nanog@wbsconnect.com wrote:
Any and all nefarious activity alleged in this lawsuit was conducted by a customer, of a customer, of a customer yet the hosting provider was found liable, not the actual criminal manufacturing and selling the fakes.
We had all better watch our backs since it seems that claims of not being able to inspected tens of millions of packets per second is no longer a viable excuse.
Hmmm. I thought DMCA made it quite clear that a service provider cannot ignore reports. "The Akanoc Defendants’ specific business model of providing unmanaged server capacity to web hosting resellers does not exempt them from taking active steps to effectively prevent infringing activity upon notification from an intellectual property rights owner. " I consider that the more important statement in the article. The "upon notification" being the largest issue. Don't know if DMCA covers anything outside the scope of copyright, but I think it's been generally accepted that ignoring reports of infringement can bring about liability. Jack