Court Battle ...... No, one definitely hopes not to get to that point ... it can get very expensive.
Has any of our client paid ..... Nope none that I am aware off. The letters we have received, have only asked for copyright content to be taken down... It it highly recommended that one actually reads the letter ... It is quiet possible that there are scammers who could be using the DCMA process to extort $. I believe there is federal law which requires the ISP's cooperation.... Our take in simple English:- It is irrelevant if you want to forward the email notice or not.. What is relevent and requested ... is the removal of copyright content from the 'public sharing' service. (no request for $, no request to stop the content sharing service... just to remove the copyright content). that is it... Have your customer do that.. and all is good... if you don't then there is a 'possibility' of inviting a shit storm.... Of Course YMMV :) Regards. Faisal Imtiaz Snappy Internet & Telecom 7266 SW 48 Street Miami, FL 33155 Tel: 305 663 5518 x 232 Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net > From: "Sterling Jacobson" <sterl...@avative.net> > To: af@afmug.com > Sent: Tuesday, October 13, 2015 3:32:34 PM > Subject: Re: [AFMUG] Take down notices/Copyright infringement notices.. > Has anyone ever actually had any of their customers involved in a court > battle? > Or even had action taken against them aside from the email mill of notices? > From what I gather from my customers in over a decade of these things, no one > has ever gotten sued. > But I have had my customers tell me they have paid the fee and then been > extorted into more fees in an ongoing basis. > This is because they responded to the letter I forwarded. > I’m to the point of not forwarding them, and will just wait on legal action > against me or requested of me. > I hate that they do that to the customers receiving these letters for their > kids > going crazy on BT. > They should really ask their own legal counsel what to do. > Maybe I should send it with a notice that they should consult a lawyer before > responding to any such letter. > And has anyone here on the list actually consulted legal on this? > Where exactly in state and federal law does it mandate that I have to do as > they > say in any of these letters? > From: Af [mailto:af-boun...@afmug.com] On Behalf Of Carl Peterson > Sent: Tuesday, October 13, 2015 1:25 PM > To: af@afmug.com > Subject: Re: [AFMUG] Take down notices/Copyright infringement notices.. > Sure, > Takedown notices don't apply to ISPs which are "Mere Conduits", i.e you don't > store the information, you just pass along whatever bits your subscriber is > requesting from some third party. As a conduit, you are required to have an > AUP > which allows for the termination of service to repeat infringers, and have a > registered contact with the copyright office in order to take advantage of the > safe harbor provisions of the DMCA. > Good info on the DMCA here: > http://digital-law-online.info/lpdi1.0/treatise35.html > That being said, outside of the DMCA, some would argue that you have a duty to > your customers to inform them of settlement offers. I don't agree with that > interpretation, but I am not a lawyer and would be just as worried about the > liability of forwarding bogus extortion "settlement offers". In any case, that > isn't part of the DMCA. > On Tue, Oct 13, 2015 at 3:01 PM, Peter Kranz < pkr...@unwiredltd.com > wrote: >> Care to expand? >> >> Forwarding notices isn't part of the safe harbor provisions for ISPs. > -- > Carl Peterson > PORT NETWORKS > 401 E Pratt St, Ste 2553 > Baltimore, MD 21202 > (410) 637-3707
