Star Wars rekindles Net debate
A form letter Star Wars producer Lucasfilm is sending to hundreds of ISPs is resparking debate about who is responsible for policing copyright infringement on the Net.
With passage last year of the Digital Millennium Copyright Act (DMCA), many hoped the once-heated dispute between content owners and service providers would be settled. Those hopes have dimmed, however, after Star Wars producer Lucasfilm sent ISPs the letter, which provides a much broader reading of the new law than is generally held by online professionals.
"The information set out below provides you with the notice required under the DMCA with regard to unauthorized electronic files relating to the upcoming film Star Wars: Episode I--The Phantom Menace," the letter contends. It goes on to list Lucasfilm trademarks and also provides a photocopy of a copyrighted article from CNN Interactive about movie piracy on the Net.
The provision, which was signed in to law in October 1998, contains a number of "safe harbor" clauses that protect an ISP from being prosecuted for the infringement of its subscribers. Before being sued, an ISP must fail to take any action after being notified in writing of a specific violation and its exact location on the Net. ISPs that agree to be listed in a public database and try in good faith to halt the infringement are immune to legal action.
"The law is very clear that you do not send ambiguous, threatening letters to ISPs saying they may be infringing a copyright," said Dave McClure, executive director of trade group the Association of Online Professionals.
Terrence McMahon, an attorney at Orrick Herrington & Sutcliffe who sent the letter on Lucasfilm's behalf, disagreed that it failed to meet the DMCA's requirements for notifying an ISP.
McMahon's sentiments have critics bristling. Among them is Eric Goldman, an attorney who specializes in Internet law at Cooley Godward, who said the letter appeared to misrepresent the requirements spelled out under the DMCA.