--- Bryce Harrington <[EMAIL PROTECTED]> wrote:
> I guess my point is, even if you doubt WOTC would
> bother suing a fan,
> don't assume fans are less likely to invoke legal
> action than others;
> TSR could, and *did*, and if they felt the need, I
> don't think WOTC
> would refrain from doing something like that in the
> future. (For
> example, sending a letter to GeoCities with a list
> of accounts which
> "appear to have some amount of infringing
> materials", and requesting
> those pages be removed.)
I've heard weird stories about hair-trigger response
from some web hosting places like Geocities, so I'm
not sure their policies are representative of the
marketplace at large. My ISP's policy is pretty
similar to what I've seen from other large ISPs, and
they require a formal notice from the copyright holder
before they'll disable a customer's pages. If the
customer believes that the complaint was filed as a
result of a mistake or misidentification, he sends a
formal response to the complaint, at which time the
ISP has to restore access to the pages. The only way,
as far as I know, to get them taken down after that is
for the copyright holder to file suit against the web
site owner and then get a judge to grant an
injunction. I'm not a lawyer, but that's how my ISP's
legal department told me that it works. Both the
complaint and the response statements are made under
penalty of perjury, so as far as I understand it, some
company can't go knocking down sites unless they're
prepared to swear that the sites violate their rights.
Neal
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