--- begin forwarded text Mime-Version: 1.0 Date: Fri, 11 Oct 1996 12:36:55 -0400 Reply-To: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> Sender: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> From: Michael Dodson <dodsonm@WANE-LEON-MAIL.SCRI.FSU.EDU> Subject: SPA Press Release on ISP suits To: CYBERIA-L@LISTSERV.AOL.COM The formatting may be a bit rough. I am not a pro at this. FOR IMMEDIATE RELEASE ((edited)) Contact: David Phelps, (202) 452-1600, ext. 320, dphelps@spa.org SPA Files Copyright Suits Against ISPs and End Users Internet Anti-Piracy Campaign Launched (Oct.10, 1996 --Washington, D.C.) -- The Software Publishers Association (SPA) announced today that it has filed five civil lawsuits for copyright infringement occurring on the Internet. Three of the lawsuits were filed against Internet service providers (ISPs), and the remaining two were filed against individual end users. Additionally, SPA launched its Internet Anti-Piracy Campaign, which includes education and enforcement components, in an effort to educate and work cooperatively with ISPs regarding copyright infringement. ISP lawsuits were filed on Oct. 7 and 8 against Community ConneXion of Oakland, Calif.; GeoCities of Beverly Hills, Calif.; and Tripod Inc. of Williamstown, Mass. The SPA members named as plaintiffs in all three suits were Adobe Systems Inc., Claris Corp. and Traveling Software Inc. In each case, SPA first contacted the ISP and requested that the infringing material be removed, but the ISP failed to respond and cooperate. SPA also filed suit against Jeffrey Workman of Auburn, W. V., and Patricia Kropff of Scottsdale, Pa, on behalf of Adobe Systems Inc., Claris Corp., Corel Corp., Datastorm Technologies Inc. and Novell, Inc. In each of these instances, SPA received reports of alleged copyright infringement on certain Web sites, and with the assistance of the ISPs, tracked the individuals responsible for posting the infringing material. "These lawsuits send a clear signal to ISPs and end users that neither direct nor contributory copyright infringement will be tolerated. The Internet does not provide a safe haven for these types of activities," said Ken Wasch, SPA president. SPA's Internet Anti-Piracy Campaign (IAPC), which is outlined at http://www.spa.org/piracy/iapc.htm, contains information explaining why ISPs may be liable for copyright infringement, the risks involved and seven warning signs that infringing activity may be taking place on the ISP's server. Additionally, ISPs may sign an ISP Code of Conduct to show they have adopted the operating practices encouraged under the copyright law. Upon receiving a report of alleged copyright infringement on the Internet, SPA confirms the unlawful activity and sends a letter to the ISP servicing the infringing user. In most cases, the ISP cooperates and remedies the situation. If the infringing user can be identified -- as alleged in the Workman and Kropff cases -- SPA may then choose to seek action against the end user. If the ISP is unwilling to stop the unlawful activity, SPA may choose to file suit against the ISP. "Our intentions are to work cooperatively with ISPs. A key element of the IAPC is the ISP Education Program devoted to alerting ISPs to their potential liability and providing them with the tools and guidance to protect themselves," said Joshua Bauchner, SPA's Litigation Coordinator. "The IAPC maintains SPA's traditional balance between education and enforcement. We first make contact in an effort to amicably resolve the matter, and only when absolutely necessary do we turn to litigation." An integral part of the cooperative effort between SPA and ISPs is the ISP Code of Conduct. This simple agreement asks that ISPs protect themselves from liability by stopping pirate activity on their systems. In return, SPA will attempt to contact the ISP if it receives a piracy report concerning it -- before initiating other action. ((end of edited release)) See http://www.computerworld.com/news/news_articles/961010spa.html for early reactions. Michael Dodson dodsonm@wane-leon-mail.scri.fsu.edu --- end forwarded text ----------------- Robert Hettinga (rah@shipwright.com) e$, 44 Farquhar Street, Boston, MA 02131 USA "The cost of anything is the foregone alternative" -- Walter Johnson The e$ Home Page: http://www.vmeng.com/rah/