[MLB-WIRELESS] Hypothetical: takedown notices

[paul van den bergen]

My feeling for this is that once lawyers are involved (seriously anyway - not 
at the initial letter writing phase perhaps, but still), it is too late and 
time to dissociate yourself from the tangled web you are about to encounter 
(read: run away!).

On teh other hand, MW does not won the individual node the offending material 
is on.  so the take down notice need be directed to the individual in 
question.  this may simplify (out of MWs hands) or complicate (fear of being 
squashed as an individual) things.

On Tue, 4 Mar 2003 01:52 pm, Michael_Florence at dlink.com.au wrote:
> The lawyer would be way too busy to do anything unless it was brought to
> his attention by the IIA and they asked him to act on it. Lawyers are paid
> on units of work. Sure, some get paid more than others, but for the time it
> takes his secretary to create a document to serve to the node, it won't
> even pay for a fuel fillup in his Audi TT.
>
> However there is always a risk that the IIA will be monitoring and
> therefore this is a valid comment. So I agree with your sentiment however I
> bet you dollars to donuts that the lawyer will do nothing unless instructed
> by his client.
>
> -Michael
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> sanbar <sandbar at ozemail.com.au> on 05/03/2003 08:11:24 AM
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>  To:      melbwireless <melbwireless at wireless.org.au>
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>  cc:      (bcc: Michael Florence/Sales/DLINK-AUST)
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>  Subject: [MLB-WIRELESS] Hypothetical: takedown notices
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> Hey all,
> Just a hypothetical situation on which I'd like to get some other
> people's views.
> The Internet Industry Association is working with industry lawyers to
> develop a standardised take-down notice to be served on internet service
> providers in the event that they believe copyrighted material is being
> traded/warezd.
> I think we'd all be living with our heads in the sand if we believe the
> exchange of copyrighted material will never take place on a free, open
> public network.
> I therefore take you to a time in the oh-not-so-distant future when the
> innnernorth group gets its shit together (a big "YOU SUCK" to all the
> other rwgs) and has an active 24/7 backbone set up. A high-retainer
> lawyer working for commercial interests and living in the innernorth
> area notices at home one night when he fires up his ThinkPad that
> someone connected to the local melbwireless node - not necessarily the
> node's owner - happens to be sharing their collection of mp3s, a couple
> of which are copied from a personal collection of paid-for CDs. He notes
> the node name, looks it up on the locfinder, and a takedown notice
> arrives at Melbourne Wireless' mail box by registered express post the
> next morning.
> What do we do?
> - Barry

-- 
Dr Paul van den Bergen
Centre for Advanced Internet Architectures
caia.swin.edu.au
pvandenbergen at swin.edu.au
IM:bulwynkl2002
It's a book. Non-volatile storage media. Everyone should have one.

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