# Beastie being used in a bad light...



## EddieNYC (Oct 18, 2009)

Over at tmonews.com, they are using Beastie as having something to do with the Tmobile/Sidekick data outage.

Just an FYI x(

http://www.tmonews.com/2009/10/sidekick-users-start-seeing-data-return/comment-page-1/#comment-22388


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## rbelk (Oct 18, 2009)

I have emailed Kirk McKusick about this. If I get a response, I will post it. Here's my reply I put on tomonews.com, it will probably get deleted!

*I have contacted the Copyright holder of the Beastie Daemon about this issue. His name is Kirk McKusick, and the copyright page he has is at http://www.mckusick.com/beastie/mainpage/copyright.html. This picture is a flagrant abuse of his copyright and attempts to somehow blame the Sidekick issues on FreeBSD.*


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## saxon3049 (Oct 18, 2009)

Looks like some one googled "Devil with a fork" and found or little chum and didn't give a crap about the FreeBSD OS or the community.


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## rhyous (Oct 18, 2009)

Well, the message is about a Sidekick and the image is called netbsd_sidekick.jpg, which I find very strange.


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## rbelk (Oct 19, 2009)

Kirk McKusick responded gave me permission to post his response from them email I sent him.

*Thank-you for your notice of daemon misuse. I share your concerns especially when the daemon is used in such an inappropriate way. I have sent an email and postal letter to the registered site owner asking them to find another icon for their site. Unfortunately owners of sites such as that one nearly always ignore my requests and I do not have the financial resources to force their hands. Still, every now and then I am surprised and they do honor my request. More importantly, they at least know that they are violating a copyright and that someone cares.*


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## Eponasoft (Oct 19, 2009)

The amusing thing is that it is not actually hard to get permission to use the daemon...I did.


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## overmind (Oct 20, 2009)

You must not send the DMCA notice to owner of the website but to the web hosting company. If the web hosting company is based in US it will notice their customer to remove that picture otherwise it will shut down their account within 24 hours. Usually this is how it works with hosting companies in US. Kirk McKusick should send a DMCA notice regarding that picture to the webhosting company.


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## rbelk (Oct 20, 2009)

I also got permission, it's real easy as long as you don't bash the beastie. 

Overmind, is it OK if I send your response to him?


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## overmind (Oct 20, 2009)

yes, of course.

One friend of mine saw his pictures (he is a photographer) on a website, he sent DMCA notice to the hosting company and they send a warning to the owner of the website with that photos to remove them and if not in 24 h they will take down the account. 

Of course this works only if the web hosting company/isp is located in USA.


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## aragon (Oct 21, 2009)

It looks like it's gone?


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## EddieNYC (Oct 21, 2009)

I sent another email to David and he responded tonight:

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Ed, I have removed the image and apologize for any use of the image. I did download the image from a Google image search so please direct your attention to removing the images from the host site. 

David

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Yippeee!!!!!!!!!


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## CodeBlock (Oct 21, 2009)

EddieNYC said:
			
		

> I sent another email to David and he responded tonight:
> 
> ------------------------
> 
> ...




As if it's not possible that the site that he got it from has permission to use the image... Some people need to get it together.


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