From: Robert Hettinga <rah@shipwright.com>
Date: Fri, 11 Oct 1996 11:03:50 -0700 (PDT)
To: cypherpunks@toad.com
Subject: SPA Press Release on ISP suits
Message-ID: <v03007833ae843c15bf0b@[206.119.69.46]>
MIME-Version: 1.0
Content-Type: text/plain



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Mime-Version: 1.0
Date:         Fri, 11 Oct 1996 12:36:55 -0400
Reply-To: Law & Policy of Computer Communications
              <CYBERIA-L@LISTSERV.AOL.COM>
Sender: Law & Policy of Computer Communications
              <CYBERIA-L@LISTSERV.AOL.COM>
From: Michael Dodson <dodsonm@WANE-LEON-MAIL.SCRI.FSU.EDU>
Subject:      SPA Press Release on ISP suits
To: CYBERIA-L@LISTSERV.AOL.COM

The formatting may be a bit rough.  I am not a pro at this.


FOR IMMEDIATE RELEASE  ((edited))

Contact: David Phelps, (202) 452-1600, ext. 320, dphelps@spa.org

SPA Files Copyright Suits Against ISPs and End Users

Internet Anti-Piracy Campaign Launched

(Oct.10, 1996 --Washington, D.C.) -- The Software Publishers Association
(SPA) announced today that it has filed five civil lawsuits for copyright
infringement occurring on the Internet. Three of the lawsuits were filed
against Internet service providers (ISPs), and the remaining two were filed
against individual end users. Additionally, SPA launched its Internet
Anti-Piracy Campaign, which includes education and enforcement components,
in an effort to educate and work cooperatively with ISPs regarding
copyright infringement.

ISP lawsuits were filed on Oct. 7 and 8 against Community ConneXion of
Oakland, Calif.; GeoCities of Beverly Hills, Calif.; and Tripod Inc. of
Williamstown, Mass. The SPA members named as plaintiffs in all three suits
were Adobe Systems Inc., Claris Corp. and Traveling Software Inc. In each
case, SPA first contacted the ISP and requested that the infringing
material be removed, but the ISP failed to respond and cooperate.

SPA also filed suit against Jeffrey Workman of Auburn, W. V., and Patricia
Kropff of Scottsdale, Pa, on behalf of Adobe Systems Inc., Claris Corp.,
Corel Corp., Datastorm Technologies Inc. and Novell, Inc. In each of these
instances, SPA received reports of alleged copyright infringement on
certain Web sites, and with the assistance of the ISPs, tracked the
individuals responsible for posting the infringing material.

"These lawsuits send a clear signal to ISPs and end users that neither
direct nor contributory copyright infringement will be tolerated. The
Internet does not provide a safe haven for these types of activities," said
Ken Wasch, SPA president.

SPA's Internet Anti-Piracy Campaign (IAPC), which is outlined at
http://www.spa.org/piracy/iapc.htm, contains information explaining why
ISPs may be liable for copyright infringement, the risks involved and seven
warning signs that infringing activity may be taking place on the ISP's
server. Additionally, ISPs may sign an ISP Code of Conduct to show they
have adopted the operating practices encouraged under the copyright law.

Upon receiving a report of alleged copyright infringement on the Internet,
SPA confirms the unlawful activity and sends a letter to the ISP servicing
the infringing user. In most cases, the ISP cooperates and remedies the
situation. If the infringing user can be identified -- as alleged in the
Workman and Kropff cases -- SPA may then choose to seek action against the
end user. If the ISP is unwilling to stop the unlawful activity, SPA may
choose to file suit against the ISP.

"Our intentions are to work cooperatively with ISPs. A key element of the
IAPC is the ISP Education Program devoted to alerting ISPs to their
potential liability and providing them with the tools and guidance to
protect themselves," said Joshua Bauchner, SPA's Litigation Coordinator.

"The IAPC maintains SPA's traditional balance between education and
enforcement. We first make contact in an effort to amicably resolve the
matter, and only when absolutely necessary do we turn to litigation."

An integral part of the cooperative effort between SPA and ISPs is the ISP
Code of Conduct. This simple agreement asks that ISPs protect themselves
from liability by stopping pirate activity on their systems. In return, SPA
will attempt to contact the ISP if it receives a piracy report concerning
it -- before initiating other action.

((end of edited release))

See http://www.computerworld.com/news/news_articles/961010spa.html
for early reactions.


Michael Dodson
dodsonm@wane-leon-mail.scri.fsu.edu

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-----------------
Robert Hettinga (rah@shipwright.com)
e$, 44 Farquhar Street, Boston, MA 02131 USA
"The cost of anything is the foregone alternative" -- Walter Johnson
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