[unisog] eDonkey DMCA complaints

Valdis.Kletnieks@vt.edu Valdis.Kletnieks at vt.edu
Tue Oct 4 22:09:51 GMT 2005


On Tue, 04 Oct 2005 12:27:04 PDT, Kevin Schmidt said:
> IANAL, but I believe DMCA complaints must be issued with reasonable good-faith 
> belief in the accuracy of the information under penalty of perjury.  

Of course, that only applies to actual DMCA complaints being handled under
the "ISP Safe Harbor" rules.  As was pointed out in a case against Verizon
a while ago, those only apply to material residing on the service provider's
servers.  It's totally unclear what, if any, responsibility you have regarding
material residing on a student's machine, other than complying with a properly
issued subpoena for subscriber information. Of course, if the stuff is on
an institution-owned machine, you have to deal with it.

IANAL and all that, of course.
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