I would have figured that everyone would have learned that abuse@ being a blackhole is a bad idea from what happened to Atrivo/InterCage.
William ------Original Message------ From: Mark Andrews To: [email protected] Subject: Re: Beware: a very bad precedent set Sent: Aug 31, 2009 5:12 PM In message <[email protected]>, Jack Bates writes: > [email protected] wrote: > > Any and all nefarious activity alleged in this lawsuit was conducted by a c > ustomer, of a customer, of a customer yet the hosting provider was found liab > le, not the actual criminal manufacturing and selling the fakes. > > > > We had all better watch our backs since it seems that claims of not being a > ble to inspected tens of millions of packets per second is no longer a viable > excuse. > > > > Hmmm. I thought DMCA made it quite clear that a service provider cannot > ignore reports. > > "The Akanoc Defendants’ specific business model of providing unmanaged > server capacity to web hosting resellers does not exempt them from > taking active steps to effectively prevent infringing activity upon > notification from an intellectual property rights owner. " > > I consider that the more important statement in the article. The "upon notification" being the largest issue. Don't know if DMCA covers > anything outside the scope of copyright, but I think it's been generally > accepted that ignoring reports of infringement can bring about liability. > > Jack It will be interesting to see the court cases against ISP's that don't shutdown other illegal activities once they have been notified. abuse@ better not be a blackhole or you are putting yourself at risk based on this. Mark -- Mark Andrews, ISC 1 Seymour St., Dundas Valley, NSW 2117, Australia PHONE: +61 2 9871 4742 INTERNET: [email protected] -- William Pitcock SystemInPlace - Simple Hosting Solutions 1-866-519-6149
