[I'm spooling up Seth Cohn's posts and consolidating them into a
single reply. Order of comments has been rearranged for (supposed)
clarity. An errors in editing are mine and mine alone. Actual
results may vary. Participating locations only.]
On 3/26/07, Seth Cohn <[EMAIL PROTECTED]> wrote:
*** DO NOT DISCUSS ILLEGAL ACTIVITIES ON THIS LIST. ****
I understand your point, and will comply with your wishes, despite my
_opinion_ that it's not illegal in the first place.
*Thank you.*
pissing match with the MPAA.
Since we were talking television and not ever movies, the MPAA isn't
an issue ...
Um, the MPAA explicitly considers television their problem:
"The MPAA ... serve as the voice and advocate of the American motion
picture, home video and television industries"
-- http://www.mpaa.org/AboutUs.asp
You make the same mistake a lot of people do (myself included): You
suppose the world (and law in particular) works the way you think it
should. There is a huge difference between supposition and actual
knowledge.
Fear of the unknown law is worse than the actual laws at times.
If you are willing to sign a contract stating you will cover all of
the costs arising from hypothetical legal action (including legal
council, as well as replacement hardware if the server is seized as
evidence), and are willing to post a bond as a measure of your
commitment, then I'm willing to hear you.
Otherwise, you're volunteering me, GNHLUG, and MV Communications for
*your* legal battle. I'm not too keen on that idea.
It's relatively easy for one person to take on a battle. As the
list admin, I have a responsibility to act in the interests of
everyone who associates themselves with GNHLUG.
... cyberlaw is a mixed bag so far...
Absolutely. And we have no way of knowing what we might pull out of
said mixed bag, should it come down to it. I, for one, do not wish to
gamble on it.
No, I am not a lawyer, neither are you.
No, I am not a lawyer. However, I *am* acting on real legal council
received from an actual lawyer in a past situation about the common
carrier status of a BBS.
http://www.techdirt.com/article.php?sid=20060306/0356217#c171
While I do not dispute that certain legal protections have been
(inconsistently) applied to online forums, I note you posted a link to
a comment in a blog which is a link to a different blog entry which is
a link that results in an HTTP 404 error. As citations go, that one
fails to impress. (I'm not asking you to go Google some more links;
I'm pointing out that your failure to check your source has somewhat
diminished your credibility in my eyes. Moral being: Check your
sources.)
when you can't discuss the issues (and use illustrations such as links of the
sort of things that are under fire), ...
The courts see a difference between the discussion of a law in
general, vs explicit instruction on how to break said law.
Further, the courts, not to mention your fellow human beings,
recognize the concept of "intent". You were asked not to bring up
details of practicing copyright violation, and in response you posted
a link to a site that specializes in same. That is more than walking
on legally shaky ground. That is behaving like a jerk. I will give
you the benefit of the doubt, and assume that was an exception to your
normal behavior. I'm certainly not immune to loosing my cool.
-- Ben
"Can't you see / My temperature's rising / I radiate more heat than light"
-- Rush, "Presto"
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