--- djgoku [email protected] wrote:
On 6/12/05, Jack [email protected] 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 WarehouseBBS, had 170 digitized images from both Playboy and Playgirl magazine posted to his computerized bulletin board system.
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