On Tue, 01 Sep 2009 08:12:33 +1000 Mark Andrews <ma...@isc.org> wrote:
> > In message <4a9c45d2.1000...@brightok.net>, Jack Bates writes: > > na...@wbsconnect.com 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. ..and not before time. -- John
