

CloudFlare Enjoined from Aiding Infringers: Internet Unbroken - jayess
http://cpip.gmu.edu/2015/06/11/cloudflare-enjoined-from-aiding-infringers-internet-unbroken/

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kup0
Ugh. This makes me too irrationally angry to properly respond. All browsers
"aid us" in getting to websites. Are they culpable now too? (I know, I know, I
shouldn't give them any ideas)

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zimpenfish
(Not a lawyer but) I'd suggest that a browser was a passive aid. Cloudflare
were specifically called out as being actively aiding.

> The question was whether these acts were passive such that > CloudFlare was
> not in “active concert or participation” > with the defendants. Judge Nathan
> held that the services > CloudFlare provided to the defendants were anything
> but > passive

That does lead into "is serving DNS for a domain actively aiding
infringement?" which is much better question.

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kup0
That's what made me angry- that CloudFlare's service would be considered
"active". They weren't choosing to help aid infringement. They didn't see the
content and go "ooh! let's stick it to the man!". They likely weren't even
aware of the content itself and were just aware that another domain was using
their service. The infringing individual signed up for their services and the
legal services were provided. Or maybe I have that wrong?

I guess I framed my comment wrong when trying to hold back my rage :)

To clarify my thoughts about it, DNS / caching / optimizing to me is an
infrastructure-like service. CF is not an ISP, but it is a in-between that
simply provides services to help keep sites online and fast. CloudFlare is
content-agnostic in this way.

I guess the weakness of my argument in that regard is that if CF is confronted
with information showing that their service, even passively, is aiding illegal
activity, and they refuse to intervene or investigate- that becomes a problem.
Because even with the service being passive, it's still aiding (without
intent), but their refusal to intervene makes it seem like they have some
intent to continue aiding the activity.

Man, what a mess of words this turned out to be, sorry.

