So you actually made them follow up on the message with the copyright holder? That seems even more hardcore than disconnecting them. I guess it does have the advantage of not losing the customer though.
On Tue, Feb 2, 2016 at 1:51 PM, Chuck McCown <ch...@wbmfg.com> wrote: > 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 <c...@infowest.com> > *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 <jeremysmi...@gmail.com> >> *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 <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. >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>> >>>>> >>>>> >>>>> >>>> >>>> >>> >>> >> >> > > > >