Dealing with DMCA issues in Tracker

[Stephen Smoogen]

On Sun, 2004-03-28 at 19:13, Brad Smith wrote:
> > Yes, but Ghandi wasn't a publicly traded corporation with headquarters 
> > in Raleigh, NC.
> 
> Agreed. However, two things occur to me:
> 
> 
> 1) There is currently an explicit non-relationship between Tracker and
> Red Hat. It's my personal project that I'm doing in my spare time.
> 
> 2) I believe that under the DMCA any complaint would have to begin with
> a formal request for offensive links to be taken down and an opportunity
> given to comply. Someone please correct me if that's in error. If this
> is so, then at least there's no chance of someone coming along and
> saying "You linked to mplayer. Now give us money or get taken to court".

Depends on the court that issues the compliance order. 

> 
> So I'm beginning to lean toward hosting Tracker outside of the US as the
> better solution. I've received email from someone in the UK who has
> access to a machine, but there are some technical issues he and I will
> have to sort out before it's viable. 

The problem would then come down not to where it is hosted, but by who
is running it/wrote it and 'who' paid for your time/effort {and
depending on the court it doesnt matter if you do it on your own time
and can prove it. I have heard that in some jurisdictions you are
chattel of your company if you are not paid by the hour (but get legal
advice on this).}

1) Get a real lawyer to review your rights, duties, etc.
2) Get an agreement with Red Hat that this is being done as your own,
and you are completely responsible for it.
3) Using your legal advice, maybe move it to another place and turn over
ownership/membership to such  a place.



-- 
Stephen John Smoogen		smoogen at lanl.gov
Los Alamos National Lab  CCN-5 Sched 5/40  PH: 4-0645
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-- You should consider any operational computer to be a security problem --