Date: Tue, 22 Feb 2005 21:58:00 +0100 From: Anthony Atkielski <atkielski.anthony@wanadoo.fr> To: freebsd-questions@freebsd.org Subject: Re: Removal of item from archive Message-ID: <37716480.20050222215800@wanadoo.fr> In-Reply-To: <20050222203029.GA1370@falcon.midgard.homeip.net> References: <0F6A13A536FC9C43BC34C412748DF30801B6469E@mail.everestinc.com> <20050222175209.GA87514@falcon.midgard.homeip.net> <200502221322.36373.donaldj1066@fastmail.fm> <20050222203029.GA1370@falcon.midgard.homeip.net>
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Erik Trulsson writes: > We sure did. We have gone through this several times over the last > couple of years. So far the answer has always been the same: No. You can submit DMCAs to any organization hosting archives and using any equipment based in the U.S. (including any kind of telecommunications link), and to their upstream providers as required. You have to submit to U.S. jurisdiction as part of the process (no matter where you actually live). You can also sue organizations directly for copyright infringement (or file complaints for criminal infringement, although that might be hard to apply in many jurisdictions). This requires considerable resources and determination but nothing absolutely prevents you from pursuing it. It would make an excellent test case and precedent, although a loss for the FreeBSD organization would most likely put it out of business. Although many parties have pointed out that archiving of mailing lists without explicit permission is infringement, I don't know of any suitable cases that have gone to court and to judgement and execution. The current trend towards ever more restrictive copyright laws would appear to favor plaintiff authors. All of this applies to materal to which you own the copyright. If you're not the copyright holder, about your only option is libel, which is quite difficult to prove in many cases. -- Anthony
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