Another fun DMCA case [LWN.net]

Another fun DMCA case

Posted Jul 13, 2005 7:06 UTC (Wed) by jwb (guest, #15467)
In reply to: Another fun DMCA case by ksmathers
Parent article: Another fun DMCA case

You misundestand my point. In this scenario, it is actually impossible that I made the copy, because I was never in possession of the original. The maximum number of instances of the work which I simultaneously possessed was 1. The server, on the other hand, is the party which made the copy. It has the original, and at one point in time it was in possession of 2 instances.

It's not like asking Kinkos to copy copyrighted photographs. It is like walking into photo bureau, and asking politely for a copy. Then as you leave they have you arrested.

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Another fun DMCA case

Posted Jul 13, 2005 18:38 UTC (Wed) by ksmathers (guest, #2353) [Link]

I don't know why you think it is important to have been in posession of the original -- that part is completely immaterial. That said, if your use is a fair use, and you haven't been infringing the copyright on the work, then obviously you don't have anything to worry about as regards copyright law. Of course the DMCA can sometimes be invoked even when copyright law can't.

In the case in question though, Archive had copied and distributed the pages they had collected from the site alleging harm, so there is basis for both copyright and DMCA action. I don't think the DMCA part will hold up though unless Archive took some affirmative action to bypass the robots.txt file.

(The statutory maximums for the copyright violation by itself probably wouldn't even make it worthwhile to go to court.)