DMCA takedowns of networks

Sat Oct 24 14:56:57 UTC 2009

On Sat, Oct 24, 2009 at 8:00 AM, William Allen Simpson
> What's going on?  Since when are we required to take down an entire
> customer's net for one of their subscriber's so-called infringement?

Since people are afraid.  Organizations may send DMCA letters,
whether they are valid or not;  the recipient may disconnect what the
sender wants,  and is unlikely to consider whether they really must do
it or not.  It's easier to do what the bully wants than be a guinea
pig  and have some risk of being sued,    or other unforseen
consequences.

Note that the 512(a) safe harbor of the DMCA  does not  include a
requirement of removing material when notified;  only the  512(c)
safe harbor includes that requirement,
and it's for providers that actually store the material.
-  http://www.chillingeffects.org/dmca512/faq.cgi#QID472

US Title 17, Chapter 5, Sec 512, (c)
 http://www.copyright.gov/title17/92chap5.html#512
" (c) Information Residing on Systems or Networks at Direction of Users."
ersus
"(a) Transitory Digital Network Communications. ... A service provider
shall not be liable for monetary relief, or, except as provided in
subsection (j), for injunctive or other equitable relief, for
infringement of copyright by reason of the provider's transmitting,
routing, or providing connections for, ...."

It's a bit hard (impossible) to  "expeditiously remove"   material
that your  equipment isn't storing,    but  that a  downstream network
is storing.

The DMCA doesn't say anything about  severing connectivity to
computers on a network.   That's just what the  wronged party wants,
the collateral  damage doesn't effect them.

--
-J