[Libs-Or] My conversation with a copyright troller

[Diedre Conkling]

I found this piece very interesting since, like many of us, we have
experience with this kind of complaint.


http://www.districtdispatch.org/2014/08/conversation-copyright-troller/

My conversation with a copyright troller
Posted on August 7, 2014
<http://www.districtdispatch.org/2014/08/conversation-copyright-troller/>
by Carrie Russell <http://www.districtdispatch.org/author/crussell/>

This week—just because I wanted to see what would happen—I impersonated a
librarian at a rural public library that had recently received a “cease and
desist” notice asking that the library pay a $250 fine because a user
illegally downloaded a movie. The library received the notice from a
“copyright troller.” Copyright trollers are companies whose sole purpose is
to find alleged infringements on the Web for rights holders (like the
motion picture industry). They can identify the IP address where an alleged
infringing act took place, track down the holder of the IP address, and
then send a scary legal notice asking for payment, or else—you will find
yourself in court on an infringement charge! Because of the nature of this
business, these companies have been stuck with the derogatory moniker
“copyright trolls,” the repo men of the web.

Copyright trolls do not aim to sue alleged infringers, instead they use
“cease and desist letters to cajole alleged infringers who, when threatened
with legal action, feel fortunate that they only have to pay a fine. This
saves the rights holders time and money—they can avoid going to court
(because they never wanted to in the first place), avoid arguing their case
and accruing legal costs, and avoid a court ruling that could go against
them.

A library will receive a notice when copyright trollers find that someone
using the library’s network has downloaded content, but because of a
provision <http://www.copyright.gov/title17/92chap5.html#512> in the
copyright law, third parties (like the library) cannot be held liable for
the actions of their users. (For more explanation about this provision and
how libraries should respond see Public access computers in libraries and
liability concerns <http://www.ala.org/tools/atoz/dcma_and_libraries>).

So back to my acting gig.

I was impersonating because I wanted to see what would happen if I told the
copyright trolling company that the library was not liable for
infringement. Would they put up a fuss? I was able to contact the company
quite easily on the web. They placed their phone number in large font,
right on the top of the home page. I was able to talk to a real person
right away. (When your business is collecting money, you make yourself
available and answer the phone). I talked to a nice man named Dan, and once
I explained to him that we had liability protection under the copyright
law, he was quite happy to dismiss the case. I then called the real
librarian at the rural public library and told her the news. She was
delighted that the problem was solved. Now that’s customer service!

In my conversation with Dan, he recommended that the library use filters to
prevent access to peer-to-peer networks, or the library was likely to get
more notices. I said “ok,” but really that suggestion did not sit right
with me, being a librarian and all. There is enough filtering going on (see
the CIPA report (pdf)
<http://www.ala.org/offices/sites/ala.org.offices/files/content/oitp/publications/issuebriefs/cipa_report.pdf>),
and I do not want to block access to websites and online tools that can be
used for non-infringing purposes. This is akin to banning photocopiers in
libraries.

Unfortunately, I know that some libraries would agree to censor. I know
that some of their attorneys would recommend that the library censor. I
know too many libraries that would willingly pay the cease and desist fine.
Over time, we look like a bunch of pushovers, when really we should
complain about these things. We have rights under the law and we have legal
protections. Let’s use them with confidence! Don’t be a sucker.



http://www.districtdispatch.org/2014/08/conversation-copyright-troller/


-- 
*Diedre Conkling*




*Lincoln County Library DistrictP.O. Box 2027Newport, OR 97365Phone & Fax:
541-265-3066Work email**: **diedre at lincolncolibrarydist.org*
<diedre at lincolncolibrarydist.org>
*Home email: **diedre08 at gmail.com* <diedre08 at gmail.com>

 “If you don't like something, change it. If you can't change it, change
your attitude.”―Maya Angelou
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