[105206] in Cypherpunks
Re: A question about the new ISP ruling and email... (fwd)
daemon@ATHENA.MIT.EDU (Bill Stewart)
Sun Nov 8 17:06:14 1998
Date: Sun, 08 Nov 1998 13:18:41 -0800
To: Jim Choate <ravage@einstein.ssz.com>,
cypherpunks@einstein.ssz.com (Cypherpunks Distributed Remailer)
From: Bill Stewart <bill.stewart@pobox.com>
In-Reply-To: <199811080408.WAA04069@einstein.ssz.com>
Reply-To: Bill Stewart <bill.stewart@pobox.com>
At 10:08 PM 11/7/98 -0600, Jim Choate wrote:
>> `(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.
No, it covers end-users too - this is the Internet, and any machine
can provide services if it wants. Most dial users don't, except through
other service providers such as pop3 or web servers, but cable modems
and dsl will significantly increase the number of full-time-connected sites
which can then offer more convenient services.
What would the Copyright Office do if 10 million people filed as ISPs?
.....
>> `(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?
It doesn't define "appropriate circumstances", though - it sounds like
your definition would include a court order and restitution for your loss,
and probably would include some assurance that the account holder was being
prosecuted for some real crime as opposed to a political one (when will
ISPs be required to stop carrying pages advocating illegal drug use, for instance?)
>> `(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--
I don't know what this one is going for - maybe some online equivalent
of DIVX that phones home with a payment when you download it?
Thanks!
Bill
Bill Stewart, bill.stewart@pobox.com
PGP Fingerprint D454 E202 CBC8 40BF 3C85 B884 0ABE 4639
