[WikiEN-l] That random number

Oskar Sigvardsson oskarsigvardsson at gmail.com
Sun May 6 14:04:46 UTC 2007


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.

--Oskar



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