Page 2 of 2
Posted: Mon Apr 02, 2007 11:11 am
by ~
I think this forum could be taken as one of the best free "books". Just make your best to keep posting coherent questions and share some bit and you'll be more easily helped
Posted: Mon Apr 02, 2007 3:01 pm
by Android Mouse
It is a fact that a forum administrator (chase) can face legal charges if illegal content is offered / advertised on the board. That should be enough reason for anybody.
Chase is considered the service provider of this forum and is legally protected, not to mention no copyrighted material has been posted or sent across his server or forum:
DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA") creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent.
Posted: Mon Apr 02, 2007 4:28 pm
by Kevin McGuire
Chase is considered the service provider of this forum and is legally protected, not to mention no copyrighted material has been posted or sent across his server or forum:
You were reading the summary. You have the read the complete document:
http://thomas.loc.gov/cgi-bin/query/F?c ... iUf:e57376:
`(d) INFORMATION LOCATION TOOLS- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider--
`(1)(A) does not have actual knowledge that the material or activity is infringing;
`(B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
`(C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
`(2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
`(3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.
A, B, and C in my unprofessional opinion are kind close considering that you would force chase to prove he knew nothing of this thread which could be quite risky since you could have just never posted them in the first place. The information location is the actual forum, the sub forum, and that thread title saying looking for books.
Now I in now way am a professional lawyer, but just by looking for potential problems that could come from the DMCA I see justification in my unprofessional opinion that it is
not worth the risk or
right.
I think my lengthy discussion with you gives way to:
`(B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
You have a
criminal mind. I mean you misunderstand what the DCMA is for because of ignorance to actually spend time looking it up. It does not say we will do nothing to service providers. Instead it says we will give them a little way lead since we understand stuff happens, but if we find out they let it happen then they get it too.
And now that I think about it just to clarify the fact that it states:
...<out of context>..is not aware of facts or circumstances from which infringing activity is apparent...<out of context>...
Activity.
Posted: Mon Apr 02, 2007 5:57 pm
by Tyler
Why the **** are we arguing semantics... he shouldn't be looking to commit a crime here whoever it effects it is not good for the forum... So just no..
Posted: Mon Apr 02, 2007 6:33 pm
by Android Mouse
I think my lengthy discussion with you gives way to:
`(B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
He definatly meets this condition regardless if he had seen this topic or not. Once again, no copyrighted materials have been transmitted through his servers, no metadata, hashes of the files or anything. I even explicitly said that transmission would not occur through his network, hence he isn't liable, not his network. For all he knows I may not even have a single ebook that was claimed. He couldn't have knowledge of any actual infringment if he wanted to because no copyrighted materials have passed through his network.
You have a criminal mind.
Flamebait.
Posted: Mon Apr 02, 2007 6:47 pm
by Kevin McGuire
Maybe I am crazy. Maybe you are crazy. Maybe we are all crazy.
Posted: Mon Apr 02, 2007 7:03 pm
by Android Mouse
Kevin McGuire wrote:Maybe I am crazy. Maybe you are crazy. Maybe we are all crazy.
Insanity has no bounds
Posted: Mon Apr 02, 2007 10:00 pm
by Solar
Guys, I can't really believe you're discussing this.
Pirating copyrighted material is illegal. Offering or distributing illegal stuff is illegal. This server shall not be involved in illegal activities. End of story.
Posted: Mon Apr 02, 2007 10:15 pm
by mystran
Just lock the thread already.
Posted: Tue Apr 03, 2007 12:02 am
by Solidus117
Solar wrote:Guys, I can't really believe you're discussing this.
Pirating copyrighted material is illegal. Offering or distributing illegal stuff is illegal. This server shall not be involved in illegal activities. End of story.
Not all countries consider piracy illegal, bust most people would say it's immoral. I advocate nothing.
Posted: Tue Apr 03, 2007 12:50 am
by pcmattman
That may be so but the server on which osdev is hosted is in a country where piracy laws do apply. If chase is found with this stuff he could very easily face criminal charges, as he is responsible for the contents of this board.
Please, can some moderator come and either lock or delete this thread so that we can continue to use osdev as an excellent resource for operating system development, not pirating or illegally distributing goods.
Posted: Tue Apr 03, 2007 2:16 am
by Solar
Locked as requested.