Begin forwarded message:
From: Suresh Ramasubramanian <suresh@xxxxxxxxxx>
Date: October 19, 2004 9:45:07 PM EDT
To: dave@xxxxxxxxxx
Cc: psaffo@xxxxxxxx
Subject: Re: [IP] more on copyright takedown experiment
David Farber wrote:
Gosh, I find this heartening as it points the way to an interesting
solution that might perfectly invert ISP response. If ISPs were
suddenly deluged by bogus claims of infringement and started taking
down
There is of course one little wrinkle to that situation -
http://www.ncsu.edu/copyright/DMCA.html
There are a few criteria specified there on what makes a proper DMCA
takedown notification. [quoted below this email]
Bogus notifications such as the one that was discussed in the original
IP article (it showed up on slashdot a few days back) would be in
violation of at least some of these criteria, especially where
declarations are made under penalty of perjury.
You called for IP monkeywrenchers, where you really should have called
for IP civil disobedience activists.
What you are suggesting is somewhat similar to what Gandhi and Dr.King
suggested, deliberate violation of a bad law, but just as in those
cases, whoever does this lays himself open to all sorts of nasty legal
consequences that result from perjury.
srs
??(3)ELEMENTS OF NOTIFICATION.?
??(A) To be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the
designated agent of a service provider that includes substantially the
following:
??(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
??(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site.
??(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the
material.
??(iv) Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address,
telephone number, and, if avail-able, an electronic mail address at
which the complaining party may be contacted.
??(v) A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
??(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly in-fringed.
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