Removal of item from archive
atkielski.anthony at wanadoo.fr
Tue Feb 22 20:58:02 GMT 2005
Erik Trulsson writes:
> We sure did. We have gone through this several times over the last
> couple of years. So far the answer has always been the same: No.
You can submit DMCAs to any organization hosting archives and using any
equipment based in the U.S. (including any kind of telecommunications
link), and to their upstream providers as required. You have to submit
to U.S. jurisdiction as part of the process (no matter where you
You can also sue organizations directly for copyright infringement (or
file complaints for criminal infringement, although that might be hard
to apply in many jurisdictions).
This requires considerable resources and determination but nothing
absolutely prevents you from pursuing it. It would make an excellent
test case and precedent, although a loss for the FreeBSD organization
would most likely put it out of business. Although many parties have
pointed out that archiving of mailing lists without explicit permission
is infringement, I don't know of any suitable cases that have gone to
court and to judgement and execution. The current trend towards ever
more restrictive copyright laws would appear to favor plaintiff authors.
All of this applies to materal to which you own the copyright. If
you're not the copyright holder, about your only option is libel, which
is quite difficult to prove in many cases.
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