03-16-2012, 11:34 AM
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Confirmed User
Join Date: Aug 2003
Posts: 7,082
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To all the copyright holders who argued that lack of a designated agent means you lose safe harbor
http://www.techdirt.com/articles/201...iability.shtml
Quote:
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1. That Counterclaimants Democratic Underground and David Allen have committed no volitional act giving rise to a claim for direct copyright infringement. Counterclaimants neither posted the excerpt nor encouraged the posting. Nor did they have any knowledge of the posting until after this suit was filed. See Religious Tech. Ctr. v. Netcom On-line Commnc?n Servs., 907 F. Supp. 1361 (N.D. Cal. 1995) (direct copyright infringement requires ?some element of volition or causation which is lacking where a defendant?s system is merely used to create a copy by a third party?); see also CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004) and Cartoon Network LP v. CSC Holdings, Inc,, 536 F.3d 121 (2d Cir. 2008).
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“When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak
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