RE: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

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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-bounces@xxxxxxxx [mailto:ietf-bounces@xxxxxxxx] On Behalf Of John
> Levine
> Sent: 04 September 2012 15:48
> To: ietf@xxxxxxxx
> 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
> 
> 





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