Archived posting to the Leica Users Group, 1998/04/10

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Subject: Re: Was: Fwd: [Leica] behaviour Now: OFF-TOPIC
From: Five Senses Productions <fls@5senses.com>
Date: Fri, 10 Apr 1998 12:28:17 -0700

You are right.....thousands of new servers around the world have
thousands of illegal images containing copyrighted photos, child
porn, celebrity rip-offs, etc.  That was my argument exactly, but 
apparently it had been raised before in a case in Texas last year.
The courts ruled that a "news server" is placed on auto-pilot and
maintained with NO editorial control whatsoever.  Anyone can post
anything.  My situation is different, said the judge, because I have
full control over the content on my server and can change or destroy
it at any time.  Just because I "chose" not to edit what was being 
posted by members did not excuse me of my obligation to do so.

At 08:46 PM 4/9/98 -0400, Dan Cardish wrote:
>At 04:12 PM 09-04-98 -0700, you wrote:
>>Yes, Playboy claimed in their suit that I was also burning CD-R
>>disks full of their images and that I was copying some Pamela
>>Anderson CDROM and selling it.  They made many unfounded
>>accusations of this type which I subsequently opposed in court.
>>All these CDROM  allegations and scanning magazine allegations
>>are not true and did not affect me in court.  In fact, Playboy
>>did not even bring them up in court.
>>
>
>If so, then the whole lawsuit seems to be built on foundations of sand.
>Even if you were guitly of distributing usenet images which belonged to
>Playboy,  the fact remains that the images were already in existence on
>countless USENET servers around the world.  Essentially every ISP has a
>server with a hard disk that contains, and any moment, thousands of
>copyrighted images.   They are distributers of that stuff, no more or less
>than you.  Why doesn't Playboy go after them?  (Maybe they'd lose??)
>
>Dan C.
> 


Francesco Sanfilippo,
Five Senses Productions
webmaster@5senses.com


http://www.5senses.com/