Beware: a very bad precedent set

William Pitcock nenolod at systeminplace.net
Mon Aug 31 17:47:17 CDT 2009


I would have figured that everyone would have learned that [email protected] being a blackhole is a bad idea from what happened to Atrivo/InterCage.

William
------Original Message------
From: Mark Andrews
To: nanog at nanog.org
Subject: Re: Beware: a very bad precedent set
Sent: Aug 31, 2009 5:12 PM


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
>  excuse.
> > 
> 
> Hmmm. I thought DMCA made it quite clear that a service provider cannot 
> ignore reports.
> 
> "The Akanoc Defendants’ 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.
> 
> Jack
 
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
-- 
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742                 INTERNET: marka at isc.org



-- 
William Pitcock
SystemInPlace - Simple Hosting Solutions
1-866-519-6149


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