I will never forget the first time I shut somebody off for pirating a movie.  
Porn movie.  Turns out to be the kid of a principal of a local school.  Dad was 
pretty hot for being shut down until I explained the reason.  I told him once 
he makes nice with the copyright holder we can turn him back on.  I think he 
was worried it would leak into the press or the schoolboard would become aware. 
 That never happened.  

From: Jeremy 
Sent: Tuesday, February 02, 2016 1:41 PM
To: af@afmug.com 
Subject: Re: [AFMUG] DMCA Time Management Fee

Yeah, we expect them to switch.  We are uninstalling the equipment.  I am just 
trying to figure out how long we should ban them for.  I really don't care if 
they ever come back.  Pirates are a hassle for me, and could potentially land 
any of us in front of a judge.

On Tue, Feb 2, 2016 at 1:38 PM, Ryan Ray <ryan...@gmail.com> wrote:

  Realistically if you shut me off I would switch to a new provider within a 
day. I don't know what kind of person would stick around on a ban no matter 
what the length of time is. 


  On Tue, Feb 2, 2016 at 12:35 PM, Jeremy <jeremysmi...@gmail.com> wrote:

    For those of you who actually do some sort of enforcement, what amount of 
time do you ban them for?  I figure even at 90 days they will get a new 
provider.  So I was just going to go with one year.  Is that excessive?

    On Tue, Feb 2, 2016 at 1:32 PM, Justin Wilson <li...@mtin.net> wrote:

      You designate an “agent” within your company.  I typical register the 
CEO, operations, or someone like that that as the agent.  You would have no 
issue registering yourself as the agent.  I would recommend you create a 
copyright@ e-mail address and use that as the designated e-mail contact.  That 
way you know a request to copyright@ is most likely someone following protocol. 

      It’s like CALEA.  Their just needs to be the proper person on file to 
contact, and server due process should it come to that.


      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 3:27 PM, Jeremy <jeremysmi...@gmail.com> wrote:


        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.











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