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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical Re: DMCA Violation?
On Fri, 09 May 2003 12:50:27 EDT, Kai Schlichting <[email protected]> said: > 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 IANAL, but yes, you become liable if you intentionally drag your feet and don't make the content unavailable "expeditiously". (a)(1), (b)(1), and (c)(1) all say "you are not liable for monetary relief if you comply". There's some stuff about injunctions down in (j) that usually won't get invoked because it's more work for the complaintant - those basically boil down to "If you don't comply with a 512 takedown order, they'll show up with a court order telling you to do almost exactly the same thing". See 17 USC 512 (g), where the problem user gets to file a counter-notification saying it's *not* infringing. Remember - it's between the "copyright nazis" and your *USERS*. If you follow the rules, you can pretty much stay out of the worst of the mess. Feel free to get dragged in if you want to make a point/statement about how you feel about 17 USC 512 - but bring a lawyer or 4 if you do. ;) Attachment:
pgp00013.pgp
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