[Synoptic]

As some of you know, I host PGMFI.ORG forum on one of my servers.
On may 13 2006, a guy posted a software that could download the content of Hondata's K-Pro ECU. I was contacted by PGMFI around May 14 and they asked me to verify that the file was truly deleted from the server, and it was.

One month later, here is what I find in my mailbox :

Link removed, but I can say they want me to comply by providing information I do not have.

What should I do ? By the way, I do not have ANY kind of web activity logging going on the server. All everyone knows is that the file posted was downloaded 23 times.

What should I do ?
You should know that I am Canadian and live there.

 

[shadowcrx]

stuck between a rock and a hard place man........... consult with a lawyer and explore your options bro

 

[grouch]

The letter specifically says something to the effect of "federal and california law". You're a little outside that. I'm not saying you're completely immune, but its a factor.

I would get a lawyer to draft a nice response outlining your actions/compliance with their list of demands. If you've made a reasonable effort to comply, they'll have to decide if going after you outside of the US will be worth the effort (I'm betting "no"). As for lawyer expenses, it won't be much, but I'm sure a collection on PGMFI.org could be made.

They might be seeing this as a bonus...they get to stop the intellectual property theft, but also the venue for the intellectual property theft just happens to be the home of several competitiors of the Hondata product.

 

[KOTUS]

I dont quite understand.
Someone posted a utility that enabled you to extract data from a hondata unit?

So I assume because it's hardware specific that it would only be useful to people who had that same unit? So ...err.... I dont see the harm. Hondata isn't losing customers. It's customers, simply, have an extra tool at their disposal?

 

[bobski]

So I assume because it's hardware specific

Is it? They may be taking such a heavy-handed approach because the ECU they're selling is either stock or only lightly modified from a hardware view point. If so, someone could effectively get a ~$1,000 ECU by downloading and installing a copy of Hondata's ROM file.

Link removed

I take it they want the IPs of the uploader and/or those that downloaded the program? Assuming the file is an original work and not something Hondata created, I don't know that they can force you to give up that information, even if you had it to give. If the ROM file was somehow encrypted and the program defeated that encryption, the DMCA might have some bearing on the situation. But if the program simply reads data that's sitting there plain and clear...
Yeah. Talk to a lawyer. Hondata may be trying to intimidate you into doing things you're not legally required to do. :?

 

[stick]

Firstly, clearly state your willingness to assist them in their efforts to the full extent that is technically possible given your server implementation. For the information you do not have, I would inform them that you simply do not have the information that they are requesting. Be as factual as possible about the reasons why said information does not exist.

Remember, you have no control over other people's actions in a public venue, and you stepped in to remedy the situation swiftly upon learning of the offence. You are not in a liable position for any damages resulting from this members illegal activities. Corporations tend to try to play hardball and intimidate, because it's the cheapest way to enforce their agenda. Dragging an individual through the courts with little hope for any recovery of damages and costs is not in their best interests.

Now may be a good time to implement some kind of logging, or implement restrictions on uploading and downloading of files. This may come in handy for future similar situations.

 

[stick]

They might be seeing this as a bonus...they get to stop the intellectual property theft, but also the venue for the intellectual property theft just happens to be the home of several competitiors of the Hondata product.

The swiftness of the response leads me to be suspicious of this whole situation actually. Corporations often do very shady things in order to bury their competition. I bet Hondata had a part in the posting of the original content to start with.

 

[ryan_long_01]

1. Hire a lawyer.
2. Have him draft a response letter to Hondata.
3. Have him write up a disclaimer/acceptable use policy/whatever is neccesary for your website to prevent you from being liable for anything like this again.
4. Stop posting about this on a public forum that anyone can read

Ryan

 

[Dren]

Hondata feels threatened, and they should because these free products are just as good as what they offer. Talk to a lawyer. It may cost you a few bucks in the end but I'm sure a collection could be taken up at PGMFI.org.

 

[downest]

Hondata feels threatened, and they should because these free products are just as good as what they offer. Talk to a lawyer. It may cost you a few bucks in the end but I'm sure a collection could be taken up at PGMFI.org.

Or here and other similar groups. I don't frequent the PGMFI forums, but I know I and a lot of other people have benefitted from the free information there. We should all give back a little... it's important to support this open source stuff, imagine if there was ONLY Hondata!

 

[Dren]

And not to knock hondata, they put out a good product and work hard at putting new stuff out. This just sounds like they are trying to scare you. Good luck with it all.