Salut, Benoit,
On Fri, 14 Mar 2008 17:00:34 +0100, Benoit Panizzon wrote:
I just got in contact with the swiss advocate of a company who sends us such messages about our users sharring copyrighted content.
I basicly wanted to tell him that he should proceed according to swiss law instead of bothering us with such messages.
And that's the only sane thing to do. Swiss law doesn't allow you to act upon such request, because it is none of your business and you are not capable of judging whether or not the material constitutes an infringement. If the lawyer goes to court and gets a preliminary injunction, you must take the content down, but unless this happens, you are not allowed to interfere with the user's content.
Warning the user is even more out for you; you are not a legal expert, so you should not give legal advise.
(The same goes for me, oh well ;-) I have been involved quite a lot with legal issues at FFII, but if you want a clean legal advise, you will have to ask a lawyer.)
He told me that they made very good experience with such messages as according to his knowledge most ISP warn their users if they hear about them sharing copyrighted 'goods'.
I guess so, but that doesn't make it legally correct.
Tonnerre