[ NNSquad ] Re: RIAA to stop suing file-sharers, will work with ISPs to cut off repeat offenders

[Brett Glass <nnsquad@brettglass.com>]

At 11:54 AM 12/20/2008, Bob Frankston wrote:
 
>Having to choose among censors is not the same thing as free speech 

Stopping criminal activity is not "censorship." And stealing intellectual
property is not "free speech."

At 12:56 PM 12/20/2008, James S. Huggins wrote:
 
>Ccurrently the RIAA sues you if it finds copies on your PC
>
>However, it is generally not a violation of the terms of service of any
>access provider to have illegal content on your PC.

The RIAA won't find you hosting illegal content on that ISP's network, and
hence won't issue a notice to that ISP, unless you are transmitting or 
receiving it through the ISP's network.

At 01:21 PM 12/20/2008, Lauren Weinstein wrote:
 
>    There is indeed considerable speculation that the ISPs have little
>    to gain and much to lose by participating in the new RIAA regime.
>    Cooperating ISPs will now need to deal with a continuing flow of
>    RIAA notifications (sending a notification to an ISP is simpler
>    than filing a lawsuit against a target).  Also, ISPs are likely to
>    find themselves dragged into the disputes, and probably legal
>    actions as well in extreme cases, that will result from the
>    inevitable false accusations that will be triggered by faulty RIAA
>    analysis and resulting notifications.

There's no speculation about the fact that it will cost us. But as both
a producer of intellectual property and an honest person, I do not want
to see my network used to break the law. What's more, the people engaged
in those illegal activities are, by and large, the worst abusers of our
network. So, we'd be willing to entertain proposals that would not be
unduly expensive to implement and did not embroil us in legal disputes.

--Brett Glass

   [ Free advice: Before getting into bed with the RIAA on this one,
     demand that they indemnify you in writing from all potential
     legal expenses that could result by virtue of you becoming their
     (unpaid?) agent.  Better yet, require that they also pay you on
     an ongoing basis in return for acting as their agent in such
     matters.

         -- Lauren Weinstein
            NNSquad Moderator ]