can a random number be subject to a takedown?

[James S. Tyre]

At 05:04 PM 5/1/2007 -0400, Perry E. Metzger wrote:

>hal at finney.org ("Hal Finney") writes:
> > A sample demand letter from the AACS Licensing Authority appears at:
> >
> > http://www.chillingeffects.org/notice.cgi?sID=03218

...

> > This seems odd to me because my understanding of the DMCA's
> > anti-circumvention provisions is that they are criminal rather than civil
> > law.  Violations would lead to charges from legal authority and not from a
> > copyright owner.  So it's not clear that AACSLA has any power to enforce
> > these demands, other than trying to get some government agency involved.
>
>That would indeed seem to be the case from me as well. Takedown
>notices are only for copyrighted material. This is not per se a
>standard takedown notice.


It isn't a standard 17 USC 512(c)(3) takedown notice, it is a 
non-statutory notice advising Google of possible liability if the 
allegedly offending sites aren't taken down.

Without getting into a lengthy discussion of whether this is a 
violation of the DMCA anti-circumvention provisions, alleged 
violations certainly can be pursued in civil court as well as 
criminal court.  The semi-infamous 2600 case, involving the posting 
of DeCSS to many sites, was a civil case.  Court of Appeals Opinion 
at 
<http://www.eff.org/IP/Video/MPAA_DVD_cases/?f=20011128_ny_appeal_decision.html>. 


--------------------------------------------------------------------
James S. Tyre                                      jstyre at jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net
Policy Fellow, Electronic Frontier Foundation     http://www.eff.org

---------------------------------------------------------------------
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to majordomo at metzdowd.com