some deeper coverage of this bruhaha including how Lee may have perjured himself during deposition.
How so? And what region are you referring to? There are many countries in the world with vastly different laws.
(for those missing out: https://en.wikipedia.org/wiki/AACS_encryption_key_controvers...)
Don't you live in a good neighborhood?
But where will you park your car when you go to work? You have to lock it.
I don't think that's a trusted environment or "good neighborhood". But then I basically use "can leave front door unlocked with zero worries" as the threshold for "trusted environment".
But those environments and neighborhoods definitively exists today across the world, although they're probably becoming less and less common.
In practice, in addition to the usual bugs you would expect from a software-based system managed and maintained by a plethora of organizations and contractors, they tend to become very annoying as parts wear out, so you have to fiddle with the key reinserting it repeatedly trying to find just the right angle so it will make a good contact to be recognized by the lock (for example the iLOQ system by my landlord communicates over a thin contact strip molded into the key opposite of the cutting and separated from the rest of the key with a thin layer of plastic).
Someone : “Sucks to see how many people take everything they see online for face value,” one Proven employee wrote. “Sounds like a bunch of liberals lol.”
The company : Proven also had its lawyers file “multiple” DMCA takedown notices against the McNally video, claiming that its use of Proven’s promo video was copyright infringement.
When did facts and enlightenment started to be for "liberals lol" ?
Freedom of speech based on facts should be universal.
To be fair that's not what we have in USA. For instance, a nurse who never even signed a private privacy agreement with anyone (unusual, but could happen) could violate HIPAA if they factually tell a patient's spouse the patient is being treated for AIDS and they ought to watch out.
For what exactly would this fly-by-night nurse be telling me to “watch out,” in relation to my partner who’s living with and being treated for HIV?
One hopes this nurse, being medically trained and apparently working with vulnerable populations, understands the efficacy of the modern HIV therapies the patient is receiving. That, when managed, HIV is not transmissible by conventional marital means [0]; and that, until recently at least [also 0], concerted public health efforts have meant that most anyone who seeks medical attention ends up on those modern therapies.
That said, I hope said nurse would catch me in a charitable mood rather than a litigious one.
[0] https://www.cdc.gov/global-hiv-tb/php/our-approach/undetecta...
You're just explaining why stating the fact should be illegal.
>[0] https://www.cdc.gov/global-hiv-tb/php/our-approach/undetecta...
I said AIDS, not HIV. I am no AIDS expert but I would be shocked if a large portion of people AIDS had no detectable viral load, while people with HIV commonly do not have detectable one. Wouldn't people with no detectable viral load generally not being exhibiting AIDS?
It sounds like we’re agreeing that you’ve given a good example of why it both is and should be that way.
And that, in US jurisprudence anyway, speech tends to be allowed unless there’s a broader social interest that’s served by protecting the specific categories of facts in question.
With the slight caveat that I’m not sure that “should watch out” is a fact, it sounds like an opinion to me (and one that’s potentially unsupported by the facts). In fact, don’t people governed by HIPAA still have a duty to report situations of actual or likely physical harm—for example if a minor presents with signs consistent with abuse [0]? Or even, in your example, if the provider became aware that the HIV-positive patient, out of malice or negligence, were declining treatment, exhibiting substantial viral load, and asserting that they intended to continue with behaviors that put the partner at risk?
[0] https://www.hhs.gov/hipaa/for-professionals/faq/2098/if-doct...
It still feels wrong to me, but that's how it is.
It didn't. That's one employee of the company, who has a clear bias in the matter, being ridiculous. It has nothing to do with liberal ideology, nor critique of liberal ideology, nor whatever sort of person that employee thinks should be considered a "liberal", nor their ideology. It's only the employee who even suggests that, and probably not even seriously.
I wonder if anybody tried suing him…
My bad though, LPL did warn about this.
You need to be more specific with what "truly secure" means.
There are always assumptions built into lock design. A simple lock is very secure if a fence is jumpable, most people will jump the fence rather than mess with a lock.
Even a complex lock will never be secure for national secrets (like nuclear missiles), you need to just assign guards. Locks exist but are basically a formality (IIRC, many tanks and airplanes are left unlocked because all the security posture is with the military and the lock itself is too much of a hassle for logistics).
------
Fort Knox itself was designed to be safe from Nazi invasion. If the Nazis invaded New York City, they won't find any of the governments gold. The 'lock' in this case is the miles and miles of geography the Nazis would have to navigate before reaching Fort Knox.
https://www.stlouisfed.org/publications/regional-economist/f...
Good locks buy you two things: Deterrence (maybe), and a set minimum of time and noise requirements to bypass them. If your lock reputably takes 3 minutes to pick or a Ramset gun to blast them open, make sure your guard comes by every two minutes, and otherwise stays in earshot.
But if that's not the threat you are trying to protect against, there are locks that are sufficiently secure that picking or other "low-impact" defeat attempts are considered pretty much pointless. Abloy protec2 comes to mind.
I want to build a front door with reactive-explosive armor. The team might get through the door, but not the guy with the cutting torch.
Can't be stuck if it's runny.
The definition of “normal” varies by region. In European cities, it means a pretty heavy door of multiple layers of steel (and pretty unpleasant stuff in the middle) that would probably take 15 minutes of deafeningly loud cutting with a circular saw. I understand the standard for US suburbs is much lower (as it might as well be, given windows exist and the walls aren’t all that sturdy either).
Rude words.
Can't get a locksmith that can pick that particular Ingersoll lock. Can't get a replacement key because the certificate is in the room, and you'd have to drive down to England to get it. Can't jemmy the door open, it's too strong.
Wait.
There's a guy who parks an old Citroën in the car park, I bet he has tools, doesn't he work for that video company downstairs? Let's ask him.
So yeah it took about ten seconds to get in to the secure room. I cut a hatch through the plasterboard with a Stanley knife, recovered the keys, taped the plasterboard back in place, and - the time-consuming bit - positioned their office fridge so no-one could see it.
A swift appointment with an interior decorator was made by a certain C-level exec, and a day or two later there was a cooler with about 25kg of assorted kinds of salmon and a bottle of whisky left in my edit suite.
Physical locks are for honest people. They signify that something is not meant to be accessed and at best slow down someone actively trying to access the other side of the lock.
If I can go out on a limb here, I also think I recall that they have very specific things they look for. For instance they will often run straight for the master bedroom and start pulling out drawers/checking closets because people tend to keep jewelry in there. They want small items.
Anything that slows them down tends to deter them even if they make an initial attempt
You can spudger one of the glass units out and back in from the outside, without leaving a mark.
They look better than they are.
I watched his video on high-security shipping container locks. Jeez, two minutes long? They must be tough!
No, it was two minutes long because he bypassed ten of them, one after the other.
Granted, in this day and age, it's a disgrace to still make locks that can be shimmed. Especially when the shim-proof alternatives they show just have an additional notch to catch the shim.
Sometimes a single question tells you how the entire case is going to go.
> Proven also made a highly unusual request: Would the judge please seal almost the entire court record—including the request to seal?
Tough at first then running away with the tail between their legs. Typical bullying behavior.
> but Proven complained about a “pattern of intimidation and harassment by individuals influenced by Defendant McNally’s content.”
They have to know it's generated by their own lawsuit and how they approached it, right? They can't be that oblivious to turn around and say "Judge, look at all the craziness this generated, we just have to seal the records!". It's like an ice-cream cone that licks itself.
> the case became a classic example of the Streisand Effect, in which the attempt to censor information can instead call attention to it.
A constant reminder to keep the people who don't know what they are doing (including the owners of the company!) from the social media.
I'm just guessing based on the contents of the article, but it sounds like a typical "hard-fist founder-run company" so good luck convincing the founder to not sit on social media and argue their points.
- Receiver pin lock similar to the one highlighted here (but probably not that exact one) - Wheel lock / boot - Receiver coupler lock (locks inside the cup-shaped receiver, presenting somebody towing the trailer with an undersized ball) - Secured storage lot / garage
But, basically all options are only going to stop random opportunistic thieves. If somebody really wants whatever you're protecting, they'll find a way. That's why insurance exists.
There's no such thing as bad publicity. People say this for a reason. It's true. I'm willing to bet that their sales have only increased since this started.
I'd buy it.
catlikesshrimp•7h ago
The correct support for a just cause must have been constructive: providing financial support for the defendant, public manifestation campaign, professional lobbying, etc
Although this time I agree with the defendant cause, the response by the public was as toxic bullying as the plaintiff, only stronger.
tyleo•6h ago
Emotionally I disagree with you. It feels like a bully is getting what a bully deserves. Logically, I think you are right though. Crowds just aren’t equipped to handle these situations. There are cases where the wisdom of the crowd is correct, but there are many more where it multiplies harms.
The underlying problem is that it never feels like justice is being served. Another comment mentions that there should be harsher punishment for false DMCAs. I don’t think the “wisdom of the crowd” approach is the best way to write those wrongs but I lament that modern justice has not been up to the task.
mikestew•6h ago
MBCook•6h ago
People can make fun of the company all they want. That’s fair game. They shouldn’t be calling the guy’s personal phone or harassing his family, that’s totally over the line.
But nothing happens. The behavior gets a pass so it continues to become more common. That passes for debate now.
ipaddr•2h ago
greedo•5h ago
McNally obviously did the correct thing it seeking counsel and basically demolishing Proven's case in court. Too bad the SLAPP stuff doesn't work with DMCA takedowns.
And everyone else cheering on the sidelines (who isn't a paid shill of Proven's like the guy making the "liberal" comment)? Well giving Lee's company shit is fine IMHO. Call up the publicly available phone numbers, make service requests to flood his business etc. Fine with me. You poke the Internet bear, you get some claws.
As to the threats? If they actually occurred (which is questionable considering the BS Proven has been saying), then let the authorities know about them. That's not on McNally at all, it's more Lee being a jerk who doesn't know about the Streisand Effect, combined with social media companies that allow stuff like that to happen. It's also a good idea to not expose too much info about your personal life on social media that can be linked to your business, opsec ya know?
mindslight•5h ago
I think you're confusing who filed the lawsuit here. That was also the lock company owner as well (Lee/Proven).
While I agree that flash mob harassment from the Internet is a terrible dynamic, filing baseless lawsuits has been a longstanding way to predictably summon them. So if the table stakes of launching or defending these type of aggressive attacks have gone from a significant amount of money for attorneys, to a significant amount of money for attorneys plus public relations and/or having a large audience, does that really actually change much? Either way most people simply don't file lawsuits, even if they've been actually wronged, due to the extreme personal stress.
The straightforward way of diminishing mob justice is to make people believe the system provides justice. If we lived in a society where McNally would predictably win the lawsuit [0], and be predictably compensated for his expenses/time/emotionalDistress for being on the receiving end of this baseless SLAPP, then there would be much less mob outrage to begin with. As it stands, everyone can imagine themselves receiving these types of legal shakedown letters, but having much less power to push back.
[0] it sounds like this particular suit was slapped down pretty hard and "quick" by the standards of the legal system, but there are many similar cases that don't go this way