On 5/6/07, Tim Starling <tstarling(a)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