DMCA agent is for 512(c) storage i.e. hosting, we are talking about 512(a) transit.
http://www.copyright.gov/title17/92chap5.html#512 I’m pretty sure you are not required to designate an agent with the Copyright Office (requires paying a fee) and publish it on your website unless you want safe harbor under 512(c). Whether you could insist that notices of claimed infringement for transit customers go to your designated agent, I don’t know, that seems a question for a lawyer. Maybe. Note that you need to publish the designated agent on your website, also I think if you are seeking safe harbor for content you host for customers, you need to list every customer domain on your application with the Copyright Office, not just your own. From: Jeremy Sent: Tuesday, February 02, 2016 2:27 PM To: af@afmug.com Subject: Re: [AFMUG] DMCA Time Management Fee I really have no idea about that. So I need to hire an agent, and then ignore all but the requests that come to me from that agent? On Tue, Feb 2, 2016 at 11:59 AM, Justin Wilson <li...@mtin.net> wrote: 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/ 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.
