[h2o-discuss] the DMCA in action

[John Kwasnik <jkwasnik@jps.net>]

        Below is a form letter from online retailer CDNOW to one of the
personal websites that carry CDNOW's banner in a mutual-linking agreement.
The personal website was a collection of music files in MIDI and MP3 format,
available for free download.  CDNOW is covering its butt according to the
procedures specified in Title II of the Digital Millenium Copyright Act:

--------------------------------

>Dear Webmaster,
>
>It has come to our attention that your Web site may contain unauthorized
>copyrighted material.  If so, this would be a violation of the terms and
>conditions of the Cosmic Credit Agreement.
>
>Please provide us with verification of your authorization to perform
>and/or distribute the sound files located on your Web site.  If we do
>not receive proper verification within ten days, we will terminate your
>participation in the Cosmic Credit Program.
>
>At that time, you must immediately cease using any CDnow logo,
>trademark, proprietary linking technology or other copyrighted material
>obtained from CDnow through the Cosmic Credit Program.  You must also
>remove from your site any links to any page of the CDnow Web site, other
>than our home page (http://cdnow.com).  Refusal to do so may result in
>legal action.
>
>If you are currently unable to provide us with proper verification, we
>welcome you to reapply at any time when you are able to do so.  If you
>have any questions about this email, please contact me.
>
> [ ... ]
>Cosmic Credit
>CDnow Inc.

--------------------------------

        Ain't the passive voice great?  Our hapless webmaster doesn't even
know WHO is alleging infringement for WHAT music files.  So in the 10 days
he has in which to prove himself innocent, he would have to document the
licenses he has to perform/distribute ALL of the music files on his site.

        In this case, our webmaster was intimidated enough to shut down his
site.

                        John Kwasnik
                        Oakland, CA