Re: [7.8.2002 44916] Notice of Copyright Infringement]

[Valdis.Kletnieks () vt edu]

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

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