Re: [SLUG] Jailing the Pirates

From: Frank Roberts - SOTL (sotl155360@earthlink.net)
Date: Sun Jul 20 2003 - 20:44:26 EDT


> Under Zeran vs. AOL and other decisions, ISPs are immune from copyright or
> other intellectual property suits due to actions done by their users unless
> there is a clear demonstration that the ISP was involved or the content is
> created/maintained by the ISP itself.

I don't know but I believe that is when the ISO is acting in the capacity of a
common carrier like telephone companies do.

But! I was reading an article earlier today in which the ISO have a written
contract with their clients where anything that the clients post on that ISO
becomes the intellect property of that ISO. I seem to recall from another
source that MS does this too. I a case like this then I believe that since
the poster in effect voluntary gave up all rights to their data that the
liability will fall on the ISO.

You may want to check your contract to see who owns the post data.
You could have some rather unpleasant surprises.

Frank



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