home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Hacks & Cracks
/
Hacks_and_Cracks.iso
/
hackersclub
/
km
/
news
/
1996
/
oct
/
hack24.txt
< prev
Wrap
Text File
|
1998-03-25
|
6KB
|
112 lines
ISP plays piracy cop
By Nick Wingfield
October 8, 1996, 5:45 p.m. PT
In compliance with a request from a vendors' trade
organization, a small Georgia Internet service
provider has reluctantly closed down a user's
personal Web page as part of a crackdown on
Internet software piracy.
Late last month, Intergate acceded to a request by
the leading industry lobby for fighting software
piracy, the Software Publishers Association
(SPA), to pull a Web page from its network. The
page allegedly listed hyperlinks to hacker Web
sites that provided codes for breaking into
copyrighted software.
But Intergate itself and an online civil rights group,
Electronic Frontiers Georgia, believe that the
SPA's efforts to combat software piracy may
compromise the privacy and free speech rights of
Netizens, especially if ISPs are roped in as
enforcers of copyright infringement lawsuits.
In the Intergate case, for example, the ISP's
servers did not actually host pirated software. The
page that was removed was written by a user
nicknamed "Tapu" and merely linked to other Web
sites with so-called codes for cracking into
programs.
"We had no pirated software on the system at all,"
said Jeff McGough, president of Intergate.
"Information cannot be made illegal. It was a
pointer. We should be able to put that page back
up."
Intergate is one of at least 25 ISPs that have
received a letter from the SPA entitled the "ISP
Code of Conduct." The letter, which the SPA
began distributing in late July, asks ISPs to agree
to monitor their networks for pirated software.
ISPs were asked to sign and return the letter to the
association to demonstrate their commitment to
weeding out illegal software from their networks,
although the agreement is not legally binding.
"The purpose of the program is to start a dialogue
with ISPs," said Mark Traphagen, a Software
Publishers Association vice president. "The bottom
line is current copyright law makes intermediaries
like booksellers liable under law. That limited
liability serves a very important social purpose.
That's what we've tried to do with the ISP policy."
Some legal experts are concerned that this policy,
however, may be stretching the limits of existing
copyright laws to try and account for alleged
online violations.
"The SPA is trying to push the law well beyond
where it has been in the past," said Scott McClain,
a lawyer specializing in first amendment and
copyright issues at Bondurant, Mixson, & Elmore
in Atlanta. "Intergate was being accused of
assisting someone who was assisting someone
who was assisting someone in copyright
infringement."
McClain said the SPA's efforts may make ISPs
quicker to censor users out of fear of legal action.
"Focusing on the ISP runs the risk of squelching
speech without letting the courts decide," he said.
"The ISP has a lot of incentive not to get involved
in litigation for someone else. You get a letter from
the SPA lawyer, and it's a lot cheaper for the ISP
to lose one customer than to fight it in court."
Association officials were unclear about whether
providing hyperlinks to pirated software really
constitutes an act of copyright infringement.
"We don't have all the answers now," Traphagen
said. "It's going to be an evolving process."
Nor would he disclose how many ISPs have
responded to the association's letter or have
removed allegedly pirated software from their
Web servers.
Electronic Frontiers Georgia has posted a Web
page as part of an effort to monitor the
controversy sparked by the Intergate incident.
The SPA has already demonstrated its seriousness
in chasing pirates into court. In addition to multiple
lawsuits filed against corporations and commercial
pirates, the association filed a lawsuit in July
against Max Butler in the U.S. District Court in
Seattle, accusing him of illegally distributing
software on the Internet.
The organization said it filed the suit after receiving
a tip that Butler illegally distributed software to
friends by uploading it to an FTP site operated by
Abwam, a small Internet service provider.
Copyright ⌐ 1996 CNET Inc. All rights reserved.