nanog mailing list archives
Re: DMCA Violation?
From: Kai Schlichting <kai () pac-rim net>
Date: Fri, 9 May 2003 12:50:27 -0400
On 5/8/2003 at 10:00 PM, Roy <garlic () garlic com> wrote:
Also, if you simply blow off the notice, you can become liable since you didn't follow the intent of the DMCA to remove copyrighted material.
The DMCA creates a specific safe harbor for ISPs, and compliance with the relevant statute makes the ISP eligible for the safe harbor so described therein. HOWEVER, I seem to recall a long series of civil cases preceding the DMCA that established almost universally that the ISP was not liable as a mere "conduit" for copyright infringing content made available by its customers and through its facilities. Does the DMCA supercede and invalidate this case law, as it had been established prior to the passing of the DMCA? Specifically: does the DMCA make an ISP liable for copyright infringement (rather than merely denying the safe heaven) of its customers if the ISP refuses to play along with the RIAA/MPAA bullies and does not make the alleged content unavailable, lacking any evidence presented that establishes the unlawful infringement with a preponderance of evidence (and a DMCA take down notice is FAR from even being close to preponderance of evidence, let alone beyond reasonable doubt ; for criminal cases)? bye,Kai
Current thread:
- Re: DMCA Violation?, (continued)
- Re: DMCA Violation? Gerald (May 08)
- Re: DMCA Violation? Adam Debus (May 08)
- Re: DMCA Violation? Gerald (May 08)
- Re: DMCA Violation? Adam Debus (May 08)
- Re: DMCA Violation? Valdis . Kletnieks (May 08)
- RE: DMCA Violation? David Schwartz (May 08)
- RE: DMCA Violation? Gerald (May 09)
- Re: DMCA Violation? Gerald (May 08)
- Re: DMCA Violation? Valdis . Kletnieks (May 09)
- Re: DMCA Violation? listuser (May 09)
- Re: DMCA Violation? Kai Schlichting (May 09)
- Re: DMCA Violation? Valdis . Kletnieks (May 09)
- Re: DMCA Violation? Daniel Senie (May 09)
- Re: DMCA Violation? Mark Radabaugh (May 09)
- Re: DMCA Violation? Tony Rall (May 08)