-----BEGIN PGP SIGNED MESSAGE----- To: cypherpunks@toad.com Date: Wed Oct 16 17:11:03 1996 After researching the SPA's lawsuit for awhile, I figured I might as well post the SPA's press release regarding their lawsuit against C2 to see if it'll spur some more discussion on it. If it weren't for the seriousness of the matter, I would almost be amused by the SPA's lawsuit. Their term, "contributory infringement" is almost like suing the bartender because a customer got into a wreck while drunk. Note the "should have nown." Here's their specification for this, copied from http://www.spa.org/piracy/risk.htm. "Anyone who knows or should have known that he or she is assisting, inducing or materially contributing to infringement of any of the exclusive rights by another person is liable for contributor infringement. " ie - posting of serial numbers posting of cracker utilities linking to FTP sites were software may be unlawfully obtained informing others of FTP sites were software may be unlawfully obtained aiding others in locating or using unauthorized software supporting sites upon which the above information may be obtained allowing sites where the above information may be obtained to exist on a server Then there's their Vicarious Liability for Infringement by Another Person, outlined by: "Anyone who has the authority and ability to control another person who infringes any of the exclusive rights and who derives a financial benefit therefrom, is vicariously liable for the infringement of another person." ie - ISPs who have warez or pirate sites on their system ISPs who have pirates for customers sys admins for newsgroups or IRC where pirate activity takes place It's interesting to note that this web page is entitled "Theories of Copyright Infringement", and the only listing (which I didn't copy) which references a law (section 501(a) of the Copyright Act, to be exact) is direct infringement - -- the kind we all know and love. I'm curious, do the Contributory Infringment and the Vicarious Liability for Infringment By Another Person claims have any legal basis, or are they just the inane rantings they appear to be? In a fair world, this wouldn't stand up in court...but unfortunately, with juries today...you get the point. Anyway, here's their press release, again a direct cut from http://www.spa.org/piracy/releases/netpir.htm. - ---------- 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. Piracy has taken many forms on the Internet. These include making unauthorized copies of software available for download, the posting of serial numbers, cracker and hacker utilities and links to pirate FTP sites. Although many believe piracy is limited to "warez" or illegal copies of software, it extends beyond that narrow definition. Under the law, anyone who knows -- or should have known -- of the infringement and who assists, encourages or induces the infringement is liable for indirect infringement. In each of the actions SPA filed, at least two of the above infringements were present. For additional information please visit the Internet Anti-Piracy Campaign site at http://www.spa.org/piracy/iapc.htm. The ISP Education Program information is available at http://www.spa.org/piracy/ispinfo.htm. To report a case of piracy please contact SPA's hotline at (800) 388-7478, piracy@spa.org or complete an on-line intake form at http://www.spa.org/piracy/pirreprt.htm. SPA is the leading trade association of the desktop software industry, representing the leading publishers as well as many start-up firms in the business, home office, consumer, education and entertainment markets. Its 1,200 members account for 85 percent of the sales of the U.S. packaged software industry. SPA press releases are available through fax on demand at (800) 637-6823. - ---end bs - --- Sean Sutherland | GCS/C d- s+:+ a--- C+++ V--- P L E- W++ N++ PGP Key ID: E43E6489 | K- w o O-(++) M-- V PS+ PE++ Y++ PGP++(+) http://pobox.com/~seans | t--- 5+++ X++ Rb++ DI+ D+ G e- h! !r y In UNIX, no one can hear you scream. -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQEVAwUBMmVdeVZoKRrkPmSJAQHVQQf+O07bjV9CDzKPTzOcSpKNlmtUqE0dUD9R gM1nce4LkG+6xszwt81srAwEmMdFtxe2gF0udB95n1okI5ZYYf9YAqpStXKScdZZ QYb8LpaBoxQFlN1t66m6Hy5VXyx/EKjLYYWGWdvLxKIcxMqvvbx7wym3CHdj0iFq 1chg6s6MVFegFXT7l2EEOlHSkloz4/0fl8v63yXUZDyqd0H6PV05JsfC9vkGWVV1 yXC51nKq29ps5LB8Cm61intpfnDOYtq+ZN1EO91+9CDttDyLgJM1/HMA6HnbgGG8 CVc52Kw0JtahXi7cxKNmSuI1F9YEq00bNTqTqARzKAvha+5mWRZ8Iw== =AuZp -----END PGP SIGNATURE-----