Hi all… some of you may be aware of the WebSheriff stuff going on, which has affected most of the big Prince fan sites, with each getting a DMCA infringement notice. Basically, this is a letter from an authorized agent of Prince, saying that something on the site infringes his copyright, and must be removed. The interesting thing is that, as part of the DMCA law in the USA, the letter is sent to the service provider, not the site owner directly. So for example, the company that we rent servers from, got the letter and passed it along to us. The letter basically stated (I will include more details later), that there were ~3,500 images in our ‘gallery’ section, that infringed Prince’s copyrights, trademark, or other intellectual property. The way the DMCA notice works, is that the site owner has two choices: 1. take the material down, or 2. file a counter notice to say the material is not infringing, and that they accept being sued within 14 days.
Now, there’s no way that all the images we were asked to remove were infringing–it included images of people’s tattoos, their cars, scans from books that had nothing to do with Prince, newspaper clippings, wire image bureau images, etc. Lots of stuff which might be copyrighted, or not, but certainly, images and images of items, that Prince does not own the rights to (under the DMCA, the rights owner of the specific item being asked to be removed must file the complaint). There were also other problems with the specifics of the request that lead us at prince.org to believe it’s invalid, and we’re following up on that angle as well. Put simply, we believe this to be a bogus, incomplete, and certainly overly broad, even fairly sloppy, request. (In this article I don’t want to get into the “is this fair” or “why is Prince doing this” issues; that’s the topic for another day, and another message.)
That said, you may be surprised to learn that I have decided to temporarily make these images unavailable, nearly 3,500 of them. I would prefer not to, of course, and believe there is no legitimate reason why I should… but this is a purely practical matter. Our service provider, the good people (really!) we rent servers from, aren’t legally in a position to debate the correctness of each image and the request–this isn’t their primary role. They will simply take the ’safe’ road and shut down our server (or something similar, with the same effect) unless we remove them, or else they become liable to be sued. The DMCA is imbalanced in this regard, but this is the reality (remember, this was enacted by the same people who brought you the Patriot Act!) So, essentially, I’ve disabled access to these images so that while prince.org can secure a thorough legal analysis, we aren’t shut down. After all, the image gallery is a small part of the site, and I wouldn’t want to risk having the chat and forums go offline while we wrangle over this… there is principle, and honor, involved here, but this site exists to serve you, the community visitor and site member, and if we’re offline we’re not serving anyone, no pun intended 
So, that’s the quick update… there’s fewer images in the gallery right now, but they’re not gone, we’re just working through legal silliness. The site will continue to run and provide the unofficial, semi-random, relatively unfettered and hopefully entertaining discussions it always has. Watch the staff blog for continuing updates…
[Edited to fix the grammar on the title… feh! -Ben]
