RE: [Cdn-DMCA] Anonymity

From: Jason Young <jyoung _-at-_ lexinformatica.org>
To: No DMCA in Canada <canada-dmca-opponents (at) flora.org>
Date: Fri, 5 Apr 2002 21:50:22 -0500
References: <Pine.LNX.4.21.0204052030040.5276-100000@diamond.ansuz.sooke.bc.ca>

I think CAIP has a 'take down' procedure in place and I suspect it 
mirrors the safe harbour provisions in the DMCA: someone correct me 
if I'm wrong; I haven't read it. If it does, identifying the poster 
for purposes of suing that person for copyright infringement, and 
identifying them for the purposes of notifying them of a 'notice and 
take down' are two separate things.

An ISP does not have to ascertain the identity of the poster for the 
purposes of 'notice and take down' beyond knowing what their email 
address might be, so that they could inform them of the receipt of a 
request for take down. If the alleged rights holder wants to 
ascertain the identity of the poster for the purpose of suing them, 
that's a separate and non-copyright issue. I don't think it belongs 
here.

Jason

>On Fri, 5 Apr 2002, Jason Young wrote:
>>  in the work and the right of authorship/attribution, which includes a
>>  right to anonymity.
>
>We should perhaps bring up the right to anonymity in the context of the
>ISP liability discussion.  Someone who is posting infringing material is
>not the author and so doesn't have a copyright anonymity privilege, but if
>allegedly-infringing material were traced for takedown purposes, and then
>found to be original, the author's right to post it anonymously would have
>been already and irreparably violated.
>--
>Matthew Skala
>mskala@ansuz.sooke.bc.ca                    Embrace and defend.
>http://ansuz.sooke.bc.ca/
>
>--
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-- 
Jason Young
jyoung@lexinformatica.org
613.531.3442
--
For (un)subscription information, posting guidelines and
links to other related sites please see http://www.flora.org/dmca/