Re: [h2o-discuss] the DMCA in action

[Eric Eldred <eldred@mediaone.net>]

This practice by alleged copyright owners ought to be
exposed and halted.

An off-the-record chat with somebody from my "ISP"
indicates that ALL MP3 servers are being shut down,
on orders of the music publishers.  I use a cable
modem and have a web server at home for my ebooks,
but my contract with the cable modem company does
not specifically say I have the right to run the
web server--only that I do not have the right to
interfere with the service of other customers. 
That provision has been used by the @Home cable
system to forbid ALL home servers.  And the MP3
servers are, as pointed out below, just assumed
to contain material infringing on copyright, when
no actual justification for that claim is provided.

Seems to me a good case could be made for violation
of First Amendment rights here.  And a careful
reading of the Digital Millenium [sic] Copyright
Act ought to show that false copyright claims under
the act can be punished by fines.  (Although I do
not think there is such a provision under the No
Electronic Theft Act of 1997, which is probably
more applicable here, even though the threatening
letter is so vague it is hard to tell just what
they are talking about.)

Wouldn't this make a good case for the Berkman
Center?  Can somebody refer this to Simson Garfunkel
for his Boston Globe column and other writings
(I haven't had much success in feeding him stories.)

John, thanks very much for forwarding this unhappy
news to us.  I hope it stimulates an effective
response and I for one am completely in support of
what you are doing!

=eric

John Kwasnik wrote:
> 
>         Below is a form letter from online retailer CDNOW to one of the
> personal websites that carry CDNOW's banner in a mutual-linking agreement.
> The personal website was a collection of music files in MIDI and MP3 format,
> available for free download.  CDNOW is covering its butt according to the
> procedures specified in Title II of the Digital Millenium Copyright Act:
> 
> --------------------------------
> 
> >Dear Webmaster,
> >
> >It has come to our attention that your Web site may contain unauthorized
> >copyrighted material.  If so, this would be a violation of the terms and
> >conditions of the Cosmic Credit Agreement.
> >
> >Please provide us with verification of your authorization to perform
> >and/or distribute the sound files located on your Web site.  If we do
> >not receive proper verification within ten days, we will terminate your
> >participation in the Cosmic Credit Program.
> >
> >At that time, you must immediately cease using any CDnow logo,
> >trademark, proprietary linking technology or other copyrighted material
> >obtained from CDnow through the Cosmic Credit Program.  You must also
> >remove from your site any links to any page of the CDnow Web site, other
> >than our home page (http://cdnow.com).  Refusal to do so may result in
> >legal action.
> >
> >If you are currently unable to provide us with proper verification, we
> >welcome you to reapply at any time when you are able to do so.  If you
> >have any questions about this email, please contact me.
> >
> > [ ... ]
> >Cosmic Credit
> >CDnow Inc.
> 
> --------------------------------
> 
>         Ain't the passive voice great?  Our hapless webmaster doesn't even
> know WHO is alleging infringement for WHAT music files.  So in the 10 days
> he has in which to prove himself innocent, he would have to document the
> licenses he has to perform/distribute ALL of the music files on his site.
> 
>         In this case, our webmaster was intimidated enough to shut down his
> site.
> 
>                         John Kwasnik
>                         Oakland, CA

-- 
"Eric"    Eric Eldred      Eldritch Press
mailto:EricEldred@usa.net  http://eldred.ne.mediaone.net/
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