[rumori] pho: Copyright.net and ISPs (was: Orbison Snoop via Copyright Agent Bot)

From: Don Joyce (djATwebbnet.com)
Date: Thu Mar 01 2001 - 22:10:56 PST

Forwarded by Negativland.

>Er, I'm not sure what all this "contractual relations" and "4th Amendment"
>hoopla (leflaw, KevinDoran posts) is all about. I've dealt with
>Copyright.net notices on behalf of clients, and it doesn't appear to me that
>they do any "intrusion" into anyone's hard drive.
>Here's what happens, as I understand it (this based on the Copyright.net
>letters I've seen, plus some technical guesswork):
>1. Copyright.net uses Napster/OpenNap/Gnutella, just like anyone else, and
>searches for Roy Orbison songs.
>2. It then downloads a song (or portion thereof) to verify that it is, in
>fact, a Roy Orbison song (remember, you've given general "sharing"
>permission to the world, including Copyright.net, by installing one of these
>P2P sharing programs).
>3. They also capture your IP address, and track it back to your ISP. Then
>they send off an email to your ISP, fingering you as a copyright infringer.
>4. Under the DMCA, your ISP must have a "policy of terminating repeat
>infringers" in order to qualify for the copyright liability safe harbors. In
>addition, your "Terms of Service" with your ISP almost certainly includes a
>"we may terminate you for any reason, including any unlawful conduct"
>clause, so it's hard to see how you can reach them if they comply with
>Copyright.net's demands.
>So there's no intrusion into or "rummaging around" in your hard drive (other
>than the download, which you've impliedly consented to). If you're not
>"sharing" your files, then Copyright.net never knows and there is no problem
>with your ISP. And I can't see an "interference with contract" claim --
>Copyright.net is delivering informoation regarding unlawful activity, as
>contemplated by Congress in the DMCA. From there, it's in your ISP's hands.
>Of course, the ISP community could band together and say "hell no, we're not
>terminating 50,000 regular paying customers just because you say so". Hint
>for ISPs: you may be able to take comfort in the 512(a) "transitory network
>communications" DMCA safe harbor -- after all, you're just a passive conduit
>of network traffic when it comes to subscribers who are running their own
>P2P "filesharing" servers.
>Fred von Lohmann
>leflaw says:
>> OK. I go out and by a Roy Orbison CD and make an MP3 and put it on my
>> These fools see it and contact my ISP to shut off ny service? I see a
>> interference with contractual relation class action as well as invasion of
>> privacy. I can't see a defense. These fools are dead meat. And if their
>> screws up important data - damages could be ENDLESS. Any other ideas.
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