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Re: [dvd-discuss] DMCA replies

It depends.

If the material in question is clearly violating someone's copyright, ISP
might get sued based on contributory copyright infringement, if it doesn't
take the material down. On the other hand if material is related to cracking
DRM-systems, it should still be legal inside EU as long as EUCD is not
implemented. And DMCA doesn't really apply in Europe, but if you want to
visit USA, it would be still good idea not to break it..


Ville Oksanen, researcher (LL.M)
Visiting Scholar, UC-Berkeley
Helsinki Institute for Information Technology
Tel: (510) 642-4302
Mobile: (415) 572-0349
Address: 102 South Hall, Berkeley 94720

----- Original Message -----
From: "Tom" <tom@lemuria.org>
To: <dvd-discuss@eon.law.harvard.edu>
Sent: Thursday, January 17, 2002 2:42 AM
Subject: [dvd-discuss] DMCA replies

> here's a quick question to those in the know:
> what is the recommended reaction for an ISP when receiving a takedown
> notice? ignore it, or reply with a standard "we're an ISP, go fuck
> yourself" form mail?
> more interesting: I remember dimly from this list that there was a
> tarpit that one could fall into. now that I've learned the DMCA applies
> to me, too, I'd love to avoid those traps.
> --
> http://web.lemuria.org/pubkey.html
> pub  1024D/D88D35A6 2001-11-14 Tom Vogt <tom@lemuria.org>
>      Key fingerprint = 276B B7BB E4D8 FCCE DB8F  F965 310B 811A D88D 35A6