Just wondering how many out there know of the wonderful joys of the DMCA, and posting a link to help ensure nobody gets caught on the wrong end of a contributory infringement complaint.

It's only $30 to get listed and can potentially save lots of headaches in the long run of things.

Just figured I'd make a public heads up for anyone who hasn't seen.

http://www.copyright.gov/onlinesp/

What exactly does this do?

From what I understand, it works like this.

Company A owns product X.

If a client of yours uploads product X to your server, and is distributing it without rights (i.e. copyright infringement), then, if you do not have a registered contact to report this infringement to, you can be held liable (responsable) for conributory copyright infringement (helping someone to infringe someone elses copyright).

Most copyright owners would, i would assume, not choose to act against you, but without registering, it appears that they would have the option to sue you because of what your client did.

Please keep in mind, I Am Not A Lawyer, nor do I even pretend to play one on T.V. This is just something I came acrosss in my research that I figured may be note-worthy.

so, who has to register? the carrier? the dc? the host? or the reseller?

and isn't this a bit crazy? why do we have to pay someone to be a contact? isn't it enough to have a copyright infringement section on our tos with the required info for submitting a suspected infringement report?

http://www.copyright.gov/title17/92chap5.html#512

That's the link to the law. It doesn't say levels, so I personally wouldn't think there are any that apply. I'll be sending in our registration next week, heh. If I'm wrong, I spent $30 for nothing... but if I'm right, and a client does get hit for CR infringement... That $30 just possibly saved a whole lot of money :)

Originally posted by boeki
and isn't this a bit crazy? why do we have to pay someone to be a contact? isn't it enough to have a copyright infringement section on our tos with the required info for submitting a suspected infringement report?

Also, you can't expect someone to read through your TOS to find out to who they should report the infringement. It's all about CYA (Cover Your A....). By the way, the resouce I origionally found this information in, is:

The GigaLaw (ISBN: 0-8129-9198-2)m by Doug Isenberg, published by Random House. Page 44, PP 3.

Though as I said, I am not a lawyer :) I could (very likely) be (completely) wrong.

As an added note, on the next page of the book, it states:
"... before sending a notice under the DMCA or attempting to qualify as a service provider under the safe harbor provisions, you should consult with an attorney who is erperienced and familiar with the latest developments of this importaant Internet law." (any spelling errors are mine)

Copyrights are so old and not updated enough everyone does it freely like nothing ...I know people who have servers with 10TB+ selling/distributing these kinds of stuff "warez" and is amazing how many DCMA/RIAA/FBI complaints they get but their host still is up and dont get in trouble .... If people want to end this they need to push the laws ..but i say keep the way they are!