Re: Dealing with DMCA issues in Tracker
On Sun, 2004-03-28 at 19:13, Brad Smith wrote:
> Yes, but Ghandi wasn't a publicly traded corporation with
headquarters
> in Raleigh, NC.
Agreed. However, two things occur to me:
1) There is currently an explicit non-relationship between Tracker and
Red Hat. It's my personal project that I'm doing in my spare time.
2) I believe that under the DMCA any complaint would have to begin with
a formal request for offensive links to be taken down and an opportunity
given to comply. Someone please correct me if that's in error. If this
is so, then at least there's no chance of someone coming along and
saying "You linked to mplayer. Now give us money or get taken to court".
Depends on the court that issues the compliance order.
So I'm beginning to lean toward hosting Tracker outside of the US as the
better solution. I've received email from someone in the UK who has
access to a machine, but there are some technical issues he and I will
have to sort out before it's viable.
The problem would then come down not to where it is hosted, but by who
is running it/wrote it and 'who' paid for your time/effort {and
depending on the court it doesnt matter if you do it on your own time
and can prove it. I have heard that in some jurisdictions you are
chattel of your company if you are not paid by the hour (but get legal
advice on this).}
1) Get a real lawyer to review your rights, duties, etc.
2) Get an agreement with Red Hat that this is being done as your own,
and you are completely responsible for it.
3) Using your legal advice, maybe move it to another place and turn over
ownership/membership to such a place.
--
Stephen John Smoogen smoogen(a)lanl.gov
Los Alamos National Lab CCN-5 Sched 5/40 PH: 4-0645
Ta-03 SM-1498 MailStop B255 DP 10S Los Alamos, NM 87545
-- You should consider any operational computer to be a security problem --