From: Sean Sutherland <seans@pobox.com>
To: cypherpunks@toad.com
Message Hash: ae55dfba54ac71005b7011346522f2b8eb6b551e3a86fcd862b01f1ceb1bb3da
Message ID: <19961016221000468.AAA176@maverick>
Reply To: N/A
UTC Datetime: 1996-10-17 00:35:20 UTC
Raw Date: Wed, 16 Oct 1996 17:35:20 -0700 (PDT)
From: Sean Sutherland <seans@pobox.com>
Date: Wed, 16 Oct 1996 17:35:20 -0700 (PDT)
To: cypherpunks@toad.com
Subject: SPA's Press Release
Message-ID: <19961016221000468.AAA176@maverick>
MIME-Version: 1.0
Content-Type: text/plain
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To: cypherpunks@toad.com
Date: Wed Oct 16 17:11:03 1996
After researching the SPA's lawsuit for awhile, I figured I might as well post
the SPA's press release regarding their lawsuit against C2 to see if it'll spur
some more discussion on it. If it weren't for the seriousness of the matter, I
would almost be amused by the SPA's lawsuit. Their term, "contributory
infringement" is almost like suing the bartender because a customer got into a
wreck while drunk. Note the "should have nown." Here's their specification for
this, copied from http://www.spa.org/piracy/risk.htm.
"Anyone who knows or should have known that he or she is assisting, inducing or
materially contributing to infringement of any of the exclusive rights by
another person is liable for contributor infringement. "
ie -
posting of serial numbers
posting of cracker utilities
linking to FTP sites were software may be unlawfully obtained
informing others of FTP sites were software may be unlawfully obtained
aiding others in locating or using unauthorized software
supporting sites upon which the above information may be obtained
allowing sites where the above information may be obtained to exist on a
server
Then there's their Vicarious Liability for Infringement by Another Person,
outlined by:
"Anyone who has the authority and ability to control another person who
infringes any of the exclusive rights and who derives a financial benefit
therefrom, is vicariously liable for the infringement of another person."
ie -
ISPs who have warez or pirate sites on their system
ISPs who have pirates for customers
sys admins for newsgroups or IRC where pirate activity takes place
It's interesting to note that this web page is entitled "Theories of Copyright
Infringement", and the only listing (which I didn't copy) which references a
law (section 501(a) of the Copyright Act, to be exact) is direct infringement
- -- the kind we all know and love. I'm curious, do the Contributory Infringment
and the Vicarious Liability for Infringment By Another Person claims have any
legal basis, or are they just the inane rantings they appear to be?
In a fair world, this wouldn't stand up in court...but unfortunately, with
juries today...you get the point. Anyway, here's their press release, again a
direct cut from http://www.spa.org/piracy/releases/netpir.htm.
- ----------
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.
Piracy has taken many forms on the Internet. These include making unauthorized
copies of software available for download, the posting of serial numbers,
cracker and hacker utilities and links to pirate FTP sites. Although many
believe piracy is limited to "warez" or illegal copies of software, it extends
beyond that narrow definition. Under the law, anyone who knows -- or should
have known -- of the infringement and who assists, encourages or induces the
infringement is liable for indirect infringement. In each of the actions SPA
filed, at least two of the above infringements were present.
For additional information please visit the Internet Anti-Piracy Campaign site
at http://www.spa.org/piracy/iapc.htm. The ISP Education Program information is
available at http://www.spa.org/piracy/ispinfo.htm. To report a case of piracy
please contact SPA's hotline at (800) 388-7478, piracy@spa.org or complete an
on-line intake form at http://www.spa.org/piracy/pirreprt.htm.
SPA is the leading trade association of the desktop software industry,
representing the leading publishers as well as many start-up firms in the
business, home office, consumer, education and entertainment markets. Its 1,200
members account for 85 percent of the sales of the U.S. packaged software
industry. SPA press releases are available through fax on demand at
(800) 637-6823.
- ---end bs
- ---
Sean Sutherland | GCS/C d- s+:+ a--- C+++ V--- P L E- W++ N++
PGP Key ID: E43E6489 | K- w o O-(++) M-- V PS+ PE++ Y++ PGP++(+)
http://pobox.com/~seans | t--- 5+++ X++ Rb++ DI+ D+ G e- h! !r y
In UNIX, no one can hear you scream.
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