The biggest thing I use in a determination is did they send it to the Registered Copyright Agent on file? You do have one correct? :-) http://copyright.gov/onlinesp/ <http://copyright.gov/onlinesp/>
If you have one, and it’s not sent to that agent, it’s not a real request IMHO. Justin Wilson j...@mtin.net --- http://www.mtin.net Owner/CEO xISP Solutions- Consulting – Data Centers - Bandwidth http://www.midwest-ix.com COO/Chairman > On Feb 2, 2016, at 1:34 PM, Josh Reynolds <j...@kyneticwifi.com> wrote: > > It can't charge the copyright holder, but could it charge to company > sending out the notices if they aren't the CRH? :) > > On Tue, Feb 2, 2016 at 12:17 PM, Keefe John <keefe...@ethoplex.com> wrote: >> This has been discussed before, the DMCA safe harbor doesn't allow the >> provider to charge the copyright holder for this. >> >> On 2/2/2016 12:03 PM, Josh Reynolds wrote: >>> >>> That's going to end up in a big mess of a lawsuit eventually. >>> >>> On Tue, Feb 2, 2016 at 12:03 PM, Sterling Jacobson <sterl...@avative.net> >>> wrote: >>>> >>>> Haha! >>>> >>>> >>>> >>>> If it’s against your AUP, make sure you have a clause in there that says >>>> you >>>> charge per incident. >>>> >>>> >>>> >>>> Then go ahead and charge the customer. >>>> >>>> >>>> >>>> Sounds like if you are just going to kick them off eventually, might as >>>> well >>>> try to keep them, but make it costly. >>>> >>>> >>>> >>>> If they don’t pay it, then they are off. >>>> >>>> >>>> >>>> Nothing legally wrong with it if its in your policy I think. >>>> >>>> >>>> >>>> From: Af [mailto:af-boun...@afmug.com] On Behalf Of That One Guy /sarcasm >>>> Sent: Tuesday, February 2, 2016 10:57 AM >>>> To: af@afmug.com >>>> Subject: Re: [AFMUG] DMCA Time Management Fee >>>> >>>> >>>> >>>> Oh wow, youre seriously looking for a fight with customers >>>> >>>> >>>> >>>> On Tue, Feb 2, 2016 at 11:31 AM, Jeremy <jeremysmi...@gmail.com> wrote: >>>> >>>> What do you thing about charging a fee every time that a customer gets a >>>> DMCA takedown notice. These notices take time to track down and follow >>>> up >>>> on. If we charged $20 every time it would make it not really worth it to >>>> pirate that $10 movie. I would think that it should be legal, so long as >>>> we >>>> add it to our customer agreement. Anyone ever thought about this? Right >>>> now we pass on 5 of them and then make them find a new provider. It >>>> seems >>>> like they would be less likely to hit 5 if they had to pay $20 for each >>>> one. >>>> We really don't want these guys on our network anyway, so no sweat if >>>> they >>>> just cancel. Is anyone out there charging customers a fee for these? I >>>> know most of you just ignore them, but we like passing them on, as it >>>> lowers >>>> our overall usage. >>>> >>>> >>>> >>>> >>>> >>>> -- >>>> >>>> If you only see yourself as part of the team but you don't see your team >>>> as >>>> part of yourself you have already failed as part of the team. >> >> >