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Date: Sat, 7 Nov 1998 18:25:34 -0800 (PST) From: David Watts <davidwatts_98@yahoo.com> Subject: Re: A question about the new ISP ruling and email...

`(1) SERVICE PROVIDER- (A) As used in subsection (a), the term `service provider' means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received.

`(B) As used in this section, other than subsection (a), the term `service provider' means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A).

That pretty much covers anyone other than a end-user/subscriber. This means anonymous remailers, mailing list hosting services, email services, etc.

Subsection (a) deals with limiting ISP liability for transmitting infringing material. Other subsections deal with caching, hosting, linking, taking down infringing material, liability for those who knowingly misrepresent that material is infringing, and rights of copyright owners to subpoena ISPs for identification information of alleged infringers. The requirement to register with the Copyright Office and designate a contact person applies only as to liability for hosted material.

Does 'hosted material' mean material that is put up by the ISP itself or does it also include material made available by subscribers?

However, in order to be eligible for any of the liability limitations, ISPs must meet the following conditions:

Ah, so there's more than simple registration...

`(i) CONDITIONS FOR ELIGIBILITY-

`(1) ACCOMMODATION OF TECHNOLOGY- The limitations on liability established by this section shall apply to a service provider only if the service provider--

`(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers; and

Wait a second, I'm no cop. If somebody places copyrighted material on SSZ for example I can see bringing suite against that party, but forcing me to punish them by removing their account is over the line. Do I get restitution for lost services from the copyright holder since I'm acting as their agent?

`(B) accommodates and does not interfere with standard technical measures.

`(2) DEFINITION- As used in this subsection, the term `standard technical measures' means technical measures that are used by copyright owners to identify or protect copyrighted works and--

`(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;

So this is voluntary?

`(B) are available to any person on reasonable and nondiscriminatory terms; and

Meaning they themselves aren't copyrighted?

`(C) do not impose substantial costs on service providers or substantial burdens on their systems or networks.

Imposition of *any* cost is a substantial burden. ____________________________________________________________________ To know what is right and not to do it is the worst cowardice. Confucius The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------