DMCA Violation?

Thu May 8 15:08:20 UTC 2003

Valdis.Kletnieks at vt.edu wrote:
> All you have to do is make the infringing material not accessible - and
> 17 USC 512 is *very* non-specific as to *how* you do it.  You can nuke the
> file, you can change the permissions, you can make the user remove it - your
> call.  You just have to make it inaccessible, and if you have a repeat
> violator, you need to have a policy that allows you to terminate them.
> They even don't specify a time frame other than "expeditiously", so as
> long as you aren't dragging your feet, you're probably OK.
> 

I find the DMCA works well for content stored on webpages. However, I've 
told all the notice senders the same thing. If they are sending reports 
of peer to peer, it is beyond my power. I do not have rights to the 
customers computer, nor do I personally have the ability to verify their 
claim that the information is actual infringement before cancelling the 
account.

For some reason, they are too lazy to request a search warrant to obtain 
the customer's contact information. I'm not Verizon. If the law says you 
are entitled to information, then you are entitled to information. The 
fact is, to enforce peer to peer, I'd have to have a search warrant 
myself to check the person's computer. Of course, I have always been 
aggrivated with the fact that they send out the peer to peer notices 
*without* downloading the file first.

-Jack