On 5/7/07, Stephen Bain stephen.bain@gmail.com wrote:
On 5/7/07, Todd Allen toddmallen@gmail.com wrote:
If "trafficking" were as simple as "making the number show up on someone's computer screen", they'd get a lot more mileage out of suing Google than us.
The actions under discussion are:
- emailing material to all subscribers on the list, including other
archivers, and 2) putting the material in our own list archives, which are websites
We already know from existing case law that hosting material on your website and linking to the material on another website both constitute "manufactur[ing], import[ing], offer[ing] to the public, provid[ing], or otherwise traffic[king]". So that covers 2. If anything, 1 (which involves actually sending the material out to people) is more likely to fall under this definition than merely hosting the material on a website is.
Do you realize how ludicrous what you're saying is, though? Can the **AA sue the telephone company if I read the key over the telephone? Can they sue Fedex if I ship the key through their service?
We know from existing case law that setting up a website with the intent of distributing a software program constitutes trafficking in the program. To extrapolate from that that whoever happens to own the machines which are used in such a distribution are liable is not at all logical.
C'mon, think for a second about what you're saying.
Anthony