RE: Botmasters/Victims and DMCA

["Ian Bradshaw" <ian () ianbradshaw net>]

" thanks to the negligence of the owner"

maybe worth looking at unsecured wifi legal cases? not the same I know, but
close in terms of idiot end users.

I.

-----Original Message-----
From: listbounce () securityfocus com [mailto:listbounce () securityfocus com] On
Behalf Of Lane Christiansen
Sent: 16 September 2009 02:15
To: security-basics () securityfocus com
Subject: Re: Botmasters/Victims and DMCA

On Tuesday 15 September 2009 10:09:40 am Viva Colombia wrote:
> Hi all, my question (for a legal paper that I'm writing) is whether a 
> botmaster and a person whose computer has been recruited in a botnet 
> can be considered as service providers, according to the broader 
> definition of service provider provided by 17 USC§512(k)(A-B). I've 
> found court decisions and some opinions, but none refer to botmasters, 
> they would only allow me to conclude that if theirs is an IRC botnet 
> and they provide, for example, chatting services through their command 
> & control bots, then they would indeed be service providers as per the 
> DMCA; but I found nothing related to whether peers in P2P botnets or 
> networks can be taken as service providers, bearing in mind that they 
> are used as storing devices and communications or transmittal nodes.
>
> I'm trying to analyze whether they could be held liable for violations 
> of the Copyright Act when said violations take place through and 
> thanks to the botnets and thanks to the negligence of the owner of the 
> infected machine (who did not protect it appropriately), and if they 
> two could successfully use the safe harbor provisions on their behalf.
>
> I hope I'm not too confusing...
>
> Thx!
I can't comment on this (IANAL), but I'd be very interested in reading your
paper - it'd be awesome if you could post it here when you're finished!



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