Re: [h2o-discuss] Overreaching University of Massachusetts copyright policy

[John Kwasnik <jkwasnik@jps.net>]

Don Saklad wrote:
 
> Would a public university policy like University
> of Massachusetts copyright policy be
> overreaching?...
> 
> [ ... ]
> 
> http://www.cs.umb.edu/helproot/policy/copyrights.html
> 
> ...In any case, the use of the Math and Computer
> Science Departmental Network subjects you to
> stricter policies than might be accorded you
> publishing in a public forum such as a commercial
> ISP or a book you might publish.

     Seems sensible, actually.

     Under the Digital Millenium Copyright Act, the online service
provider can claim immunity from copyright infringement lawsuits only
if:  (1) it alleges ignorance of the member/subscriber copyright
infringement; and (2) it REMOVES that person's website, or link to it,
upon notification by the copyright owner.

     The average ISP or web-hosting service plays fast and loose under
these rules.  They swear up and down that they don't know about content
on their members' sites, then they do stuff like providing an MP3 site
listing indexed by rock group!  So the copyright owner objects ... the
ISP dings the site ... no big deal, there are thousands of others.  And
one angry member/subscriber is easier to swallow than an expensive
lawsuit.  

     Now consider the university as a service provider for student
accounts.  It can't treat student accounts like ISPs or web-hosting
services treat their members or subscribers!

     So it makes sense for a university to have such a policy.  It also
makes sense (under current law) for ISPs and web-hosting services to
treat their members like dirt.  

     Sensible, but not very nice.  Which is yet another reason why we
sorely need reform in IP law ...

                              John Kwasnik