[unisog] eDonkey DMCA complaints

Kevin Schmidt kps at ucsb.edu
Tue Oct 4 19:27:04 GMT 2005

On Tuesday 04 October 2005 09:26 am, Richard Gadsden wrote:
> Giving the claimant any explicit feedback about the accuracy of his claims
> would be the logical equivalent of reporting misses in the game of
> Battleship. Whose interests would be served?

IANAL, but I believe DMCA complaints must be issued with reasonable good-faith 
belief in the accuracy of the information under penalty of perjury.  
Well-documented feedback indicating a systemic problem would seem to place a 
burden on the complainant to remedy their process or stop sending defective 
complaints, or presumably (did I mention IANAL?) face a legal liability.  
This is assuming solid network utilization information at the recipient, not 
merely a case where the recipient institution is clueless about their DHCP 
users and open networks.  It is the complainant's job to be accurate, and 
they should not be playing Battleship or other random games.  Thus, a 
potential benefit should be the elimination of a stream of bogus complaints, 
or (if this is a benefit) a setup for someone to sue.

All that said, we thoroughly and expeditiously follow up on DMCA complaints 
and have had a significant drop in complaints over the past few years.  I do 
not personally wish to act as net-cop, so I depend on accurate DMCA 
complaints to minimize potential institutional ilability.  Errors do not 

Kevin Schmidt
Office of Information Technology
University of California, Santa Barbara
North Hall 2124
Santa Barbara, CA 93106-3201
805-893-5051 FAX
kps at ucsb.edu

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