more on copyright takedown experiment

[David Farber <dave () farber net>]

Begin forwarded message:

From: Suresh Ramasubramanian <suresh () hserus net>
Date: October 19, 2004 9:45:07 PM EDT
To: dave () farber net
Cc: psaffo () iftf org
Subject: Re: [IP] more on copyright takedown experiment

David Farber wrote:
> Gosh, I find this heartening as it points the way to an interesting 
> solution that might perfectly invert ISP response.  If ISPs were 
> suddenly deluged by bogus claims of infringement and started taking 
> down

There is of course one little wrinkle to that situation -

http://www.ncsu.edu/copyright/DMCA.html

There are a few criteria specified there on what makes a proper DMCA 
takedown notification. [quoted below this email]

Bogus notifications such as the one that was discussed in the original 
IP article (it showed up on slashdot a few days back) would be in 
violation of at least some of these criteria, especially where 
declarations are made under penalty of perjury.

You called for IP monkeywrenchers, where you really should have called 
for IP civil disobedience activists.

What you are suggesting is somewhat similar to what Gandhi and Dr.King 
suggested, deliberate violation of a bad law, but just as in those 
cases, whoever does this lays himself open to all sorts of nasty legal 
consequences that result from perjury.

        srs

> ‘‘(3)ELEMENTS OF NOTIFICATION.—
> ‘‘(A) To be effective under this subsection, a notification of claimed 
> infringement must be a written communication provided to the 
> designated agent of a service provider that includes substantially the 
> following:
> ‘‘(i) A physical or electronic signature of a person authorized to act 
> on behalf of the owner of an exclusive right that is allegedly 
> infringed.
> ‘‘(ii) Identification of the copyrighted work claimed to have been 
> infringed, or, if multiple copyrighted works at a single online site 
> are covered by a single notification, a representative list of such 
> works at that site.
> ‘‘(iii) Identification of the material that is claimed to be 
> infringing or to be the subject of infringing activity and that is to 
> be removed or access to which is to be disabled, and information 
> reasonably sufficient to permit the service provider to locate the 
> material.
> ‘‘(iv) Information reasonably sufficient to permit the service 
> provider to contact the complaining party, such as an address, 
> telephone number, and, if avail-able, an electronic mail address at 
> which the complaining party may be contacted.
> ‘‘(v) A statement that the complaining party has a good faith belief 
> that use of the material in the manner complained of is not authorized 
> by the copyright owner, its agent, or the law.
> ‘‘(vi) A statement that the information in the notification is 
> accurate, and under penalty of perjury, that the complaining party is 
> authorized to act on behalf of the owner of an exclusive right that is 
> allegedly in-fringed.


-------------------------------------
You are subscribed as interesting-people () lists elistx com
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/