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Harlan Ellison vs. AOL Judgment Reversed

Robotech_Master writes "An appeals court has issued a decision reversing the summary judgment of a lower court that AOL qualified as a "safe harbor" under the DMCA. At issue is the fact that Ellison sent his notification of copyright violation to an email address at AOL, which AOL never received because the abuse submission address had been changed." The complete decision is available here as a PDF file; read below for an excerpt.

"AOL changed its contact e-mail address from "copyright@aol.com" to "aolcopyright@aol.com" in the fall of 1999, but waited until April 2000 to register the change with the U.S. Copyright Office. Moreover, AOL failed to configure the old e-mail address so that it would either forward messages to the new address or return new messages to their senders. In the meantime, complaints such as Ellison's went unheeded, and complainants were not notified that their messages had not been delivered. Furthermore, there is evidence in the record suggesting that a phone call from AOL subscriber John J. Miller to AOL should have put AOL on notice of the infringing activity on the particular USENET group at issue in this case, "alt.binaries.e-book." Miller contacted AOL to report the existence of unauthorized copies of works by various authors. Because there is evidence indicating that AOL changed its e-mail address in an unreasonable manner and that AOL should have been on notice of infringing activity we conclude that a reasonable trier of fact could find that AOL had reason to know of potentially infringing activity occurring within its USENET network."

16 of 253 comments (clear)

  1. Harlan Ellison is a nut case. by intertwingled · · Score: 0, Offtopic

    But he writes good sci fi. =)

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    -- SKYKING, SKYKING, DO NOT ANSWER.
  2. Re:Its the law by Anonymous Coward · · Score: -1, Offtopic
    If George Bush is complaining the sex in his marriage is always the same, the answer is not changing the constitution.

    Are you gay or something?

    Do you people really want to raise your tax-rate in order to guarantee the ass-spelunkers their "family benefits"?

  3. Where's the problem? by TWX · · Score: 0, Offtopic

    If I interpret this correctly, some of Ellison's work was posted on Usenet, from AOL. So, is it copyright infringement if no one wants to read it?

    Look up the history of things surrounding "City on the Edge of Forever" if you want to hear about what Ellison wanted to do to Star Trek, compared to what they ended up having to revise to make actually work.

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    Do not look into laser with remaining eye.
  4. Re:Wow by Anonymous Coward · · Score: -1, Offtopic
    STOP BASHING AOL. YOU LINUX LOVING, COCKSMOKING, CODE THIEVES ARE ALL ALIKE

    *_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_
    g_______________________________________________g_ _
    o_/_____\_____________\____________/____\_______o_ _
    a|_______|_____________\__________|______|______a_ _
    t|_______`._____________|_________|_______:_____t_ _
    s`________|_____________|________\|_______|_____s_ _
    e_\_______|_/_______/__\\\___--___\\_______:____e_ _
    x__\______\/____--~~__________~--__|_\_____|____x_ _
    *___\______\_-~____________________~-_\____|____*_ _
    g____\______\_________.--------.______\|___|____g_ _
    o______\_____\______//_________(_(__>__\___|____o_ _
    a_______\___.__C____)_________(_(____>__|__/____a_ _
    t_______/\_|___C_____)/_SCO__\_(_____>__|_/_____t_ _
    s______/_/\|___C_____)INSIDE_|__(___>___/__\____s_ _
    e_____|___(____C_____)\_(TM)_/__//__/_/_____\___e_ _
    x_____|____\__|_____\\_________//_(__/_______|__x_ _
    *____|_\____\____)___`----___--'_____________|__*_ _
    g____|__\______________\_______/____________/_|_g_ _
    o___|______________/____|_____|__\____________|_o_ _
    a___|_____________|____/_______\__\___________|_a_ _
    t___|__________/_/____|_________|__\___________|t_ _
    s___|_________/_/______\__/\___/____|__________|s_ _
    e__|_________/_/________|____|_______|_________|e_ _
    x__|__________|_________|____|_______|_________|x_ _
    *_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_


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  5. Can someone explain USENET to me? by egg+troll · · Score: -1, Offtopic

    What's the deal with it? Is it good or is it whack? I'd be thankful if someone could explain the concept of Usenet to me?

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    C - A language that combines the speed of assembly with the ease of use of assembly.
  6. Re:Its the law by asit+ler · · Score: 0, Offtopic

    Are you gay or something?

    So the fuck what if he is? What has that to do with the price of cheese?

    *waits for answer*
    *hears bewildered silence*

    It makes no difference. The people who choose to live a different lifestyle than your own have just as much right to live that lifestyle as you do to live your own.

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    This is not the sig you're looking for.
  7. Re:Its the law by Anonymous Coward · · Score: -1, Offtopic

    Do you people really want to raise your tax-rate in order to guarantee the ass-spelunkers their "family benefits"?

    No quite the opposite, I'd get rid of all state-granted benefits for marriage. If people want to get married, gay or straight, that's fine by me. If they don't want to get married then I don't want my taxes used to bribe them into it.

  8. Re:Its the law by Anonymous Coward · · Score: -1, Offtopic
    right to live that lifestyle as you do to live your own.

    No they don't if it costs me extra money.

    I sure as hell am not paying taxes to help the fags to adopt and pervert kids into accepting their lifestyle because "they have the right to a family too".

    Want a right to a family? Learn how to give birth.

  9. Breeding is natural by Anonymous Coward · · Score: -1, Offtopic
    Breeding? You say it as having children is a bad thing?

    Wake up. Procreation is sacred. Even if you don't believe in God, having children is the way how the human race survives and must therefore given the ultimate priority.

    It's typical that the pro-fags are usually pro-abortion too. It's all done in order to devalue the act of procreation.

    1. Re:Breeding is natural by Anonymous Coward · · Score: -1, Offtopic
      It's typical that the pro-fags are usually pro-abortion too

      Don't you dare guess my beliefs. I believe abortion is murder, have since I understood the issues enough to think about it.

      Procreation is not sacred. I'm tired of the future being more important than the now. I'm tired of yuppie fucks trying to make the world safe for kids. I'm tired of children in restaurants and movie theaters. The only people who need tax breaks for children are the poor, parents are already subsidized by the fact that I'm paying for their little buggers to go to school.

  10. Re:Its the law by Anonymous Coward · · Score: -1, Offtopic

    And if that involves shoving your dick up the ass of another man who are we to comment? And if you want to give blow jobs to dogs who are we to comment? And if you want to cut off, cook, and eat the penis of a willing participant who are we to comment? If it feels good then just do it. No one has a right to comment on your life-style choices much less refuse to hire or serve you.

    Be sure to accuse anyone who objects as suffering from a phobia because it's their problem not yours. For example, if you like to pick your nose and eat it but people complain then accuse them of being boogerphagiaphobes. After all, it's a personal choice and if you want to eat boogers who has a right to complain?

  11. An interesting question.... by slappyjack · · Score: 0, Offtopic

    I wonder if Harlan Ellison has ever downloaded any music and not paid for it.

  12. Re:Its the law by amoups · · Score: 0, Offtopic
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    Society doesn't turn on a dime, but if enough people lean on the steering wheel long enough, it can negotiate a curve.
  13. Re:Its the law by SteveXE · · Score: 1, Offtopic

    George Bush cant have sex, Jesus forbids him to, he told him during one if their late night oval office chat sessions they seem to be having these days.

  14. Re:Unfamiliar... by Anonymous Coward · · Score: -1, Offtopic

    I knew a Jay Blalock back in Midland, TX. Is that you?