[468] in resnet
Re: Keeping traffic internal
daemon@ATHENA.MIT.EDU (Chris Riegel)
Fri Nov 30 12:45:46 2001
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Date: Fri, 30 Nov 2001 12:41:27 -0500
Reply-To: Resnet Forum <RESNET-L@listserv.nd.edu>
From: Chris Riegel <CRiegel@STRATACACHE.COM>
To: RESNET-L@listserv.nd.edu
One thing that may be an issue....when the U.S. 9th Circuit Court finally got Napster, they used the following in their ruling:
"Liability for contributory infringement attaches to "one who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another . . . [L]iability exists if the defendant engages in personal conduct that encourages or assists the infringement." A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1014 (9th Cir. 2001)."
and
""Vicarious liability arises when the defendant "has the right and ability to supervise the
infringing activity and also has a direct financial interest in such activities." Napster, 239
F.3d at 1022."
The RIAA has been using this same strategy in their pursuit of KaZaA....
In a University environment, Would the setup of a local Gnutella server "materially contribute to the infringing conduct of another"....I don't know if anyone knows that answer, but I am sure that there are lots of expensive lawyers who wouldn't mind debating the issue at $ 450 an hour.
Chris Riegel
Stratacache
>>> stan_martin@NCSU.EDU 11/30/01 12:19PM >>>
How many other campuses have set up their own Gnutella servers in an effort
to keep more traffic off of the commodity Internet?
Ethan, Rich and company at Stanford's ResComp have apparently done that:
http://daily.stanford.edu/daily/servlet/Story?id=7139§ion=News&date=11-28-2001
(The article was noted in the Chronicle of Higher Ed's Technology web section.)
Any comments guys on how it's working out?
Stan
Stan North Martin stan_martin@ncsu.edu
ResNet Coordinator, Information Technology (919) 515-1348
North Carolina State University http://www.ncsu.edu/resnet
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