At 05:04 PM 5/1/2007 -0400, Perry E. Metzger wrote:
[EMAIL PROTECTED] ("Hal Finney") writes:
> A sample demand letter from the AACS Licensing Authority appears at:
>
> http://www.chillingeffects.org/notice.cgi?sID=03218
...
> This seems odd to me because my understanding of the DMCA's
> anti-circumvention provisions is that they are criminal rather than civil
> law. Violations would lead to charges from legal authority and not from a
> copyright owner. So it's not clear that AACSLA has any power to enforce
> these demands, other than trying to get some government agency involved.
That would indeed seem to be the case from me as well. Takedown
notices are only for copyrighted material. This is not per se a
standard takedown notice.
It isn't a standard 17 USC 512(c)(3) takedown notice, it is a
non-statutory notice advising Google of possible liability if the
allegedly offending sites aren't taken down.
Without getting into a lengthy discussion of whether this is a
violation of the DMCA anti-circumvention provisions, alleged
violations certainly can be pursued in civil court as well as
criminal court. The semi-infamous 2600 case, involving the posting
of DeCSS to many sites, was a civil case. Court of Appeals Opinion
at
<http://www.eff.org/IP/Video/MPAA_DVD_cases/?f=20011128_ny_appeal_decision.html>.
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James S. Tyre [EMAIL PROTECTED]
Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net
Policy Fellow, Electronic Frontier Foundation http://www.eff.org
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