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From: Vachon, Scott (Scott.Vachon_at_Paymentech.com)
Date: Fri Jul 12 2002 - 08:53:05 CDT
>They are a business. Think "$ loss". With one, a single person may or
>may not end his subscription for a small amount. With the other they
>face fines of a high multiple of that.
>What do YOU think they would do?
Good Question James. We know that the person or company which owns
"intellectual property'" is entitled to charge a price for its use. We also
know they have the legal right to compensation for the theft of this
property. Further, I would state that the ability to control the legal sale
of/distribution of this media via online distribution (pay per view or
single user purchase outright) is fundamental to the financial success of
Broadband Media Providers and /or Media creators. What do I think they
should do ? Perhaps selling an outrageously expensive PC hardware component
for playback of the Copyrighted material (perhaps in conjunction with a card
similar to that in DirectTV receivers) is a solution. It is not a perfect
answer but, a step forward. And yes, I suppose one can argue this is a
crackable solution too.
Back to the original topic however, I did peruse the DMCA. I would agree the
ISP is legally required by the DMCA to immediately ask the end user to
remove the material and not distribute it. And from the sample letters
submitted to the list, it appears the MPAA meets all their legal
requirements under the DMCA. However, (and I am not a lawyer) it appears the
ISP is released from liability if the "party notified" of the infraction
acknowledges to the ISP that the copyrighted material has been destroyed or
removed from the system (Section 202, Conditions, Paragraph E ???) . Simple
as that ? I don't know but, it seems so. Perhaps someone on the list who has
received the warning letter can respond to their ISP stating they removed
the material and see what happens ??? Thought ?
Disclaimer: My own two cents...