more on upon suspicion .. Verizon to Police Web Customers To Protect Disney From Piracy -- a response from Dan Bricklin

[David Farber <dave () farber net>]

Begin forwarded message:

From:
Date: September 25, 2005 8:19:08 PM EDT
To: dave () farber net
Subject: Re: [IP] upon suspicion .. Verizon to Police Web Customers  
To Protect Disney From Piracy -- a response from Dan Bricklin


Dave, If you want to use this remove my name please - I'm feeling a  
bit conspicuous.

Aside from all the other worms in this can, and it looks like a very  
large and crowded can, how on earth can this be enforced without  
blowing up in Disney or Verizon's face ?

A thought experiment  if you will.

Say I put up the following password protected zip files on my verizon  
"Personal Web space of 10 MB"
as advertised at http://www22.verizon.com/about/community/tx/ 
technology/fios_fact.html

appropriated-disney/little-mermaid.zip
appropriated-disney/sleeping-beauty.zip
appropriated-disney/beauty-and-the-beast.zip
appropriated-disney/3-pigs.zip
appropriated-disney/Hunchback-of-Notre-Dame.zip
appropriated-disney/Pinocchio.zip
appropriated-disney/Cinderella.zip
appropriated-disney/Snow-White-and-the-Seven-Dwarfs.zip
appropriated-disney/20000-Leagues-Under-The-Sea.zip
appropriated-disney/Aladdin.zip
appropriated-disney/Rapunzel.zip
appropriated-disney/Swiss-Family-Robinson.zip
appropriated-disney/Treasure-Island.zip

So now some questions

What are Verizon  or Disney going to do?
Is there any reason to serve subpoenas or terminate service?
If they do so inappropriately, can I sue Verizon  or Disney?

If Verizon  or Disney open the files to see what they are, which  
turns out to be the public domain text and my copyrighted commentary  
about how Disney appropriated these public domain works for the  
Disney films, can I sue under the DMCA?
Would someone at Verizon  or Disney go to jail like Dmitry Sklyarov did?

If someone with a Verizon web page distributes my copyrighted  
photograph without my permission can I sue Verizon?
If someone with a Verizon email account quotes my email in her email  
without my permission can I sue Verizon?
Is there anyone at Verizon who is smarter than a sack of wet hammers?
Can Verizon's stockholders sue on the basis of verizon voluntarily  
giving up their common carrier status and opening themselves up to  
untold liability?





David Farber wrote:


> Begin forwarded message:
>
> From: Tim Onosko <onosko () gmail com>
> Date: September 25, 2005 9:51:53 AM EDT
> To: dave () farber net
> Subject: Re: [IP] Verizon to Police Web Customers To Protect  
> Disney  From Piracy -- a response from Dan Bricklin
> Reply-To: tim () onosko com
>
>
> Here is the actual text from Verizon's press release about their   
> agreement with Disney.  I don't know how much clearer this can be.
>
> "Under the agreement, Verizon would forward and track notices to  
> its  subscribers allegedly engaged in the unauthorized distribution  
> of  Disney' s copyrighted works, without identifying the  
> subscribers to  Disney, and either provide subscriber identifying  
> information  pursuant to lawfully served subpoenas or terminate  
> Verizon Internet  service provided to subscribers who have  
> infringed Disney copyrights  and received multiple notices."
>
> http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/  
> story/09-21-2005/0004112313&EDATE=
>
> I think this makes it quite clear that Verizon will actively  
> police  its traffic for copyright violations, through whatever  
> means it has,  on Disney's behalf.  And that, regardless of its  
> past policy of  resisting attempts to obtain subscriber information  
> and identities  via subpoena, this agreement changes that.
>
> This paragraph, as I read it,  also says Verizon may terminate  
> your  service based on suspicion or allegation that you have  
> infringed upon  Disney's copyrights, not actual proof as determined  
> by a third party  such as a court of law.  (How do you get your  
> "member in good  standing back, or your service restored?)   
> Moreover, if Verizon does  not monitor this traffic or continues to  
> resist such subpoenas, it  will not be in compliance with this  
> agreement, and may lose the right  to carry Disney's content on its  
> fiber cable systems.
>
> I don't know how anyone can read this sideways, or think that this   
> agreement is insignificant.  In my opinion, it is quite  
> significant  and may stand a chance of becoming boilerplate in  
> future agreements  between carriers and content providers.
>
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