[unisog] another round of bogus DMCA notices

Peter Van Epp vanepp at sfu.ca
Thu Nov 9 21:26:43 GMT 2006


On Thu, Nov 09, 2006 at 12:33:53PM -0800, Buhrmaster, Gary wrote:
> 
> > Gary, 
> > 
> > I do appreciate that my question sits at the boundary, but 
> > what can/should 
> > be considered evidence does "revolve around technical topics in 
> > educational security operations."  Is an IP address and an accusation 
> > enough?  It's also a part of the topic that has been gracing 
> > this board for the past several weeks.  If I am wrong, I assume a 
> > moderator will jump in and correct me.  Thanks for all responses in advance.
> 
> Evidence will be in the eyes of the court, and each jurisdiction
> may have different eyes (California is likely to look at some
> things differently than Texas, for example).  If you want specific 
> legal advice, relevant to your specific case(s), in your specific 
> jurisdictions, talk to your lawyer.  There is not going to be 
> something like a generic answer for "is an IP address good enough"?  
> Specifics always matter.  Paraphrasing slightly, "Anyone who uses an 
> email discussion list as legal opinion has many fools as their lawyer".
> 
> Gary 
> 
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	While this is good and absolutely correct advise, this is a risk 
management decision and your legal staff is unlikely to tell you to put an
netflow/argus/arp monitor on your border router because they have no idea
what a border router is. From your point of view you want to present your 
management with the risk (a DCMA complaint, potential legal trouble) and a 
potential risk migating solution (money and staff time for monitoring 
equipment) which they are unlikely to be aware of. Then let them decide if 
the risk justifies the prevention investment. They may decide it doesn't 
but at least they are aware there is a choice and you have brought forth
both the problem and a potential solution rather than just a problem.

Peter Van Epp / Operations and Technical Support 
Simon Fraser University, Burnaby, B.C. Canada


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