01-12-2012, 07:06 AM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Quote:
Originally Posted by nextri
If I send a picture to AT&T from my phone and they send it to the 50 people I selected on my contact list, are AT&T then responsible for publishing it and should be held responsible if it was copyrighted?
In principle, there isn't a difference between that, and me doing it on facebook.
Many internet services are communication platforms, just as much as AT&T. You can't hold the provider responsible for the communication that takes place by it's users.
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Quote:
Originally Posted by blackmonsters
Re-state your above scenario and change "picture" to "picture of CP" and that you constantly do it and AT&T has been informed about it and it keeps happening but
AT&T doesn't give a shit and they continue to let your pics go thru.
Try that one.
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ATT is not under the US RICO Act or in most international laws a "criminal enterprise" and not the "policeman"; They have shelter of responsibilities in their contracted users' actions this is similar to the holder in due course in financial transactions -- same principles. However, if a common carrier has specific knowledge of criminal activity by the order of a court they are compelled to act -- they can limit any action to that -- receipt of a court order signed by a judge.
And so it should be; This is why adjudication exists ...
Personal property rights are a civil issue usually in copyright matters and C/P is a criminal issue. Don't compare apples and oranges -- it's pointless ...
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