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[liberationtech] Advice in dealing with potential copyright infringement complaints

Walid AL-SAQAF <alkasir admin> admin at alkasir.com
Fri Apr 6 06:54:58 PDT 2012


Thanks Adam,

I did not know about this requirement. Thanks indeed. I also thank Andrew
and Jillian for their advice. It seems the decision to move servers outside
the US is inevitable but the question is where to.

All the best and have a great Easter everyone!

Sincerely,

Walid

-----------------

Walid Al-Saqaf
Founder & Administrator
alkasir for mapping and circumventing cyber censorship
https://alkasir.com <walid.al-saqaf at oru.se>


On Thu, Apr 5, 2012 at 11:38 PM, Adam Fisk <afisk at bravenewsoftware.org>wrote:

> Hi Walid-
>
> >
> > Am I released from responsibility given the fact that I am merely a
> medium
> > like the cables/technology used to access the Internet? Furthermore, I do
> > not keep logs of my proxy server traffic at all, so I can't even track
> who
> > did the download. So what is the legal situation in my case?
>
> In the US I would say generally yes -- you're covered under the DMCA
> safe harbors, specifically safe harbor (a) of section 512 --
> http://goo.gl/ZDsiU
>
> Given that most of the copyright holders raising complaints are based
> in the US, I would say that's at least useful to reference in
> responding to them.
>
> That's all of course accompanied by all the usual "I'm not a lawyer,
> this is not legal advice" stuff.
>
> If you do run servers based in the US, and depending on your corporate
> structure, it may also be useful to *register an agent* with the US
> copyright office. Even though you should not be subject to DMCA
> takedown notices as a proxy that can't take anything down, having a
> registered agent is a prerequisite for qualifying for at least some of
> the safe harbors -- definitely 512 (c). Registering an agent basically
> involves sending them a letter if I recall correctly, and you can
> probably do it all online at this point.
>
> -Adam
>
> >
> > Any advice in this area would be highly appreciated.
> >
> > Sincerely,
> >
> > Walid
> >
> > -----------------
> >
> > Walid Al-Saqaf
> > Founder & Administrator
> > alkasir for mapping and circumventing cyber censorship
> > https://alkasir.com
> >
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