Hi John, This discussion of DMCA is useful to me as a non-US resident.
Are we sure that the boilerplate included in I-Ds does not constitute a statement by the authors that they have not, as far as they are aware, infringed any copyright? In other words, isn't the boilerplate a pre-emptive counternotice? Cheers, Adrian > -----Original Message----- > From: ietf-boun...@ietf.org [mailto:ietf-boun...@ietf.org] On Behalf Of John > Levine > Sent: 04 September 2012 15:48 > To: ietf@ietf.org > Subject: Re: Draft IESG Statement on Removal of an Internet-Draft from the > IETF > Web Site > > >non-laywer here, > > > >The IETF is not an ISP and does not accordingly have safe harbor privileges. > > Junior Lawyer here. A quick look at the law, or even the Wikipedia > article about it > (http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitatio > n_Act) > reveals that the DMCA refers to "online service providers" which in > context means whoever runs the server hosting the content. That would > be some combination of the IETF and AMS. > > If someone served AMS with a DMCA complaint, the options are basically > that they remove the allegedly infringing material, or that the party > providing the material to them, who might be the IETF or the I-D > author, provide a counternotice that the material is not infringing. > In either case, AMS is off the hook, but in the latter case, the IETF > would probably have to defend if the party sending the original notice > decided to sue. > > The IETF may well be able to argue that it too is a conduit just > hosting the I-D's since I-Ds are posted by individuals using an > automated process, but that is the kind of argument that makes lawyers > wealthy, no matter who finally wins. > > As far as I am aware, there's never been a DMCA notice for an I-D, and > with any luck there never will be, but in practice, a reasonable > policy is that if a proper DMCA notice (one that contains all six of > the required elements) arrives about an I-D, take it down unless the > I-D author provides a counternotice and indemnifies the IETF. > > R's, > John > >
