Dear Kriss and list members,
There are others on the list who know far more than I and I'm not a lawyer.
But hastily, for what its worth ...
I would guess copyright law is at the heart of your theoretical example, but
there might be others if the person posting the information is not a
legitimate user, e.g., they have hacked into the server (for example the
Computer Misuse Act 1990).
The person who has copied the information, if its without permission and its
not in the public domain, is probably infringing copyright law. Posting it
to a server is also probably an infringement as its effectively publishing
and distributing the information, a restricted act(s). (Copyright , Designs
and Patents Act 1988, Chapter II, see sections 16, 17, 18) Non attribution
of the information could also infringe the authors Moral Rights (Chapter IV
of the Act. The author may not necessarily be the copyright owner).
The owner/person responsible for the server, assuming they had no knowledge
of the act (person posting the information), did not authorise it and having
made all reasonable means to prevent such acts (by technical means and by
warnings/disclaimers, publishing code perhaps and generally educating users)
might have a good defence against legal action under the Copyright act. (See
sections 24, 25, 26 of the Copyright Act). Those responsible for the server
might ideally have procedures for taking action if an infringing act is
brought to their attention, for example removing the material (at least
temporarily), suspending the users access, disciplinary action etc.
There has been much discussion on ISPs liability for content and some
precedents. It is not clear to me whether a University network would be
regarded as purely an ISP or in some cases also a publisher, I would be
interested to know what others think.
Do you have a specific (theoretical) case in mind you could give us more
details of?
Hope this is of some use.
Regards
Ralph
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Ralph Weedon
Internet Copyright Officer
Centre for Educational Systems
University of Strathclyde
Alexander Turnbull Building
155 George Street, Glasgow. G1 1RD
Scotland
Tel. 0141-548-3744
Fax. 0141-548-4216
Email. [log in to unmask]
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----- Original Message -----
From: K Fearon <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, September 22, 2000 10:40 AM
Subject: Copyright law
> A theoretical example. Someone puts up info on the server which belongs to
> someone else without permission or attribution. What piece of copyright
> law covers this?
>
> Kriss
>
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> Web Coordinator Stables S011 Tel: (01904) 434682 Fax: 433538
> University of York, UK 9-5.15, Mon-Fri http://www.york.ac.uk/coord/
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