Hi John,
This discussion of DMCA is useful to me as a non-US resident.
Are we sure that the boilerplate included in I-Ds does not constitute a
statement by the authors that they have not, as far as they are aware,
infringed any copyright? In other words, isn't the boilerplate a pre-emptive
counternotice?
Cheers,
Adrian
-----Original Message-----
From: ietf-bounces(_at_)ietf(_dot_)org
[mailto:ietf-bounces(_at_)ietf(_dot_)org] On Behalf Of John
Levine
Sent: 04 September 2012 15:48
To: ietf(_at_)ietf(_dot_)org
Subject: Re: Draft IESG Statement on Removal of an Internet-Draft from the
IETF
Web Site
non-laywer here,
The IETF is not an ISP and does not accordingly have safe harbor privileges.
Junior Lawyer here. A quick look at the law, or even the Wikipedia
article about it
(http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitatio
n_Act)
reveals that the DMCA refers to "online service providers" which in
context means whoever runs the server hosting the content. That would
be some combination of the IETF and AMS.
If someone served AMS with a DMCA complaint, the options are basically
that they remove the allegedly infringing material, or that the party
providing the material to them, who might be the IETF or the I-D
author, provide a counternotice that the material is not infringing.
In either case, AMS is off the hook, but in the latter case, the IETF
would probably have to defend if the party sending the original notice
decided to sue.
The IETF may well be able to argue that it too is a conduit just
hosting the I-D's since I-Ds are posted by individuals using an
automated process, but that is the kind of argument that makes lawyers
wealthy, no matter who finally wins.
As far as I am aware, there's never been a DMCA notice for an I-D, and
with any luck there never will be, but in practice, a reasonable
policy is that if a proper DMCA notice (one that contains all six of
the required elements) arrives about an I-D, take it down unless the
I-D author provides a counternotice and indemnifies the IETF.
R's,
John