On Wed, 26 May 2004 10:11:04 EDT, [EMAIL PROTECTED] said: > Possession of the code does not prove one has copied it though. > If someone posts it on usenet, he is copying it to numerous servers, > but the recipient is certainly not acting as the copying agent. Similar > if someone who has the code does ftp send to drop copies on someone > else's server: the person who receives such a copy is not the one who > performed the copy action.
Actually, the recipient *is* also liable. For that matter, as the law stood before the DMCA was passed, the *ISP* was liable too. That's the specific reason why the "ISP Safe Harbor" provision of the DMCA exists - it basically boils down to "the ISP is not liable for their user's actions *if* they do something about it when notified of an infringement". http://www4.law.cornell.edu/uscode/17/512.html That whole section was specifically written so the ISP can't be sued down to their skivvies because their Usenet server happened to have a copy of infringing material on it. That's why the RIAA and MPAA send '512 Takedown' orders to ISPs - otherwise they'd be suing the ISP *and* the user.....
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