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Topic: How do you find the isp of an infringing website? (Read 1044 times) |
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mvarco
Newbie
Posts: 1
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How do you find the isp of an infringing website?
« on: Dec 28th, 2006, 9:04pm » |
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Hi,
It is my understanding that an ISP can be liable if its customer operates a webiste that infringes on another's copyright. If you come across a website that infringes on a copyright, how do you determine who the ISP for that website is?
thanks,
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: How do you find the isp of an infringing websi
« Reply #1 on: Dec 29th, 2006, 7:28am » |
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Quote:| If you come across a website that infringes on a copyright, how do you determine who the ISP for that website is? |
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To find the ISP for an infringing website, you do a DNS lookup of the domain name (for the A records), then you do a whois lookup on resulting IP address. That will yield the owner of the IP address which is usually the ISP in question.
Quote:| It is my understanding that an ISP can be liable if its customer operates a webiste that infringes on another's copyright. |
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Your understanding is essentially directly contrary to the law, actually. Under the DMCA, ISP's are granted immunity from such suits provided they follow the safe harbor provisions of the act.
That doesn't mean you shouldn't contact the ISP. To the contrary, you probably should find the ISP and send a DMCA compliant notice. If the ISP doesn't follow the DMCA's requirements, you might have a cause of action against it.
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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pg1067
Newbie
Posts: 37
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Re: How do you find the isp of an infringing websi
« Reply #2 on: Jan 2nd, 2007, 8:49am » |
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I agree with the prior response regarding the DMCA. In addition, even without the DMCA, it is not universally true that an ISP would be liable for a web site operator's infringement.
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