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Date: Mon, 21 Aug 2000 12:43:58 -0700
To: Paul Andrew Mitchell <supremelawfirm@yahoo.com>
From: Kenneth Taira <ktaira@caprica.com>  | Block Address | Add to Address Book
Subject: 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 
ISP.
	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 
responsible
	for his actions than say Federal Express, UPS, a private mailbox 
company,
	telephone company, etc.

3.  Speaking of common carriers...would those providers who use 
content-based
	antispam filtering be abandoning a common carrier status in that they 
selectively
	choose *not* to deliver certain e-mail addressed to their customers?

4.  Since you publish a lot of your legal activity on the Internet, 
does 
publishing on a
	website or USENET news provide sufficient legal announcement like say 
publishing
	a ficticious business names in one of those throwaway newspaper that 
no one
	ever reads?

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 
is 
part of the
	public record.  If you were to take a copy of documents put into a 
record 
for research
	use, etc. would that be a copyright violation.  I would assume that 
republishing that
	information for profit (or otherwise) would be an infringement.

Thank you for your time.

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