RE: [7.8.2002 44916] Notice of Copyright Infringement

From: BRAD GRIFFIN (b.griffinat_private)
Date: Thu Jul 11 2002 - 15:02:25 PDT

  • Next message: Dom De Vitto: "RE: [7.8.2002 44916] Notice of Copyright Infringement" 

    Hi folks

My uneducated interpretation of this would be that *if* you acknowledge an infringement issue, then you *could* be requested to divulge the details of who made the infringement. This *could* open you to breach of privacy litigation by the guilty party. In effect you would end up being the 'meat in
the sandwich'.

Cheers,
Brad

-----Original Message-----
From: Steve Zenone [mailto:zenoneat_private]
Sent: Friday, 12 July 2002 02:16
To: vuln-devat_private
Subject: RE: [7.8.2002 44916] Notice of Copyright Infringement


Hello Folks,

I have a question to ask you: Do you believe it is advisable
to reply to infringement complaints regarding copyrighted 
material informing the notifying party that the material has 
been removed from the subscriber's system? I will quote a 
concern below:

"The DMCA does require that we not be a party to infringement
and that we as the system operators stop infringement when
we are aware of it.  But we are not required to 'ACK' that
anything illegal here ever happened.  Nothing you can say
will reduce our liability.  What you do say could be used
as evidence that we agreed there was a problem and further,
that we know who did it.  The law doesn't require that we
give such assistance."

Would the assumption that our liability increases by replying
to an infringement notice be correct? 

Thank you.

Regards,
Steve

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