Re: Question about DMCA "stuff" (public computers)

[Leslie Maltz <lmaltz () COLUMBIA EDU>]

Is is possible that the offending system have has been repeatedly
compromised?  If so, recent British cases have presented a successful
defense that the system owner may not be guilty since the offending
activity was done by another who compromised the system.  Apparently
there have been multiple rulings with that conclusion in Britain.

-Leslie

"David L. Wasley" wrote:
> Tracy, Could you look it as analogous to a student who leaves their
> dorm room unlocked and their computer running and then gets hit
> repeatedly with infringement notices but claims s/he didn't know
> anything about it?
>
> Another possible analogy might be if one of the library's public
> computers were to become the source if virus attacks.  You probably
> have a policy that says computers that present a danger to the campus
> can be disconnected.  "Mandated" doesn't mean "allowed to put the
> campus in danger."
>
> In other words, there's always someone or some office responsible for
> "public computers" and "network service" for that computer or
> collection of computers could be shut off for repeated violations of
> campus policy.  The Responsible Person must ensure that the
> computer(s) are configured and managed properly.
>
> If there is really no way to prevent illicit material from being
> installed surreptitiously on these machines, then putting them behind
> a firewall or NAT box might make them less of a problem outside their
> little pen.
>
>         David
>
> BTW: the DMCA requires that the offender's account be terminated but
> does it require that the offender never be allowed to re-establish an
> account?
> -----
> At 10:17 AM -0500 on 11/4/03, Tracy Mitrano wrote:
>
> > Peter,
> >
> > Cornell -- university counsel and judicial administration, not IT --
> > has set three intentional violations as the magic number for repeat
> > offender.
> >
> > Recently we received a third notice, same machine, same file, from a
> > public computer in one of our (contract colleges) libraries.  Do any
> > of you guys have similar situations?  Any creative fixes out their
> > about public (mandated) terminals?
> >
> > Thanks,
> >
> > Tracy
>
> **********
> Participation and subscription information for this EDUCAUSE Discussion Group discussion list can be found at 
> http://www.educause.edu/cg/.

--
Leslie Maltz
Deputy Vice President for IT Planning and Standards
Columbia University
475 Riverside Drive, Suite 504, Mail code 7706
New York, NY 10115
212-851-1820
lmaltz () columbia edu
http://www.columbia.edu/~lm2016/lmaltzcolumbia.html

**********
Participation and subscription information for this EDUCAUSE Discussion Group discussion list can be found at 
http://www.educause.edu/cg/.

Attachment: lmaltz.vcf
Description: Card for Leslie Maltz