I can't name law X that required them to fill out form Y and submit it to agency Z.
But in the general sense the reason why you as an individual don't get the same
protections as an OSP is because they compile with certain rules and that gives them
the extra protection. If you complied with he same rules you too would have
protection (in theory anyway).
I recently pointed to this Bar article.
http://www.flabar.org/DIVCOM/JN/JNJournal01.nsf/0/a79cab7e1a590ea585256e7f005f57d3?OpenDocument
So lets use it.
"The OSP must 1) adopt, reasonably implement, and notify its users of a policy of
terminating the accounts of subscribers who are repeat infringers; and 2) accommodate
and not interfere with "standard technical measures" that have been widely adopted on
the basis of industry-wide consensus. "
No real subscribers in freenet, but it could require to you to ban certain IPs.
"The OSP must designate a "copyright agent" to receive notices of alleged copyright
infringement, register the agent with the Copyright Office, and place relevant contact
information for the agent on its Web site."
Not even close to complying with this one.
"The OSP must, upon receiving a notification of infringement from a copyright owner,
expeditiously remove or disable access to the infringing material ("notice and
takedown"). "
If you received such a notice, which they would only need to send you if you complied
with the above rule, you would need a way to remove the key and probably prevent if
from being put back on your node.
As for the discussion about making it so you can't remove a key from your data
store.... I don't think the RIAA would take "I can't" as an acceptable answer and
would probably require you shut down the whole service if you couldn't..... but it
could work if you had enough money to try to argue it in court.
"The OSP must not have known about the infringement, or been aware of facts from which
such activity was apparent (i.e., a "blind eye" approach misses the safe harbor)."
Looks like freenet complies with this.
"The OSP must not receive a direct financial benefit from infringing activity, in a
situation where the OSP controls such activity."
Definitely complies with this.
While this is only copyright law, the criminal law is most likely similar.
So it seems like if you want to be considered an OSP and get the same protections the
biggest changed that would be need is to add a way for someone to contact you to order
you to remove some content. Not sure if an email address would do or a physical
address is needed.
So if you make this change, and find a way to comply with the blocking of users and
the removal of content clauses. You should be ok.
It's basically like I've said before. If you wanted to start a company for the
purpose of running freenet, you should be ok.
Of course if you tried to get the protections by qualifying as a protected OSP then
someone like the RIAA could annoy you to no end by sending you take down orders for
1000s of different keys. Of course it would take time to send those orders. So it
would be a battle of who gives up first, but since it's easier to send the orders then
try to comply with them I think they would win in the long run.
"Can you cite an example where it is clearly demonstrated that private ppl who run a
server and offer a service, do not fall under the protection of an ISP?"
Perhaps you remember the napster of old?
They ran their server, offered their service, and got reemed.
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of
[EMAIL PROTECTED]
Sent: Thursday, August 12, 2004 8:10 PM
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Subject: [Tech] [freenet-chat] Re: freenet/ISP status,
Importance: Low
>Stop right there. You're overlooking the extraordinary simplicity of
>the way to determine whether a key is, or is not, in your data store.
Even if so, my point was only to have reasonable claim, before a court, that you could
not remove the 'copyrighted' chks out of your datastore because you don't know what it
looks like, with the encryption. Requesting it at htl 0 would indeed indicate that you
have it somewhere in your dir, but not where and under what name it is stored in your
datastore. Sure, if you hack into the prog or something, you might see what
corresponds to it, but hacking or encrytion-breakling will be considered above the
capabilities ('reasonable effort', is the term, I think) of most users by the courts.
As for findley: your whole reasoning stands or falls with the assumption a
freenet-node-runner can not fall under the same protection as classical ISPs. I can't
be sure for the USA, but in my country, courtrules have rather leaned towards the rule
that, if you deliver an online service to the public, whether you are a private
individual or a company, you have the same rights. In essense, an ISP, as the name
indicates, deklivers an internet service to others. That's exactly what someone
running a freenetnode is doing. the courts thusfar, in my country, seems to agree.
Can you cite an example where it is clearly demonstrated that private ppl who run a
server and offer a service, do not fall under the protection of an ISP?
Otherwise, this whole discussion is rather academic, untill a precedent is made.
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