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Although Demon Internet could have deleted the message, it took no action until January 27, 1997 when the material on the server expired and was routinely purged.A legitimate course of action that ISPs have to take when faced with a defamation notice is that they need to seek legal advice to determine whether a statement is defamatory.This chapter uses defamation to clarify the issues before applying the analysis to copyright.Except for the criminal nature of copyright, the principles to be applied are the same. Demon Internet provides an interesting discussion of defamation on the internet.The court held that the rule created in that case was the same as that in England, although, as will be discussed below, that conclusion is questionable.The English court also agreed with the US case of Cubby v.Those safeguards are preserved, so that the defence is not available to a defendant who knew that his act involved or contributed to publication defamatory of the plaintiff.It is available only if, having taken all reasonable care, the defendant had no reason to suspect that his act had that effect.

Laurence Godfrey, who is a lecturer in physics, mathematics and computer science based in London. Godfrey became aware of the posting, he sent the managing director of Demon Internet a fax denying his authorship, stating that the post was a forgery, and asked that the message be deleted because it was defamatory.Lord Chancellor's Department, “Consultation Document on Defamation,” July 1996, para. The trial judge said that Demon Internet was not a mere conduit because it had control over the content.He said: “They chose to receive the ‘soc.culture.thai’ postings, to store them, to make them available to accessors and to obliterate them.”The defense cited several American cases, three of which the court said were in line with English law. New York Telephone Co., the telephone company was held to be a passive conduit in the transmission of defamatory statements.Some ISPs and internet hosts have been held liable for the content even though they did not originate the content themselves.

The types of substantive law more likely to be infringed by using online facilities include the following: Batur Oktay and Greg Wrenn, “A Look Back at the Notice-Takedown Provisions of the U. Digital Millennium Copyright Act One Year after Enactment,” (lecture, Workshop on Service Provider Liability, World Intellectual Property Organization, Geneva, Switzerland, December 1999).

Compu Serve, especially when the US court said: “[T]he appropriate standard of liability to be applied to Compu Serve is whether it knew or had reason to know of the allegedly defamatory…statements.” Because Compu Serve had no editorial control, it was held to be merely a distributor and, therefore, not liable for the defamation.



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