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1998-03-25
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ISPs get a break on piracy
By Alex Lash
November 25, 1996, 6:15 p.m. PT
A prominent trade organization has claimed victory
in settling suits against several Internet service
providers that allegedly hosted pirated software
but has quietly backed down from its position that
ISPs should police themselves for illegal material.
The Software Publishers Association today settled
the third of a series of copyright infringement
lawsuits it filed earlier this year against regional
ISPs. The suits held the ISPs responsible for
subscribers who had allegedly posted pirated
software or material that could be used to help
people hack or illegally use commercial software.
Officially, the association said it agreed to drop the
suits only because the offending material had been
removed. At the same time, however, the group
has softened its aggressive Internet Anti-Piracy
Campaign launched in October by removing a key
document from its Web site that had drawn
serious objections of ISPs.
The suits against the ISPs--GeoCities, Tripod, and
Community Connexion--kicked off the beginning
of the campaign, which proposed to help reduce
piracy by asking for the cooperation of
intermediaries like service providers.
All three suits were filed on behalf of Adobe
Systems, Apple Computer, and Traveling
Software, which claimed their software was being
distributed illegally from Web sites hosted by the
ISPs.
Today's settlement, with GeoCities, concludes the
legal chapter of the long-running story. But in its
attempts to protect the intellectual property of its
1,200 members, the association has stepped on a
lot of toes and would now like to make peace with
the ISPs it has angered.
An integral part of the campaign was the ISP
Code of Conduct, a document the SPA asked
service providers to sign voluntarily to demonstrate
that they would cooperate to fight pirated material.
The SPA expected the service providers to force
their customers to remove material allegedly
related to hacking or piracy.
The problem was that ISPs consider themselves
common carriers; like telephone companies, they
believe they shouldn't be responsible for policing
the content they transmit.
A reference to a "compliance officer" brought
howls of protest from ISPs who maintained it was
not their job to hunt through their subscribers'
Web pages.
"We did not sign the code of conduct," said
GeoCities CEO David Bohnett, whose company
provides free email and hosts personal Web sites
for 225,000 subscribers. "One part requested that
we look at all material before it's posted on
GeoCities. That's inconsistent with our content
guidelines."
Only five ISPs had agreed to sign as of November
15. The association maintains that ISPs
misunderstood its intent but has removed the Code
of Conduct from its Web site anyway. The
Association says it will eventually repost the Code,
but hasn't set a timetable.
Although he agrees with the ultimate goal of
fighting piracy, Bohnett said the SPA didn't give
his company notice that illegal software was
posted to Web sites on his service before filing
suit.
Even Adobe officials, responding to questions
about the SPA's campaign on their behalf, also
questioned the organization's tactics. "There's
some fair criticism about whether the SPA gave
enough time for compliance," said Greg Wrenn,
general counsel for Adobe. "The first emails were
meant to start a dialogue, not to serve legal
notice."
Wrenn still supports the SPA's goal of clamping
down on piracy at the first warning signs, noting
that a company like Adobe can lose a lot of
money in a brief period of time if illegal copies of
its software are let loose on the Internet. He
doesn't think ISPs should have to be Net police,
but they shouldn't ignore such obvious signs as
multimegabyte file transfers from a subscriber's
Web page.
With the same argument, the SPA's campaign
director Peter Beruk said the association would
refocus its efforts to help ISPs educate their end
users about piracy.
Copyright ⌐ 1996 CNET Inc. All rights reserved.