Re: DMCA and ISP liability

On Fri, 28 Apr 2000, Eric Eldred <eldred[_at_]eldritchpress.org> wrote:
>
> Apparently e-Bay understands the DMCA to require them
> to withdraw permission for auction for any copyrighted
> items that a copyright owner feels should not be sold.
> This, many feel, is in violation of the first sale
> doctrine. Whether those who submit the items for
> auction will file a timely response with e-Bay remains
> to be determined. We don't know how courts will interpret
> Section 202(c) of the DMCA Title II, but we do know that
> similar law suits involving this organization have been
> very expensive to conduct.
>
> But until that time we have to suspect that the DMCA
> is being used to suppress criticism instead of to
> "promote the progress of science and the useful
> arts."

    This sounds analogous to something I heard Yahoo's general counsel say at a PLI seminar about the impact that the DMCA is having on Yahoo's actions. If I recall correctly, he said that if they get a notice under the DMCA, they take whatever it is down immediately, and that, therefore, the DMCA has made a mockery of fair use.

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