Somewhat OT: copyright question

[Jack]

--- djgoku <djgoku at gmail.com> wrote:

> On 6/12/05, Jack <quiet_celt at yahoo.com> wrote:
> > Please tell us which case of the hundreds in this
> > FAQ is the one you are referring to. 
> 
> Search Function is your friend. =)
Yes it is, but in order to search for something, one
must know "what" one is searching for.

> 
> Playboy Enterprises, Inc. v. George Frena.  839
> F.Supp. 1552 (M.D. Fla., 1993).
> 
Ah, ok. Yes, it is not a precedent decision, and has
not been used since, because of it's controversy, and
additionally predates the DMCA provision that protects
ISPs and content providers from this highly
questionable practice. If you research this case, you
will find that when Mr. Felos was made aware of the
issue he immediately took down the offending files and
monitored more closely afterwards (although I don't
know how one can really do that. If I were to digitize
a Playboy picture and strip out any Playboy
information how would an average person know it was a
Playboy picture. Were I to copy a a chapter out of
Riker's History of New Harlem and publish it, who
would have the breadth of knowledge to know? 

So now 12 years later we need not worry about someone
doing this to us as there is now a DMCA "Safe Harbor"
loophole to protect us, should some user post
copyright material to our BBS/website without our
knowledge. Of course should Playboy come after you for
such an offense I would strongly recommend you retain
an actual attorney to defend you.
;')

Brian D.

>     George Frena, the sysop of the Techs Warehouse
> BBS, had 170
> digitized images from both Playboy and Playgirl
> magazine posted to his
> computerized bulletin board system.

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