YAHOO and the copyright Catch 22

Beleaguered authors have a right to expect some protection under the law, but this is difficult when the largest OSPs appear to have no interest in proactively enforcing their own Terms Of Service.

While persons have a right to privacy while going about their honest business, should lawbreakers have more rights than their victims?

If a thief posts a public message all but announcing that they are breaking the law, ought their host read the message (if it is brought to the host's attention) and review the activity?

How are authors to be expected to "evaluate the use" and file a DMCA notice, when Yahoo permits Yahoogroups to refuse memberships to authors, and to conceal which copyrighted works are being shared?

-----Original Message-----
From: Yahoo! Copyright
To: Rowena Cherry
Sent: Wed, Oct 20, 2010 11:29 am
Subject: Re: Other Abuse (Not Listed) (KMM103456573V88543L0KM)

Hello, 

Yahoo! asks that anyone who detects what appears to be a copyright 
violation on the Yahoo! network to report the violation to those persons
who can claim rights in the work rather than to Yahoo!. In this way, the
rightful persons can evaluate the use and determine whether to assert a 
claim against the poster of the content and alert Yahoo! of the 
infringement.

We encourage you to review the Yahoo! Copyright/IP Policy at:

   http://info.yahoo.com/copyright/us/details.html

Regards,

Copyright/IP Agent, Yahoo! Inc. 
copyright@yahoo-inc.com
****************************
c/o Yahoo! Inc.
701 First Ave.
Sunnyvale, CA 94089



Original Message Follows:
-------------------------

>>REDFRMADV Case ID: 76709265 Groups Abuse General Notes: 

>>REDFRMADV Case ID: 76699654 Abuse Reports Notes: 

Mail-Id: 
w1.help.re1.yahoo.com-/l/us/yahoo/abuse/abuse.html-1287485565-9674

1.  What is your name and Yahoo! ID?
------------------------------------
      Name: 

      Yahoo! ID: XXXXXX
2.  What is your email address?
-------------------------------
      Email Address: XXXXXXX

3.  Who are you reporting?
--------------------------
      Yahoo! ID: xxxxxxxx

4.  What are you writing about?
-------------------------------
      Subject: Other Abuse (Not Listed)

5.  Enter additional information here:
--------------------------------------
      This group sounds like it is set up to infringe copyright.
Authors cannot join, so cannot accumulate the necessary information to 
send a DMCA 

-------------------------------------- 
Come on in to find our what surprises we have for you! Shhhh, it's a
secret!!

You can only join by invitation from one of the members or the owner.

NO going no mail or special notices.

You MUST share to stay in this group, there are NO exceptions.

Saturdays are free, you can share anything.

If you have a problem with what is shared then come to the owner, 
don't bring it to the group.

This is a No drama and No spam zone!!

*~*~*~*~*~*~*~* Disclaimer *~*~*~*~*~*~*~*
If you are a member of, or associated with the Artist Protection League 
or any other vigilante copyright group, you must leave this group NOW. 
Also, if you are here to police our sends for copyright purposes, you 
also must leave NOW. If you remain, you are violating our LEGAL rights 
by harassing us. You are also using ENTRAPMENT to gain ILLEGAL 
information about the group or any member thereof. YOU CAN BE SUED FOR 
THESE ACTIONS. This is a private email and is covered by TITLE 18, PART 
I, CHAPTER 47, Sec. 1030 and Internet Privacy Law.

While Viewing: 

Last URL: ://

Form Name: http://help.yahoo.com/l/us/yahoo/abuse/abuse.html