Re: [7.8.2002 44916] Notice of Copyright Infringement

[Valdis.Kletnieks () vt edu]

On Sat, 13 Jul 2002 11:03:41 PDT, noyfb said:
> Does the DMCA limit MPAA to going after the end point provider?

The MPAA isn't going after the end point provider.  The MPAA is requesting
that the end point provider deal with a customer that is apparently infringing
on MPAA materials.  It's going after the *user* who the end point provider
is selling access to.  This is an important point that people overlook -
when Virginia Tech receives a note from the MPAA, they're not going after VT,
they're requesting that VT provide assistance in dealing with a *user*.

And in the vast majority of cases, we can resolve the situation without ever
providing the MPAA *any* information about our user (which we wouldn't do
without a subpoena anyhow - of course, if a valid subpoena shows up, we don't
have much real choice in the matter).

> What would happen if they sent a similar letter to a backbone provider such
> as Sprint complaining about Cox allowing such activities?

17 USC 512 specifically says that Cox is *NOT* required to monitor, restrict,
or otherwise deal with such activities as long as they deal expediently with
complaints when they arrive.  Notice that Cox has the ability to deal with
the offending user, since they are a Cox customer.

And Sprint would be even less liable than Cox is, since Sprint *doesnt* have
any effective way of turning off the user (for the technically minded, the
best that Sprint can do is install a blackhole BGP route for the /32, which
probably won't even Do The Right Thing if it's a DHCP'ed address - and most
of Sprint's BGP peers won't accept a BGP announcement over a /19 or so).
-- 
                                Valdis Kletnieks
                                Computer Systems Senior Engineer
                                Virginia Tech

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