I forward every one. I have found that these people usually freak out and never do it again....which frees up more bandwidth. I actually love catching these guys and forwarding the letters. Their usage drops dramatically after they get one.
On Wed, Oct 14, 2015 at 9:05 PM, Steve Discher <sdisc...@ispsupplies.com> wrote: > I’m going to chime in because I have had many conversations about this > with attorneys in my former life as a corporate pilot when I would fly them > all the place. I have repented since then. > > On the serious side, at the end of the day, consider how your actions of > lack of action as an ISP look to a jury because that is what really > matters, not the law per se. Did you ignore all the notices and do > nothing? Probably won’t look good to a jury. Did you email the customer > each time, copy yourself, and tell them stop doing bad things or you will > cut them off? The latter is probably is considered a reasonable approach > by a reasonably prudent person which you are right? > > My two cents. > > On Oct 14, 2015, at 9:56 PM, Forrest Christian (List Account) < > li...@packetflux.com> wrote: > > Most of them are ones which are not available legally at low or no cost. > Game of thrones is properly the most common complaint. > > Unfortunately for them, they don't seem to respond to my queries to > change the email address to one which is correct, instead of sending them > to my personal email address, which wouldn't be a problem except Google > calls them spam. > On Oct 14, 2015 10:26 AM, "Ken Hohhof" <af...@kwisp.com> wrote: > >> Maybe notices of claimed infringement have entered new territory >> recently, but I’m pretty sure every one we ever received was accurate. But >> I think it’s been a couple years since we received one. >> >> With the exception of a handful of cable network shows that are >> unavailable for streaming, it’s so much easier now to just download it >> legally. Plus people want to stream instantly, not download via BT and >> watch later. And they want to watch on mobile devices and on their TV via >> their Roku or Apple TV or streaming stick, not on their PC if they even >> have one. I think the few who are still pirating movies to store on their >> home media server are using tech like VPNs and NNTP. >> >> What is different about your customer bases, that you are still getting >> enough DMCA notices to worry about? Is this on 900 MHz networks that are >> too slow for live streaming? Or is this related to bootleg porn movies? >> >> >> *From:* Forrest Christian (List Account) <li...@packetflux.com> >> *Sent:* Wednesday, October 14, 2015 12:12 PM >> *To:* af <af@afmug.com> >> *Subject:* Re: [AFMUG] Take down notices/Copyright infringement notices.. >> >> >> The LAW says that as a conduit we are not legally responsible for >> infingement which occurs across our networks, as long as we meet some >> simple requirements, none of which require us to take any action in these >> notifications. >> >> Yes, anyone can be sued any time. But the reality is that these email >> notifications are defective on so many levels that taking any action based >> on them other than forwarding them onto their apparent recipient with a >> disclaimer attached could open you up to real liability. For instance, >> lending any validity to any claim made by a scammer pretending to be a >> copyright owner could be perceived by your customer as aiding and abetting >> in an illegal activity. >> >> This discussion needs to be about legal requirements and how to protect >> ourselves from claims. I personally feel the piracy going on is wrong, >> but quite frankly, the emails are allegations, not proof of activities. >> For example, I've seen notices come in for ip addresses which aren't >> possible to be the source because they are from a block we've never had >> active on our network. How can I trust these as anything but what they >> are... automated detection of a possible infringement which regularly >> contain errors. >> On Oct 14, 2015 3:02 AM, "Faisal Imtiaz" <fai...@snappytelecom.net> >> wrote: >> >>> Hi Forrest, >>> >>> All things aside..... the core basic boils down to the following:- >>> >>> First question: Do we agree that Sharing Copyright Content without >>> the consent of the Copyright owner is against the law ? >>> >>> Second question: Do we have the resources, and the willingness to defend >>> ourselves when named in a lawsuit related to DCMA violation ? >>> (remember the law in the country allows anyone to be sued for >>> anything, once you are named, then you have to defend yourself. Yes, the >>> charges can be dismissed and thrown out of court, but you have to show up >>> to court, and that costs time and money...) >>> >>> Depending how one answers the above two questions, the action required >>> is pretty simple... >>> >>> If you answer the above two as YES, and NO. Then simply contact your >>> customer and ask them remove the copyright content, which should be within >>> your AUP. >>> >>> If you answer the above with NO and YES. Then simply discard the DCMA >>> request. >>> >>> >>> --------------- >>> Are they going to come after you on every notice ? no...but they >>> reserve the right to do so... >>> The real question, in my opinion, is does an IS/NSP want to take the >>> liability of inviting trouble to themselves or do they want to keep it at >>> bay. >>> >>> This discussion kind of reminds me of the saying.... what is the >>> difference between a recession and depression..... Recession is when you >>> neighbor loses his job, and a depression is when one looses his own job. >>> >>> 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 >>> <supp...@snappytelecom.net> >>> >>> ------------------------------ >>> >>> *From: *"Forrest Christian (List Account)" <li...@packetflux.com> >>> *To: *"af" <af@afmug.com> >>> *Sent: *Tuesday, October 13, 2015 11:08:04 PM >>> *Subject: *Re: [AFMUG] Take down notices/Copyright infringement >>> notices.. >>> >>> I'm going to reply here instead of picking on any reply. .. >>> >>> As far as I can tell there is absolutely no requirement under the law to >>> forward these at all. But please talk to a lawyer. >>> >>> You have to have an AUP which provides for termination of repeat >>> infringers, but it doesn't say that you have to terminate repeat alleged >>> infringers. >>> >>> You need to decide whether you feel forwarding these on are a service >>> you want to provide to your customers or not. I would guess you'd likely >>> have more liability risk from one of your customers suing you for not >>> passing these on (after they are sued themselves) than from the copyright >>> holders which don't seem to have a leg to stand on in making a service >>> provider forward these. >>> >>> I'd also be very careful when passing these on to avoid making a >>> judgement or giving advice. >>> >>> Note that the above only applies to Internet connectivity and not to >>> something like hosting as an example, which has different rules. >>> >>> Again, I'm not a lawyer so the advice above may be wrong, but it is >>> based on various discussions over the years which ended up coming to this >>> conclusion. >>> On Oct 13, 2015 11:06 AM, "Peter Kranz" <pkr...@unwiredltd.com> wrote: >>> >>>> Is there any legal requirement for an ISP to forward these notices to >>>> their customers? >>>> >>>> >>>> >>>> *Peter Kranz*www.UnwiredLtd.com <http://www.unwiredltd.com/> >>>> Desk: 510-868-1614 x100 <510-868-1614%20x100> >>>> Mobile: 510-207-0000 >>>> pkr...@unwiredltd.com >>>> >>>> >>> >>> > > *Steve Discher* > sdisc...@ispsupplies.com > *ISP Supplies* Office: (855) 947-7776 / Fax: (866) 585-2175 / Direct: (979) > 314-4431 > 10770 State Hwy. 30, Suite 200 College Station, TX 77845 > http://www.ispsupplies.com > Follow my WISP Blog <http://stevedischer.com/wisp-blog/> > > [image: Twitter] <https://twitter.com/ISPSupplies> [image: Facebook] > <https://www.facebook.com/ISPSupplies> [image: Google +] > <https://plus.google.com/103869282934854184274> [image: LinkedIn] > <https://www.linkedin.com/pub/steve-discher/8/216/7a6> [image: Youtube] > <http://www.youtube.com/user/ISPSupplies?feature=guide%22> > > <https://twitter.com/ISPSupplies> > > >
