[nylug-talk] the DMCA is not all bad

[joe]

At 03:07 AM 5/2/2003 -0400, you wrote:
 >Perhaps I missed something. Did you actually go to court? Was the DMCA
 >used in your defense? Or did you just THREATEN to use it.

The easiest way to answer you is for you to encourage you read the DMCA 
link I provided in  previous message. Title Two of the DMCA explains 
exactly how to get a hosting company to remove a web site or Google (etc.) 
to de-index one that contains your copyrighted materials.

The whole point is you do not go to court. You simply write a letter in 
hard copy (postal mail or fax- not email) that conforms exactly to the six 
points required for a complaint under the DMCA. They include a requirement 
that you describe the offending materials in exact detail and URL. It 
includes an oath that you are telling the truth that you hold the copyright 
for the materials. There are federal criminal penalties for lying.

If the host does not remove the web site (not just the particular materials 
but the entire web site) then the host is as liable for the DMCA 
punishments as the original thief. Only by acting "expeditiously" (that's 
the word used in the law - and lawyers understand that it means "right now, 
as fast a humanly possible") can the host get immunity from prosecution.

At this point, I want to make clear. I am not a lawyer. I am not giving 
legal advice. I am only expressing my opinion of what I encountered and 
reporting the truth of how I personally used the DMCA to stop specific 
abuse of my copyrights. Anyone tempted to do the same should either consult 
an attorney experienced in the field of Intellectual Property Law or be 
prepared to take any consequences that might arise from any mistakes you 
might make in acting by yourself.  The very fact that the DMCA is so easy 
to use and so powerful also means it could go off in your face if you don't 
know what you are doing.

BTW, if you Google DMCA you will find hundreds of web sites that explain it.

Joe