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- Xref: sparky news.sysadmin:1451 news.admin:8541 news.admin.policy:398 alt.binaries.pictures.erotica.d:9189
- Newsgroups: news.sysadmin,news.admin,news.admin.policy,alt.binaries.pictures.erotica.d
- Path: sparky!uunet!mcsun!sunic!psinntp!psinntp!intell!emcguire
- From: emcguire@intellection.com (Ed McGuire)
- Subject: Re: a.b.p.e. distribution (was, Re: Does USENET condone CHILD PORNOGRAPHY?)
- In-Reply-To: brad@clarinet.com's message of Fri, 13 Nov 1992 23:24:52 GMT
- Message-ID: <EMCGUIRE.92Nov15183003@fuller.intellection.com>
- Sender: emcguire@intellection.com (Ed McGuire)
- Organization: Intellection, Inc.
- References: <josh.721329561@mowgli> <1992Nov10.055540.505@dsd.es.com>
- <EMCGUIRE.92Nov11223031@fuller.intellection.com>
- <1992Nov13.232452.8530@clarinet.com>
- Date: Mon, 16 Nov 1992 00:30:03 GMT
- Lines: 35
-
- In article <1992Nov13.232452.8530@clarinet.com> brad@clarinet.com (Brad Templeton) writes:
-
- So while you may not read the group or look at any one posting, I have to
- say that in my judgement, knowingly feeding a group that contains mostly
- copyright violations will make you -- your site -- liable, not just the
- people posting these violations.
-
- There is precedent for this. Normally, people who on photocopy shops are
- not liable for what is done with photocopiers because they don't scan each
- thing copied. But a Kinkos did get sued to the tune of major dollars
- because they regularly let a professor come in and copy books regularly.
-
- If I know that Dr. Schmoe is copying books then I should have reported
- him to the authorities. I deserved to be sued if I did not.
-
- Kinko's is in the same position I'm in (or would be, if I carried
- alt.binaries). They /know/ that people are coming into their shop and
- violating copyright, but they are not liable in any specific case
- unless they are aware of the fact.
-
- The news network is a huge duplication and distribution machine. The
- person who violates copyright when operating the machine is liable for
- damages caused by her/his action. I ought to be liable for damages
- only if I take no action after learning of a specific violation
- involving my site.
-
- As I said earlier, I am in the same position as someone who
- unknowingly bought an illegal copy of a book. I am not required to
- destroy the book, but I should report the fact to the authorities if I
- become aware that the publisher violated copyright.
- --
- Ed McGuire 1603 LBJ Freeway, Suite 780
- Systems Administrator/ Dallas, Texas 75234
- Member of Technical Staff 214/620-2100, FAX 214/484-8110
- Intellection, Inc. <ed@intellection.com>
-