On 5/6/07, Tim Starling tstarling@wikimedia.org wrote:
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.
No, that's for copyright violation. Doesn't anyone follow links? From "09 f9: A Legal Primer":
' It's for *infringement of copyright*. Trafficking in circumvention tools *is* a violation of copyright law, so it *is* a "copyright violation".
"What about the DMCA safe harbors? While no court has ruled on the issue, AACS-LA will almost certainly argue that the DMCA safe harbors do not protect online service providers who host or link to the key (the AACS-LA takedown letters do not invoke the DMCA "notice-and-takedown" provisions, nor do they include the required elements for such a takedown, thereby signaling the AACS-LA position on this).
The CDA is more clear in this case. "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
Anthony