Changes between Version 4 and Version 5 of WebInfoPamphlet

May 18, 2008, 4:25:08 PM (13 years ago)



  • WebInfoPamphlet

    v4 v5  
    2424There are SFTP programs for every computer platform. You should insist that your provider only allows sftp. If the answer's no, do not use that provider.
    26 What's your policy on receiving cease-and-desist letters? Do have I have full secure shell access?
     26What's your policy on receiving cease-and-desist letters?
     28At some point, you or an organization you do work with is going to get a cease and desist letter from a company, an individual, another organization (usually corporate-based or right-wing) or the government. These letters are designed to stop you from doing something you're doing on line. Often they have to do with copyright infringements but we've seen such letter provoked by statements and expressions of opinion.
     30Many providers give you a day to pull the material and, if you don't, they take your website down.
     32The reason is simple: the only thing they care about is your money. They couldn't care less about the importance oif your message and the even greater importance of allowing you to express that message. Money means everything and, in the balance, the fees you pay them are simply not worth the potential payments to lawyers and other grief caused by a legal action.
     34Let's clarify a couple of points first of all. Because someone writes a letter doesn't mean they are right moral or even legally. In fact, copyright on the Internet is very complicated and partly untested so most letters about infringement are subject to legal interpretation. Otherwise, almost all speech on the Internet is protected. You can't infringe copyright and you can't libel someone (or defame them falsely) but both infringement and libel are decisions of fact subject to jury action. In other words, you haven't done either until a court decides you have. So how in the world can a provider wipe your site?
     36Moreover, it's doubtful that most providers could be held legally responsible for a website's presence on their servers until a court determines that there's an illegality or violation. In short, no provider has to wipe a site until a judge says so and there's no action that can be taken against it. They're just taking the road of least effort.
     38Politically, weak cease and desist policies favor right-wing movements and strategies. The Right wants to repress speech; we don't. We want everyone to be able to talk because once we get the debate going, we win. We're telling the truth, after all. This has been proven historically countless times. So cease and desist is effectively a right-wing
     39tactic and it is absolutely essential that we resist. Imagine if your website has to come down the moment some lawyer issues that kind of letter? And, we assure you, that's what often happens.
     41If someone is so offensive that it shouldn't be on a provider's servers, they don't need a letter from a lawyer to tel them that. Let them ban the materials themselves and then discuss that with the site managers. Otherwise, if it's not too offensive to be on-line, it deserves to be on-line.
     43The correct position is: We don't comply with cease and desist letters. Period.
     45If that's not the answer you're getting from your provider, find another one.
     47Do have I have full secure shell access?
    2849 == Email ==