Beware: a very bad precedent set
marka at isc.org
Mon Aug 31 17:12:33 CDT 2009
In message <4A9C45D2.1000605 at brightok.net>, Jack Bates writes:
> nanog at wbsconnect.com wrote:
> > Any and all nefarious activity alleged in this lawsuit was conducted by a c
> ustomer, of a customer, of a customer yet the hosting provider was found liab
> le, not the actual criminal manufacturing and selling the fakes.
> > We had all better watch our backs since it seems that claims of not being a
> ble to inspected tens of millions of packets per second is no longer a viable
> Hmmm. I thought DMCA made it quite clear that a service provider cannot
> ignore reports.
> "The Akanoc Defendantsâ specific business model of providing unmanaged
> server capacity to web hosting resellers does not exempt them from
> taking active steps to effectively prevent infringing activity upon
> notification from an intellectual property rights owner. "
> I consider that the more important statement in the article. The "upon
notification" being the largest issue. Don't know if DMCA covers
> anything outside the scope of copyright, but I think it's been generally
> accepted that ignoring reports of infringement can bring about liability.
It will be interesting to see the court cases against ISP's that
don't shutdown other illegal activities once they have been notified.
[email protected] better not be a blackhole or you are putting yourself at risk
based on this.
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742 INTERNET: marka at isc.org
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