||Mon, 21 Aug 2000 12:43:58 -0700|
||Paul Andrew Mitchell <firstname.lastname@example.org>|
||Kenneth Taira <email@example.com> | Block
Address | Add to Address
||Re: COPYRIGHT VIOLATION||
Apologies for continuing to ask you questions, but as you seem to have
extensive theoretical and practical knowledge of these laws, I ask them
of you. Thanks in advance for your time. And by the way, I am asking
for your opinion, not as legal advice so I think you are covered.
1. Regarding use of e-mail in legal proceedings...
Is there case law accepting e-mail as proper notification in any
area other than copyright infringement. Please correct me if
I am wrong, but I believe that for copyright infringement, it is the
mere knowledge that a copyright infringement is taking place and
failure to act on that creates liability for a website publisher or
As such, e-mail *is* an acceptable means of notification.
2. When it comes to websites, an ISP such as Caprica can be held as
a publisher and responsible to have its customers stop violating
copyrights. However, when it comes to access and e-mail, I believe
that Caprica is acting as a de-facto "common carrier." As Caprica is
*not* the publisher of the website, I doubt if we are any more
for his actions than say Federal Express, UPS, a private mailbox
telephone company, etc.
3. Speaking of common carriers...would those providers who use
antispam filtering be abandoning a common carrier status in that they
choose *not* to deliver certain e-mail addressed to their customers?
4. Since you publish a lot of your legal activity on the Internet,
publishing on a
website or USENET news provide sufficient legal announcement like say
a ficticious business names in one of those throwaway newspaper that
And this one is w-a-a-y out there. Please forgive my ignorance.
5. In some of the activity against the "Church of Scientology," people
have made copies
of documents that are introduced in evidence with the argument that it
part of the
public record. If you were to take a copy of documents put into a
use, etc. would that be a copyright violation. I would assume that
information for profit (or otherwise) would be an infringement.
Thank you for your time.
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