Security Basics mailing list archives
Re: Botmasters/Victims and DMCA
From: Lane Christiansen <lanec42 () gmail com>
Date: Tue, 15 Sep 2009 20:15:14 -0500
On Tuesday 15 September 2009 10:09:40 am Viva Colombia wrote:
Hi all, my question (for a legal paper that I'm writing) is whether a botmaster and a person whose computer has been recruited in a botnet can be considered as service providers, according to the broader definition of service provider provided by 17 USCĀ§512(k)(A-B). I've found court decisions and some opinions, but none refer to botmasters, they would only allow me to conclude that if theirs is an IRC botnet and they provide, for example, chatting services through their command & control bots, then they would indeed be service providers as per the DMCA; but I found nothing related to whether peers in P2P botnets or networks can be taken as service providers, bearing in mind that they are used as storing devices and communications or transmittal nodes. I'm trying to analyze whether they could be held liable for violations of the Copyright Act when said violations take place through and thanks to the botnets and thanks to the negligence of the owner of the infected machine (who did not protect it appropriately), and if they two could successfully use the safe harbor provisions on their behalf. I hope I'm not too confusing... Thx!
I can't comment on this (IANAL), but I'd be very interested in reading your paper - it'd be awesome if you could post it here when you're finished!
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Current thread:
- Botmasters/Victims and DMCA Viva Colombia (Sep 15)
- Re: Botmasters/Victims and DMCA Lane Christiansen (Sep 16)
- RE: Botmasters/Victims and DMCA Ian Bradshaw (Sep 17)
- Message not available
- Botmasters/Victims and DMCA Viva Colombia (Sep 17)
- Message not available
- Re: Botmasters/Victims and DMCA Viva Colombia (Sep 23)
- Re: Botmasters/Victims and DMCA Lane Christiansen (Sep 16)