RE: [7.8.2002 44916] Notice of Copyright Infringement

[BRAD GRIFFIN <b.griffin () cqu edu au>]

Hi folks

My uneducated interpretation of this would be that *if* you acknowledge an infringement issue, then you *could* be 
requested to divulge the details of who made the infringement. This *could* open you to breach of privacy litigation by 
the guilty party. In effect you would end up being the 'meat in
the sandwich'.

Cheers,
Brad

-----Original Message-----
From: Steve Zenone [mailto:zenone () cats ucsc edu]
Sent: Friday, 12 July 2002 02:16
To: vuln-dev () securityfocus com
Subject: RE: [7.8.2002 44916] Notice of Copyright Infringement


Hello Folks,

I have a question to ask you: Do you believe it is advisable
to reply to infringement complaints regarding copyrighted 
material informing the notifying party that the material has 
been removed from the subscriber's system? I will quote a 
concern below:

"The DMCA does require that we not be a party to infringement
and that we as the system operators stop infringement when
we are aware of it.  But we are not required to 'ACK' that
anything illegal here ever happened.  Nothing you can say
will reduce our liability.  What you do say could be used
as evidence that we agreed there was a problem and further,
that we know who did it.  The law doesn't require that we
give such assistance."

Would the assumption that our liability increases by replying
to an infringement notice be correct? 

Thank you.

Regards,
Steve