[MLB-WIRELESS] Hypothetical: takedown notices

[Jason Tedesco]

I agree with what is said below. Why should the node be responsible for what data passes through it.  

If copyrighted material is passing through a network can you be held responsible for it?  I'm no expert on the laws, although if this is the case how can a organisation like www.easynews.com stay alive.  They pretty much store as much of the alt.binaries news that they can.  And if you have had access to an unfiltered news with binaries you know what kind of data is on them.  Wouldn't a simple policy like the below cover you? ( I know some files are in parts and stored in ASCII so this may be their way around it).

Easy News TOS and AUP
--------------------------
/snip
You understand that we are providing you with unfiltered access to Usenet. We cannot, nor do we try to, control the content that you will receive via Usenet. Usenet groups may carry offensive, harmful, or inaccurate material, and in some cases postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution--and common sense--when using Usenet. Furthermore, you shall comply with all applicable laws regarding your access to EasyNews Services.
/end snip

In my opinion I think that the user/node/host that the originating illegal/copyrighted material came from should be held responsible.  Although I know in some circumstances this is not the case.

Has anyone read or know the laws or regulations regarding to this thread instead of stating assumptions like my self?

...Jason

> -----Original Message-----
> From: grenville armitage [mailto:garmitage at swin.edu.au]
> Sent: Thursday, 6 March 2003 10:43
> To: melbwireless at wireless.org.au
> Subject: Re: [MLB-WIRELESS] Hypothetical: takedown notices
> 
> 
> 
> andrewg at d2.net.au wrote:
> 	[..]
> > I guess it boils down to, if you're worried about having 
> liabilty by not
> > being able to vet/filter communications, you shouldn't be a node.
> 
> That's the inverse of my original question. Arguably a node 
> shouldn't even
> _try_ to filter, since doing so can (a) only ever be incomplete,
> and (b) letting things through that you've claimed to be filtering
> may make you (in the eyes of the technology-illiterate law) a
> contributor to the law-breaking. That would seem to be an important
> issue to clarify.
> 
> cheers,
> gja
> 
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