AOL Not Responsible For Usenet Postings

from the nor-should-they-be dept

Isn't it nice to see a legal judgment you agree with? Considering the number of horrible legal decisions lately concerning the internet, it's always encouraging to see a judge who (maybe, possibly) actually understands the issues at hand. Of course, the downside is that the ruling was based on the DMCA, which is otherwise a terrible law. A judge has now ruled that AOL has no liability for Usenet postings. Someone had apparently scanned and uploaded a Harlan Ellison story to a Usenet group, and because they have lots of money, Ellison's attorney's sued AOL. The person who posted the story did not use AOL to post the story, and (of course) Usenet is not owned by AOL. The judge pointed out (correctly) that AOL had no control over the matter as it really had nothing whatsoever to do with the posting.
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  • identicon
    Tirebiter, 18 Mar 2002 @ 7:54pm

    DMCA

    Not trying to start an argument here, but what's so terrible about the DMCA?

    link to this | view in chronology ]

    • identicon
      The Gonzo, 18 Mar 2002 @ 10:26pm

      Re: DMCA

      The DMCA is horrible. It makes it illegal to do some academic work related to security of entertainment-related files (at least, to do work and then pubilsh any findings). It encourages digital rights schemes that thwart efforts to make private use copies (an act protected by federal law) and then makes it illegal to break those copy schemes.

      Bad laws made by bad lawmakers owned by bad businesses that have no clue what to do with technology but fear it.

      My twelve cents...

      - david

      link to this | view in chronology ]

  • identicon
    ..., 18 Mar 2002 @ 8:03pm

    harlan ellison's website

    ellison has written a lot against piracy of his writing. website is here:

    http://harlanellison.com/KICK/

    link to this | view in chronology ]

  • identicon
    The Gonzo, 18 Mar 2002 @ 10:28pm

    DMCA

    The DMCA is horrible. It makes it illegal to do some academic work related to security of entertainment-related files (at least, to do work and then pubilsh any findings). It encourages digital rights schemes that thwart efforts to make private use copies (an act protected by federal law) and then makes it illegal to break those copy schemes.

    Bad laws made by bad lawmakers owned by bad businesses that have no clue what to do with technology but fear it.

    My fifteen cents...

    - david

    link to this | view in chronology ]

    • icon
      Mike (profile), 18 Mar 2002 @ 11:04pm

      Re: DMCA

      Beyond what David said, the DMCA makes it illegal to do a ton of things that should never be considered illegal... for instance simply linking to a page that has information that breaks the DMCA is suddenly illegal.

      Figuring out where the weakenesses in a security system even if you're trying to make it better is illegal.

      Creating certain new programs even becomes illegal.

      It criminalizes a large number of things that should never be criminalized.

      link to this | view in chronology ]


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