DMCA potentially to force service provider
offline
January 2, 2003 -- (WEB HOST INDUSTRY REVIEW) --
The enforcement of digital piracy and intellectual property
legislation in the United States might force an Internet and
hosting service offline within the month.
The Thing (isp.thing.net), an
independent service provider that has offered Internet
connectivity and Web design services to the New York City
artistic community, was notified by its upstream provider,
NTT/Verio, that its was in violation of the Digital Millenium
Copyright Act (DMCA).
The Thing provided Web space to an artistic
organization that created a parody Web site of Dow Chemical.
The site extracted numerous trademarks, images, texts and
designs taken directly from Dow's Web site. Dow Chemical
alleged that the parody Web site infringed upon the Dow's
copyright and trademark protections. Dow Chemical also alleged
that the parody Web site also was a violation of the
Anticybersquatting Consumer Protection Act, since the site
used the domain name, "dow-chemical.com," which incorporated
the distinctive Dow trademark. Dow Chemical also claimed that
the parody Web site defamed its reputation through release of
a falsified press statement.
As a result of a complaint issued to Verio by
Dow concerning these violations, Verio responded by shutting
down The Thing's entire network, an action that affected
hundreds of The Thing's clients, until the parody site was
removed on Dec. 4.
Shortly afterward, Verio's lawyers informed the
company that its service would be permanently severed on Feb.
28, 2003.
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