Re: ruling: liability for providers who don't act on clients' illegal activities?

[Rob Thompson <my.security.lists () gmail com>]

Paul Ferguson wrote:
> On Mon, Sep 7, 2009 at 11:14 PM, Rob Thompson<my.security.lists () gmail com>
> wrote:
>
> > Now if the hosting site is hosting (as in advertising, come here to host
> > your illegal warez for $$$) to cater to the criminal, that's another
> > story.  But that isn't how I am interpreting this.  I am interpreting
> > this as sheer laziness and quite frankly it's rather pathetic.  Passing
> > the buck isn't okay.  We count on the schools to raise our kids and the
> > ISP to police the interwebs.  Bullshit!
>
>
> Have you ever heard of criminal negligence?

http://www.thefreedictionary.com/criminal+negligence

Noun    1.      criminal negligence - (law) recklessly acting without reasonable
caution and putting another person at risk of injury or death (or
failing to do something with the same consequences)

--

> From the article:

In a lawsuit brought by fashion company Louis Vuitton, a jury ruled that
two ISPs -- Akanoc Solutions and Managed Solutions Group -- knew about
counterfeit Vuitton goods that were being sold on their customers'
sites, but didn't act quickly to pull the plug on those sites. The
decision was first reported on Tuesday.

> I suppose you think that's bullshit, too?

Yes, I do.  It's a hand bag.  If someone is at risk of personal injury
or death because a hand bag was sold illegally, then I guess I stand
corrected.

Otherwise, we'll have to agree to disagree.

I'm not saying that the ISP (if they _really_ did know - and the proof
wasn't given - so I am skeptical) couldn't have done something about it.
 But to make another one of these half-assed laws, when is enough
enough?  If the ISP were mine, I would have removed it, on my own
accord...but not because of yet another unnecessary law.

The right way to do it, don't buy the counterfeit goods.  If there is no
 money in it, no one will do it.  There are other, better ways, than this.

> - ferg

-- 
Rob

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