[WikiEN-l] That random number

[Andrew Lih]

On 5/6/07, Oskar Sigvardsson <oskarsigvardsson at gmail.com> wrote:
> On 5/6/07, Tim Starling <tstarling at wikimedia.org> wrote:
> > The DMCA does not prohibit publication, it prohibits "trafficking". The
> > MPAA vs Corely case held that publication on a website constitutes
> > trafficking, and this was upheld at appeal. The Act specifies damages of
> > $200-$2500 per "act of circumvention, device, product, component, offer,
> > or performance of service". Presumably every time someone downloads the
> > number from the mailing list archive, and every time we send it to someone
> > by email, this constitues trafficking of such a device.
> >
> > WikiEN-L has 878 members, so sending the key to the list would create a
> > liability of between $175,600 and $2.2M, plus archive downloads and what not.
> >
> > -- Tim Starling
>
> I just want something clarified. If I understand it correctly, before
> the AACS people sue, they have to send a DMCA takedown notice, right?
> And then they can sue if we don't comply?
>
> Why not just take it easy for a while and leave the archives intact,
> and if they do send a takedown notice, then we comply.

This is where things can get mixed up easily. You may be referring to
the "DMCA takedown" as usually referenced when it comes to copyrighted
content. And there is a strict procedure specified in the OCILLA:
http://en.wikipedia.org/wiki/OCILLA#Take_down_and_put_back_provisions

The probelm with "the key" is that it's not a copyright issue -- it's
the matter of it being part of circumvention. So in that case, it is
not "safe harbor" that is an issue.

-Andrew (User:Fuzheado)