Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @ Copyfight LawMeme
Feel free to contact me about articles, websites and etc. you think I may find of interest. I'm also available for consulting work and speaking engagements. Email: ernest.miller 8T gmail.com
1. Concerned guest on June 23, 2005 10:21 AM writes...
Do you know how the "secondary distributors" clause/definition would apply to operators of caching proxies? On the one hand, it seems to describe main producers, but a comment from one of the gapingmaw's operators points out that in a later clause, it applies the rule also to people who "post images to webpages", etc.
My understanding, and I haven't parsed the regulations as closely as I should (I've got way too much on my plate), would concur with gapingmaw's operators. At best, I think, it is ambiguous and not worth the risk to many operators until a court settles the matter. If you're concerned that it applies to your site, I suggest you talk with your lawyer.
Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
1. Concerned guest on June 23, 2005 10:21 AM writes...
Do you know how the "secondary distributors" clause/definition would apply to operators of caching proxies? On the one hand, it seems to describe main producers, but a comment from one of the gapingmaw's operators points out that in a later clause, it applies the rule also to people who "post images to webpages", etc.
Permalink to Comment2. Ernest Miller on June 23, 2005 10:35 AM writes...
My understanding, and I haven't parsed the regulations as closely as I should (I've got way too much on my plate), would concur with gapingmaw's operators. At best, I think, it is ambiguous and not worth the risk to many operators until a court settles the matter. If you're concerned that it applies to your site, I suggest you talk with your lawyer.
Permalink to Comment