[IP] Re: Cryptome cut off by NTT/Verio

[David Farber <dave@farber.net>]

Begin forwarded message:

From: "Perry E. Metzger" <perry@piermont.com>
Date: April 30, 2007 1:34:22 PM EDT
To: Suresh Ramasubramanian <suresh@hserus.net>
Cc: dave@farber.net, smb@cs.columbia.edu
Subject: Re: [IP] Cryptome cut off by NTT/Verio


Suresh Ramasubramanian <suresh@hserus.net> writes:
> John is right now in civil disobeidience mode, a'la Martin Luther King
> and Gandhi, which he has done by refusing to take down (for example)
> http://cryptome.org/mi5-lis-uk.htm even after a DMCA complaint was  
> filed

Er, you have your facts a bit off here.

John has obeyed several DMCA takedown notices. He's only refused ones
that aren't compliant with the law. In the case of the MI5 one, there
was never any sort of court order.

> However, if Verio hadn't taken down the material after John refused to
> take it down, they'd lose their safe harbor under the DMCA, and end up
> being liable themselves.

You are, again, factually in error. The MI5 request was years ago, and
no legal action proceeded from it. John has obeyed the law to the
letter. There has been no comment from Verio about why they've decided
to shut off his service now, certainly none to the effect that it is
about this particular incident. You're simply wrong on your facts
here.

Perry


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