I would have figured that everyone would have learned that abuse@ being a blackhole is a bad idea from what happened to Atrivo/InterCage. William ------Original Message------ From: Mark Andrews To: nanog@nanog.org Subject: Re: Beware: a very bad precedent set Sent: Aug 31, 2009 5:12 PM In message <4A9C45D2.1000605@brightok.net>, Jack Bates writes:

nanog@wbsconnect.com wrote:

...

Any and all nefarious activity alleged in this lawsuit was conducted by a c ustomer, of a customer, of a customer yet the hosting provider was found liab le, not the actual criminal manufacturing and selling the fakes.

We had all better watch our backs since it seems that claims of not being a ble 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

It will be interesting to see the court cases against ISP's that don't shutdown other illegal activities once they have been notified. abuse@ better not be a blackhole or you are putting yourself at risk based on this. Mark -- Mark Andrews, ISC 1 Seymour St., Dundas Valley, NSW 2117, Australia PHONE: +61 2 9871 4742 INTERNET: marka@isc.org -- William Pitcock SystemInPlace - Simple Hosting Solutions 1-866-519-6149