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Dan Lester <[log in to unmask]>
Mon, 15 Mar 1999 11:31:24 -0700
text/plain (25 lines)
At 06:32 PM 3/14/99 -0800, you wrote:
>OBonTopic: What's the legal exposure of a list owner who allows
>(i.e., does have a moderated list) copyright violation? If someone
>posts a crack for a commercial program is the listowner liable for
>federal criminal prosecution under public law 105-304 signed by
>President Clinton on Oct. 28, 1998?

I doubt it has been tested in court, but if the owner/editor of a moderated
list allowed it, knowing what it was, then I'd say he's liable.  Of course
that is also a reason for having an unmoderated list.  And that is also a
reason that ISPs won't claim to control or know everything on their
servers.  Of course if they're warned that kiddyporn is on the server, and
do nothing, that's different too. As always, I'm not a lawyer and don't
even play one on the tube or in the bar.

cheers

dan

--
Dan Lester, 3577 East Pecan, Boise, ID 83716-7115 USA 208-383-0165
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