On 5/6/07, Tim Starling tstarling@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.
--Oskar