I had excellent luck in immediate shutdown until they got the copyright holder 
to give me an all clear.  I don’t think I ever lost a customer.  Some of them 
were down for a week or so at times.  

From: Cassidy B. Larson 
Sent: Tuesday, February 02, 2016 1:49 PM
To: af@afmug.com 
Subject: Re: [AFMUG] DMCA Time Management Fee

We send the notice and call them after to make sure they ack it.  On the third 
strike, we suspend their service until they call in. Letting them know at that 
time if we receive future notices it’ll be a $100 administrative fee per notice 
we receive.  They usually decide to go elsewhere at that point. 

  On Feb 2, 2016, at 1:45 PM, Jeremy <jeremysmi...@gmail.com> wrote:

  Usually we send a couple notices and never hear about it again.  They usually 
quit the offending activity, or encrypt their traffic.  When they just keep 
going and going we have to do something.

  On Tue, Feb 2, 2016 at 1:43 PM, Chuck McCown <ch...@wbmfg.com> wrote:

    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.













Reply via email to