[DMCA-Activists] DMCA Allows Copyright Holders to Shut-Down University Networks/ISP Service Without Proof or Investigation of Infringement

[InternetMovies.com Customer Support]

DMCA Allows Copyright Holders to Shut-Down University Networks/ISP Service
Without Proof or Investigation of Infringement




    KAHULUI, Hawaii, May 28 /PRNewswire/ -- The United States District Court
for the District of Hawaii granted the Defendant's motion on April 29, 2003,
in regard to the case of Michael J. Rossi dba InternetMovies.com vs. Motion
Picture Association of America (MPAA) et al.  This decision rules that the
Digital Millennium Copyright Act (DMCA) does not require a copyright holder
to
conduct an investigation to establish actual infringement prior to sending
notice to an Internet Service Provider (ISP) requiring them to shut-down an
allegedly infringing web site, or stopping service all together to an
alleged
violator.  The DMCA states that a "good faith belief" of infringement does
not
require a copyright holder to make any investigation to act against the
accused.
    The lawsuit was filed against the MPAA last year, on April 25, 2002 as a
result of a series of cease and desist orders issued in March and April 2001
wrongfully accusing InternetMovies.com for distributing unauthorized copies
of
copyrighted motion pictures, and ultimately the wrongful shutdown of the
entire web site.  One of the violations noted by the MPAA was "Lord of the
Rings: Return of the King."
    A settlement agreement was offered to InternetMovies.com, by the MPAA,
if
Rossi waived the right to appeal.  InternetMovies.com did not settle and
will
be appealing the decision with the U.S. Court of Appeals of the Ninth
Circuit
contending that unless a requirement of a reasonable investigation prior to
shutting down a web site is read into the DMCA, the DMCA would alter the
usual
legal relationship of the parties in favor of the copyright holder,
providing
little or no recourse to the person or business wrongfully accused of
violating copyright laws.  This has serious implications to university
campuses as many students and faculty use the school as ISPs and any
copyright
holder can seek to lawfully shut down whole university networks or obtain
individual identity without an investigation under the protection of the
DMCA.
    Currently, robot programs are used to scour the Internet looking for
possible copyright violators, especially in P2P networks, found across many
college campuses.  The DMCA justifies the actions of copyright holders like
members of the MPAA to send threats and ultimately shut down groups and
individuals without proof.  Technology and machines hunting down people, and
destroying without proven cause are not just Hollywood movies anymore.



SOURCE InternetMovies.com
Web Site: http://www.internetmovies.com

Mike Rossi
Thank You
InternetMovies.com