20 February 2002
In response to these messages describing US Custom's refusal to allow import of a "DC-coder cable" due to an alleged DMCA violation, Cryptome placed an order for the DC-coder cable on Feburary 13, 2002, and today it arrived by Global Express Mail, thus demonstrating a double standard for DMCA-retricted import based on type of shipping system. Documentation on the order and receipt below.
[Thanks to SJ, on DVD-Discuss list.] (Forwarded from DMCA Discussion list, email@example.com) -------- Original Message -------- Subject: [DMCA_discuss] Shafted by the DMCA Date: Tue, 12 Feb 2002 10:59:34 -0600 From: Colin McMillen <firstname.lastname@example.org> I currently have a run-in with the DMCA that I believe may be relatively unique. I'm currently enrolled in a Real-Time Systems lab here at my university (U. of Minnesota). As part of the lab, we are using the Sega Dreamcast console as an RTS; we'll be writing a scheduler for it and some simple games. I believe (although I can't currently find the link) that the Sega executives have officially said it's OK for "amateurs" to develop for the Dreamcast, especially since they no longer produce/support the console. I ordered a Dreamcast Coders' Cable (a little device that plugs into the DC and allows you to upload your code at 115200 bps to the DC) from lik-sang.com, a dealer based in Hong Kong. This is a necessary item for amateur DC coding (unless you want to fork out the money a more expensive piece of hardware that does the same thing but with a higher transfer rate). The package was supposedly shipped UPS express, to arrive here in 3-5 days. After nearly two weeks of waiting, I determined that the package had been sitting in a warehouse in Louisville for over a week. I e-mailed UPS customer service about the delay, and got the following response: "Thank you for your inquiry. We sincerely apologize for any inconvenience caused by this matter. Our system indicates this package has been denied entry into the US by US customs authorities due to the DIGITAL MILLENNIUM COPYRIGHT ACT. The shipper of record has been notified and the package will be returned to the shipper." Now, I have a perfectly legitimate use for this cable, and no illegitimate use, I do not own any DC games, legal or pirated, nor do I have any real desire to. Classes simply take too much of my time. The DC isn't even mine; it's my roommate's. My questions are: do I have any legal recourse? For all I know, the $45 I spent on the item and its shipping are gone forever; I have no idea what my chances are of getting it back from a retailer in a foreign country. Should I push this issue with the customs offices? At the very least, I'm going to snail-mail my local legislators. Any other suggestions, though? - Colin McMillen ------------------------ http://www.anti-dmca.org ------------------------ DMCA_discuss mailing list DMCA_discuss@lists.microshaft.org http://lists.microshaft.org/mailman/listinfo/dmca_discuss
(Forwarded from DMCA Discussion list, email@example.com) -------- Original Message -------- Subject: [DMCA_discuss] Shafted by the DMCA - update Date: Tue, 12 Feb 2002 15:18:25 -0600 From: Colin McMillen <firstname.lastname@example.org> Update on this situation: earlier today, I received a phone message from an employee of UPS. The message was as follows: "This is [name removed] from UPS. I'm returning your call in regards to your shipment from Hong Kong that has been denied entry. US Customs has denied entry on this shipment because it is a copyright violation...." [5-second pause] "... and that is why they have denied the entry on it. If you have any further questions you can reach me at [number removed]." I called the employee back, and was basically informed that there was nothing I can do. She said she could not give out any contact information regarding the person responsible for the customs rejection. She also stated that there is no way to overturn the customs decision after it has been made. The item has supposedly been sent back to the shipper, so I'm hoping to at least get a refund. Meanwhile, a kind individual here in the US has agreed to sell me two of his cables, so at least I'll have the appropriate materials for my class soon. - Colin McMillen ------------------------ http://www.anti-dmca.org ------------------------ DMCA_discuss mailing list DMCA_discuss@lists.microshaft.org http://lists.microshaft.org/mailman/listinfo/dmca_discuss
From: "Lik Sang Alex" <email@example.com> To: <firstname.lastname@example.org> Subject: Thank you! Date: Fri, 15 Feb 2002 20:00:43 +0800 Dear valued customer, this email is not an automated system mail but a mail directly from the desk of Alex at Lik Sang. I am one of the owners and I would like to thank you personally for your order you have made within the last couple of days. I also would like to wish you a happy lunar new year; even though I know this doesn't mean much to you ;-) We are going through the Chinese New Year holidays right now and we are trying our best to get your order shipped and your emails replied in due course. We are working under high pressure but happenings like courier holidays and the yearly electricity failure test in the building forces us to temporarily shut down our servers and also makes it impossible to ship our goods when WE want to ship them out. We expect to catch up with the order / shipping back log by Tuesday and Wednesday, which means your order should then be shipped out if no other unpredictable problems arise. I'd like to express my apologies for any inconvenience caused by the recent delays. Best regards, Alex Lik Sang International Limited <http://www.lik-sang.com>
Date: Sun, 17 Feb 2002 20:05:51 -0600 To: email@example.com Subject: Your Order From: Lik Sang Shipping <firstname.lastname@example.org> Dear John Young, we are glad to inform you that your recent order has been shipped out. You can find your parcel tracking information by simply clicking on the link below. You must have saved your user data in a cookie for this to work. Alternatively you may log in manually and copy paste the URL into your web browser's address bar afterwards. http://www.lik-sang.com/catalog/account_history_info.php?order_id=45375</a> For your reference, your registered e-mail address and password: Your email address is: email@example.com Your password is: *** HIDDEN *** Please note that usual Airmail shipments take approx 7-20 days to arrive depending on the destination, while express services will reach your country in mostly 2-4 days only. Only UPS shipments can be tracked online globally. We like to thank you for choosing Lik Sang, your Hong Kong video game export specialist and would be pleased to assist you with any other purchase in the future. Your Lik-Sang.com Team http://www.lik-sang.com PS: Did you already check out the Flash Advance 256M Ready to Go set? It is the first professionially mass produced development and backup device for the Gameboy Advance and contains all you need to start: The linker, a 256M flash card and the connection cable. Now in stock for a lowered price of US$ 199 only! Click on the link below or simply copy and paste it into your browser: <http://www.lik-sang.com/?click=pi,0,1462>
Received 20 February 2002: