For a somewhat biased view of the DMCA, see See http://www.chillingeffects.org. The thing is that while ce is very much against the DMCA, the have decent albeit biased analysis of the issues.
(I'm not a lawyer, but this is what I've been told by lawyers): Doesn't matter if the notice is there or not. ALL works are copyright from the instant they are fixed into a medium (created) - that's the Bern convention from the '80s(?). AFAIK - and certainly US - laws have been modified around the world to this. For example, this message is copyrighted whether or not I notice it so. Now asserting damages - under US law - pretty much requires registration. But the DMCA (and the offending company is a US one with a server located in the US) shifts the burden. You get a DMCA takedown notice you take it down, then you fight it. However this may all be premature. The proper first step is simply to put them on notice that they have used copyrighted material without permission. Luca - as the copyright holder - has to do that. -----Burton > -----Original Message----- > From: Mike Tremaine [mailto:[EMAIL PROTECTED] > Sent: Sunday, April 04, 2004 4:11 PM > To: Burton M. Strauss III > Cc: [EMAIL PROTECTED]; [EMAIL PROTECTED] > Subject: RE: [Ntop] How to (illegally?) make money :-( > > > On Sun, 2004-04-04 at 13:47, Burton M. Strauss III wrote: > > You both missed a key point - they have used Luca's copyrighted text and > > images w/o permission - compare the text and look closely at > the domain in > > the 1st screen shot. > > Glad you mentioned it. I thought about the image (screen shot) after I > hit send. It clearly has Luca copyright noticed attached and I'm betting > they never asked. > > -- > Mike Tremaine > [EMAIL PROTECTED] > http://www.stellarcore.net > _______________________________________________ Ntop mailing list [EMAIL PROTECTED] http://listgateway.unipi.it/mailman/listinfo/ntop
