[unisog] RIAA in violation of DMCA requirements?

Ben Beuchler ben_beuchler at mcad.edu
Tue Oct 4 18:52:47 GMT 2005


On Tue, Oct 04, 2005 at 02:34:51PM -0400, Christopher E. Cramer wrote:

> 2) To a large extent these notices are not legally relevant for alleged
> p2p infringement.  Section 512(c) which contains the provisions for
> notification is only for material residing on the servers of an ISP.  The
> notifications aren't relevant for allegedly infringing material traversing
> our networks.  These conduit activities are covered under section 512(a)
> which does not discuss notification and take down procedures.
> 
> So, I think that it is reasonable to treat these as a useful educational 
> opportunity for talking to students without considering them to be legally 
> binding on your university.

For what it's worth, I spent about an hour on the phone with an EFF
attorney a few months back, and that was essentially their opinion as
well:  Notify and takedown is not relevant if we're only providing
transport.  Of course, any infringing material in a student's
school-provided web space is another matter entirely.

-Ben

-- 
Ben Beuchler                         Minneapolis College of Art and Design
Network Administrator                                ben_beuchler at mcad.edu
MAILER-DAEMON                                                 612.874.3641


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