RE: [7.8.2002 44916] Notice of Copyright Infringement

From: Vachon, Scott (Scott.Vachonat_private)
Date: Fri Jul 12 2002 - 06:53:05 PDT

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    >They are a business.  Think "$ loss".  With one, a single person may or
    >may not end his subscription for a small amount.  With the other they
    >face fines of a high multiple of that.
    >What do YOU think they would do?
    
    Good Question James. We know that the person or company which owns
    "intellectual property'" is entitled to charge a price for its use. We also
    know they have the legal right to compensation for the theft of this
    property. Further, I would state that the ability to control the legal sale
    of/distribution of this media via online distribution (pay per view or
    single user purchase outright) is fundamental to the financial success of
    Broadband Media Providers and /or Media creators. What do I think they
    should do ? Perhaps selling an outrageously expensive PC hardware component
    for playback of the Copyrighted material (perhaps in conjunction with a card
    similar to that in DirectTV receivers) is a solution. It is not a perfect
    answer but, a step forward. And yes, I suppose one can argue this is a
    crackable solution too.
    
    Back to the original topic however, I did peruse the DMCA. I would agree the
    ISP is legally required by the DMCA to immediately ask the end user to
    remove the material and not distribute it. And from the sample letters
    submitted to the list, it appears the MPAA meets all their legal
    requirements under the DMCA. However, (and I am not a lawyer) it appears the
    ISP is released from liability if the "party notified" of the infraction
    acknowledges to the ISP that the copyrighted material has been destroyed or
    removed from the system (Section 202, Conditions, Paragraph E ???) . Simple
    as that ? I don't know but, it seems so. Perhaps someone on the list who has
    received the warning letter can respond to their ISP stating they removed
    the material and see what happens ??? Thought ?
    
    ~S~
    
    Disclaimer: My own two cents... 
    



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