DMCA Violation?

Mark Radabaugh mark at amplex.net
Thu May 8 13:47:25 UTC 2003


> Hello,
>
> Has anyone seen a copy of the following email?  Furthermore, has it been
> determined which ISP services create a legal or equitable liability for
> the ISP?  God help us if providing transport to an FTP site counts as
> one of the offending services.  I guess it's time to turn on NBAR at the
> edge routers.
>
> This is clearly Big Brother at it's finest and a prime example of John
> Stuart Mill's "Tyranny of the Majority."  I apply Mill's logic here
> because I doubt that the anti-DMCA crowd is packing the halls of
> Congress with the rabid fervor that the pro-DMCA crowd has.  I hope that
> this is not the case!
>
> Respectfully yours,
> Christopher Wolff, CIO
> Broadband Labs



I have seen e-mail similar to the one you have.  Without knowing more about
the service you provide, where the notice came from, and with much of the
content <<removed>> it's pretty hard to tell if it meets the requirements of
a DMCA notice or not.

If it does meet the requirements of a DMCA notice follow the procedure -
it's spelled out pretty well.

It becomes something of a gray area if you are dealing with a dialup user
running servers since you do not have control of the server.

Mark Radabaugh
Amplex
(419) 720-3635





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