And when magic fairies bring me the pot of gold at the end of the rainbow I will start to think about believing in the tooth fairy and this junk.
Under the DMCA you do not have to actively monitor your system for illegal activity. You do not. I will repeat that just for kicks because someone else said you do - you do not. Once notified you must take action. Of course your first action will most likely be to tell your client - who if they want can send you a formal protest letter - and you have to let them stay up. You are not the court, you are not the police. If the police or courts tell you to shut someone down - then you do - but a complaint for copyright infringment or obscenity does not have to mean removal by you. And you - again - do not have to actively monitor the system looking for it. Your automatice processing of the data does not make you an editor. Just like backing up your servers does not make you a publisher (even though you are recording a collected work on another medium) - filtering of mail by an automated process does not make you an editor. But by all means - waste your life staying up nights worrying about this or trolling in message boards. Anything to keep you off the street. But for the rest of you - ignore this junk. When we first opened our forums up we checked with a lawyer well versed in these types of things. We wanted to moderate - if the moderation happens automatically (like f*d company) you do not have to actively look for problems, you can wait until they are brought to your attention, but if you hand moderate - for the most part you are still safe because you are not the courts, you are not the police - but in the case of hand moderation (personal intervention) you must act in a reasonable manner - meaning obvious things child porn etc must be removed - non obvious things - copyright infringements etc still fall under the notification rule. And if you acted reasonably when notified, even then you are clear. But go ahead, spread the myths. Please tell me about the time your brothers friend from college asked about the recipe for cookies from Neiman-Marcus and was stuck paying $250 for it. We need a snopes.com for admins. Chet ---------- Original Message ---------------------------------- From: "Todd Holt" <[EMAIL PROTECTED]> Reply-To: [EMAIL PROTECTED] Date: Sat, 16 Mar 2002 19:55:18 -0600 >Just wait until some lawyer finds a way to do this successfully (for the >money of course, not the quality of the internet)! :-) > >You won't think its a non-issue then. > >Todd > >-----Original Message----- >From: [EMAIL PROTECTED] >[mailto:[EMAIL PROTECTED]]On Behalf Of discuss >Sent: Saturday, March 16, 2002 3:49 AM >To: [EMAIL PROTECTED] >Subject: Re: [IMail Forum] Legality of spam blocking and virus scanning > > >Why does this silly nonsense raise its head here? > >So is caller ID an editor? What about my phone companies offer to >block calls that do not identify the caller? > >Get real, this is non-issue and should not be worried about - do >not listen to this nonsense. This claim has no basis in fact and >would just be silly - if it weren't sad for the people who believe >this crap. Next he will tell us you can't sell old games on ebay >because some guy's brother who is friends of his sisters >babysitter said so. > > >---------- Original Message ---------------------------------- >From: Jon Hall <[EMAIL PROTECTED]> >Reply-To: [EMAIL PROTECTED] >Date: Sat, 16 Mar 2002 01:55:20 -0500 > >>Let me say that I am not trying to start a flame war or anything, >and >>think that both spam filtering and virus scanning at the mail >server are >>good things. However... >> >>ISP's, and web hosters are all in essence, but not really common >>carriers (in the US). We cannot be prosecuted for any bad stuff >(like >>spam, viruses, or bomb threats) that is passed through our >networks. >>However there is a lot of legal precedence in the US and abroad >that if >>you taking upon the role of editor, that you become responsible >for the >>content. >> >>So does scanning viruses and filtering spam for users, equal >editorial >>responsibility? I personally think so, but it hasn't been tested >in >>court yet to my knowledge. I see a scenario where a semi- >legitimate >>spammer sues an ISP for blocking his "marketing" that a user >wanted, >>because somehow he got on a filter list, or how about the >business who >>thought their ISP was filtering viruses and one gets through and >wipes >>out a million dollar database? >> >>Just one of those things to keep in the back of your mind... >> >>jon >> >> >>Please visit http://www.ipswitch.com/support/mailing-lists.html >>to be removed from this list. >> >>An Archive of this list is available at: >>http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ >> >>Please visit the Knowledge Base for answers to frequently asked >>questions: http://www.ipswitch.com/support/IMail/ >> > > >________________________________________________________________ >Get your own evilemail.com address at http://www.evilemail.com > > > > > >Please visit http://www.ipswitch.com/support/mailing-lists.html >to be removed from this list. > >An Archive of this list is available at: >http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ > >Please visit the Knowledge Base for answers to frequently asked >questions: http://www.ipswitch.com/support/IMail/ >--- >[This E-mail scanned for viruses by Declude Virus] > > >--- >[This E-mail scanned for viruses by Declude Virus] > > >Please visit http://www.ipswitch.com/support/mailing-lists.html >to be removed from this list. > >An Archive of this list is available at: >http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ > >Please visit the Knowledge Base for answers to frequently asked >questions: http://www.ipswitch.com/support/IMail/ > ________________________________________________________________ Get your own evilemail.com address at http://www.evilemail.com Please visit http://www.ipswitch.com/support/mailing-lists.html to be removed from this list. 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