RE: [7.8.2002 44916] Notice of Copyright Infringement

[Vinnie Lima <vlima () csc com>]

"Funny, if you are getting
DOSs'd or Spammed to hell, your ISP won't budge to fix it but, the MPAA
sends one letter and they threaten to cut you (the customer) off."

Isnt within the ISP's rights to require a SUBPOENA to do any intrusive
action including, but not limited to, shutting off a user's service? Or has
the new Digital Millenium Act supersedes that right?

I couldnt agree more with your comment above.

Vinnie L.


                                                                                                                   
                    "Vachon,                                                                                       
                    Scott"               To:     vuln-dev () securityfocus com                                        
                    <Scott.Vachon        cc:                                                                       
                    @Paymentech.c        Subject:     RE: [7.8.2002 44916] Notice of Copyright Infringement        
                    om>                                                                                            
                                                                                                                   
                    07/11/02                                                                                       
                    08:41 AM                                                                                       
                                                                                                                   
                                                                                                                   





> IANAL but I would assume, due to the nature of peer to peer networks,
> and seeing how those files are kept in a shared directory, for the peer
> to peer network, that any privacy laws that MAY have applied would be
> nulled.
> However!  I think there may be a case IF the MPAA cannot prove that
> those files were actually their content.  Unless they actually
> downloaded those files, and verified that is was actually their
> property, I don't see how that case could stand in court, based on a
> filename.


Seems to me if everyone refused to listen to the MPAA threats, it would be
all but, impossible for them to prosecute all the "alleged" offenders. I
think you are correct in the above statement. Unless one can prove the
files
have the actual content the MPAA claims as copyrighted, then a termination
or suspension of service would seem unwarranted. Funny, if you are getting
DOSs'd or Spammed to hell, your ISP won't budge to fix it but, the MPAA
sends one letter and they threaten to cut you (the customer) off.

~S~

Disclaimer: My own two cents.