December 05, 2002
IT'S TIME TO STOP ABUSING DMCA

We have blogged about how retailers like Wal-Mart forced companies like Fatwallet.com to delete unauthorized sales prices information before the sales season officially kicked off, citing violation of Digital Millennium Copyright Act (DMCA). Without wasting time, in an effort to go after the individual who leaked sales information to those websites, Wal-Mart, but not only Wal-Mart, sent out a special DMCA subpoena to Fatwallet.com asking for the identity of the person who submitted information online. Not until a white-knight law-clinic at UC Berkeley stepped in to represent Fatwallet.com to fight the subpoena did the mighty retailer back down withdrawing the subpoena. This highlights the controversial part of the DMCA law, which allows a copyright holder to ask for "identification of an alleged infringer" without filing a lawsuit first, putting ISPs in a disadvantageous position of liability. In a similar case, RIAA v. Verizon, attorneys are sparring in federal court in Washington, D.C. over disclosure of the identity of an alleged peer-to-peer pirate.

Posted by Feiwen Rong at December 05, 2002 08:48 PM
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