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« Do as I say, not as I do... | Main | Potential of Napster Lost »

September 04, 2004


So what kind of liability does Warner Bros. face if they ARE wrong, good faith belief aside? Perhaps this is an area we should explore.

If account operators do, in fact, delte or disable accounts and / or content, resulting in loss of uptime, files, resources, etc., shouldn't we hold both the operator AND Warner Bros. liable for those actions.

Further the use of automated processes cannot, alone, be trusted, unless those processes ALSO download the file. Let's say my friends and I shoot a fun parody video on our ZR10, edit it in iMovie, call it Starsky and Hutch.asf (it was a short film where we pretended to be crime fighters) and share it on Gnutella. WE ARE the copyright owners of that file, regardless that the name alone implies that it could be a work copyrighted by Warner Bros.

I think it would be a particularly interesting situation if the university took down my internet access, deleted any associated web sites, etc. based on mere "Good Faith" belief of an agent of Warner Bros. (esp. if paid by the number of notices sent). Time to turn that around and sue for damages resulting from my loss of internet access, value of lost files (should have made backups, eh?) and any and all costs associated with getting legal counsel, etc. to have my accounts reestablished.

Of course recovering would be nearly impossible...

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