Re: Re: Cisco's stolen code

[Valdis.Kletnieks () vt edu]

On Wed, 26 May 2004 10:11:04 EDT, Glenn_Everhart () bankone com  said:
> Possession of the code does not prove one has copied it though.
> If someone posts it on usenet, he is copying it to numerous servers,
> but the recipient is certainly not acting as the copying agent. Similar
> if someone who has the code does ftp send to drop copies on someone
> else's server: the person who receives such a copy is not the one who
> performed the copy action.

Actually, the recipient *is* also liable.  For that matter, as the law stood
before the DMCA was passed, the *ISP* was liable too. That's the specific
reason why the "ISP Safe Harbor" provision of the DMCA exists - it basically
boils down to "the ISP is not liable for their user's actions *if* they do
something about it when notified of an infringement".

http://www4.law.cornell.edu/uscode/17/512.html

That whole section was specifically written so the ISP can't be sued down to
their skivvies because their Usenet server happened to have a copy of infringing
material on it.

That's why the RIAA and MPAA send '512 Takedown' orders to ISPs - otherwise
they'd be suing the ISP *and* the user.....

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