Re: A question about the new ISP ruling and email... (fwd)

[Jim Choate <ravage@EINSTEIN.ssz.com>]

Forwarded message:

> Date: Sat, 7 Nov 1998 18:25:34 -0800 (PST)
> From: David Watts <davidwatts_98@yahoo.com>
> Subject: Re: A question about the new ISP ruling and email...

> `(1) SERVICE PROVIDER- (A) As used in subsection (a), the term
> `service provider' means an entity offering   the transmission,
> routing, or providing of connections for digital online
> communications, between or among points specified by a user, of
> material of the user's choosing, without modification to the content
> of the material as sent or received.
> 
>    `(B) As used in this section, other than subsection (a), the term
> `service provider' means a provider of online services or network
> access, or the operator of facilities therefor, and includes an entity
> described in subparagraph (A).

That pretty much covers anyone other than a end-user/subscriber. This means
anonymous remailers, mailing list hosting services, email services, etc.

> Subsection (a) deals with limiting ISP liability for transmitting
> infringing material.  Other subsections deal with caching, hosting,
> linking, taking down infringing material, liability for those who
> knowingly misrepresent that material is infringing, and rights of
> copyright owners to subpoena ISPs for identification information of
> alleged infringers.  The requirement to register with the Copyright
> Office and designate a contact person applies only as to liability for
> hosted material.

Does 'hosted material' mean material that is put up by the ISP itself or
does it also include material made available by subscribers?

> However, in order to be eligible for any of the
> liability limitations, ISPs must meet the following conditions:

Ah, so there's more than simple registration...

>   `(i) CONDITIONS FOR ELIGIBILITY-
> 
>           `(1) ACCOMMODATION OF TECHNOLOGY- The limitations on
> liability established by this section shall apply to a service
> provider only if the service provider--
> 
>        `(A) has adopted and reasonably implemented, and informs
> subscribers and account holders of the service provider's system or
> network of, a policy that provides for the termination in appropriate
> circumstances of
> subscribers and account holders of the service provider's system or
> network who are repeat infringers; and

Wait a second, I'm no cop. If somebody places copyrighted material on SSZ
for example I can see bringing suite against that party, but forcing me to
punish them by removing their account is over the line. Do I get restitution
for lost services from the copyright holder since I'm acting as their agent?

>        `(B) accommodates and does not interfere with standard
> technical measures.
> 
>           `(2) DEFINITION- As used in this subsection, the term
> `standard technical measures' means technical measures that are used
> by copyright owners to identify or protect copyrighted works and--
> 
>      `(A) have been developed pursuant to a broad consensus of
> copyright owners and service providers in an open, fair, voluntary,
> multi-industry standards process;

So this is voluntary?

>     `(B) are available to any person on reasonable and
> nondiscriminatory terms; and

Meaning they themselves aren't copyrighted?

>    `(C) do not impose substantial costs on service providers or
> substantial burdens on their systems or
> networks.   

Imposition of *any* cost is a substantial burden.


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       To know what is right and not to do it is the worst cowardice.

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       The Armadillo Group       ,::////;::-.          James Choate
       Austin, Tx               /:'///// ``::>/|/      ravage@ssz.com
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