James B. DiGriz wrote:
James B. DiGriz wrote:
Common carrier status for ISP's is not automatic, under the '96 Telecom Act and later additions. You have to file with the FCC and promise to remove material anybody complains about, etc. in exchange for indemnification from liablility.
I took a look at it and said "Fuck the dumb shit." Choate is right on this one.
jbdigriz
In fact, IIRC, common-carrier status for ISPs as I describe above was actually implemented in the DMCA. Been a while since I looked at it; will have to check. It doesn't appear to have stopped anybody from getting sued for third parties infringing on copyrights, though.
jbdigriz
http://www.loc.gov/copyright/onlinesp/ Copyright office, not the FCC DMCA is a piece of crap though. Probably illegal as hell, but IANAL. Anyway it's stupid to assume a liability that is not yours to begin with , for the dubious prospect of obtaining an alleged limitation on said liablity. I notice Napster has a Designated Agent registered with the Copyright Office. Lot of fucking good it did them. jbdigriz