Law

commentary on the Law
 Wednesday, October 23, 2002

DMCA for Upstream Providers

Just had a DMCA question that I'm unclear on. If a network operator receives notification of offending material that resides on the operator's network the operator must remove the material, usually by blocking access to it. If the material is transient, just passing through, the operator has no obligation. What if the system in question is being assigned an address by the operator, but is not on the operator's network so much as it is joining the operator's network?

In one case, you have Joe Schmoe, a young gentleman of means, who can afford multiple static IP address in addition to his DSL account. On Mr. Schmoe's premises, he connects the DSL equipment to other networking equipment, forming a network, and assigns those purchased IP addresses to various nodes on that network. On one of these nodes he hosts an FTP site where music enthusiasts can exchange files.

In another case, Nancy Schmancy, a young lady of means, purchases a T1 line and a range of IP addresses. On her premises, she connects the T1 equipment to other networking equipment, forming a network, and assigns addresses from that range to various nodes on that network. One of those nodes is a wireless access point, which she configures to assign addresses dynamically to connecting hosts, regardless of their origin. On one of these nodes a neighbor hosts an FTP site where motion picture enthusiasts can exchange files.

In still another case, a large ISP contracts with a third party to provide broadband services to its clients. After the equipment is installed on the customer premises, the third party has no relation with the customer, other than to provide an IP address to the device on the customer premises. Neither the third party nor the large ISP authenticate the assignment of the IP address as they assume that the devices once installed on the customer premises, are not moved. The customer downloads a Gnutella client and lets just anyone copy files from his computer.

The RIAA notices Mr. Schmoe's site, and, unable to determine who he is, sends notification to the owner of the upstream router. The MPAA notices Ms. Schmancy's site, and, unable to determine who she is, sends notification to the owner of the upstream router. The RIAA notices the anonymous customer on the Gnutella network, and, unable to determine who he is, sends notification to the third-party owner of the upstream router.

Is the owner of the upstream router obligated to remove access to the offending site?

1:28:47 PM # Google It!
categories: Law