Vulnerability Development mailing list archives
Re: [7.8.2002 44916] Notice of Copyright Infringement]
From: Valdis.Kletnieks () vt edu
Date: Wed, 10 Jul 2002 17:46:51 -0400
On Wed, 10 Jul 2002 15:17:32 CDT, Robert Sullivan <rsullivan () art-line com> said:
I got kicked off my University LAN connection because my advisor got the same stupid email. There was someone from Universal Studios stalking around Efnet, and caught me when I put my file server on the wrong network. That email seems to be their best line of defense.
Basically, your provider is given a "safe harbor" exemption in 17 USC 512, meaning that it's not liable for copyright infringement by its users *IF* it takes reasonably prompt action when informed that a user is infringing. If it doesn't send you a letter or otherwise notify you, and then pull the plug if you don't comply, then they become liable *as well*. Note that if they pull the plug on you, you are *still* personally open to further action by the copyright holders or their representatives. Until recently, the MPAA and RIAA have usually let it slide after the user cut it out, but they have *always* had the right to pursue damages. These are nothing new - we've had a form letter for our users for when we get 17 USC 512 notifications since *at least* October 1997. Although there are plenty of "fair use" issues still to be resolved, I don't think that *anybody* has seriously suggested that putting up copyrighted works for public download without permission is allowed. So are you asserting that you didn't put a file server out there, or that your file server in fact didn't contain infringing material, or that you have a legal right to distribute infringing material? (Think carefully here - the "obvious" fix to prevent it is to "fix" the original media so that you couldn't even download *YOUR* CD's music to *YOUR* MP3 player - which *is* a "fair use" in most people's opinion). -- Valdis Kletnieks Computer Systems Senior Engineer Virginia Tech
Attachment:
_bin
Description:
Current thread:
- [7.8.2002 44916] Notice of Copyright Infringement] Keith Tyler (Jul 10)
- RE: [7.8.2002 44916] Notice of Copyright Infringement] Robert Sullivan (Jul 10)
- Re: [7.8.2002 44916] Notice of Copyright Infringement] Valdis . Kletnieks (Jul 10)
- RE: [7.8.2002 44916] Notice of Copyright Infringement] Jason Coombs (Jul 10)
- Re: [7.8.2002 44916] Notice of Copyright Infringement] Blue Boar (Jul 10)
- <Possible follow-ups>
- Re: [7.8.2002 44916] Notice of Copyright Infringement] SlyFly007 (Jul 10)
- RE: [7.8.2002 44916] Notice of Copyright Infringement] Jason Coombs (Jul 10)
- Re: [7.8.2002 44916] Notice of Copyright Infringement] Clint Byrum (Jul 12)
- RE: [7.8.2002 44916] Notice of Copyright Infringement] Seymour, Keith (Jul 11)
- Re: [7.8.2002 44916] Notice of Copyright Infringement] Mark C. Langston (Jul 11)
- RE: [7.8.2002 44916] Notice of Copyright Infringement] Kayne Ian (Softlab) (Jul 12)
- RE: [7.8.2002 44916] Notice of Copyright Infringement] Rob Shein (Jul 12)
- Re: [7.8.2002 44916] Notice of Copyright Infringement] Chris (Jul 15)
- RE: [7.8.2002 44916] Notice of Copyright Infringement] Rob Shein (Jul 12)
(Thread continues...)
- RE: [7.8.2002 44916] Notice of Copyright Infringement] Robert Sullivan (Jul 10)