Steve do you have an AUP posted already?

-Ty



-Ty

On Tue, Mar 8, 2016 at 9:21 AM, That One Guy /sarcasm <
thatoneguyst...@gmail.com> wrote:

> how much of this notice can a guy copy and use before google sends a
> takedown notice.
>
> I really want to get our DMCA policy in place just to not have to worry
> about being that little company they decide to make an example out of when
> they figure out how to nail people on the firesticks
>
> On Mon, Mar 7, 2016 at 1:00 PM, Chuck Hogg <ch...@shelbybb.com> wrote:
>
>> I think we are going to start just following Google's take on DMCA
>> notices.  I would like ours to send the customer an email requiring the to
>> go to a webpage in the next 7 days or be blocked.  They will then be
>> tracked watching a video of sorts that explains why they are watching this
>> video.  I would also explain that the company sending the complaint may
>> want to settle, but it would be up to the customer to take whatever action
>> they deemed appropriate.  Further, I would tell the customer that I would
>> not disclose their CPNI without a court order.
>>
>> This is what they send out....
>>
>>
>> [image: Inline image 1]
>>
>> And then they forward (Insert company here)'s complaint, in this case BMG.
>> [image: Inline image 2]
>>
>>
>>
>> Regards,
>> Chuck
>>
>> On Mon, Mar 7, 2016 at 1:02 PM, Mike Hammett <af...@ics-il.net> wrote:
>>
>>> I hit send too quickly. Here's how to NAT your customers to a range of
>>> ports.
>>>
>>>
>>> http://wiki.mikrotik.com/wiki/Manual:IP/Firewall/NAT#Carrier-Grade_NAT_.28CGNAT.29_or_NAT444
>>>
>>>
>>>
>>> -----
>>> Mike Hammett
>>> Intelligent Computing Solutions <http://www.ics-il.com/>
>>> <https://www.facebook.com/ICSIL>
>>> <https://plus.google.com/+IntelligentComputingSolutionsDeKalb>
>>> <https://www.linkedin.com/company/intelligent-computing-solutions>
>>> <https://twitter.com/ICSIL>
>>> Midwest Internet Exchange <http://www.midwest-ix.com/>
>>> <https://www.facebook.com/mdwestix>
>>> <https://www.linkedin.com/company/midwest-internet-exchange>
>>> <https://twitter.com/mdwestix>
>>> The Brothers WISP <http://www.thebrotherswisp.com/>
>>> <https://www.facebook.com/thebrotherswisp>
>>>
>>>
>>> <https://www.youtube.com/channel/UCXSdfxQv7SpoRQYNyLwntZg>
>>> ------------------------------
>>> *From: *"Mike Hammett" <af...@ics-il.net>
>>> *To: *af@afmug.com
>>> *Sent: *Monday, March 7, 2016 12:01:07 PM
>>>
>>> *Subject: *Re: [AFMUG] DMCA Time Management Fee
>>>
>>> Perhaps our ticketing systems need an input box where we can copy +
>>> paste the ACNS XML into and it files it with the correct customer?
>>>
>>> If you're NATing your customers, you should be NATing them to a
>>> particular range so you can track them easier.
>>>
>>>
>>>
>>>
>>> -----
>>> Mike Hammett
>>> Intelligent Computing Solutions <http://www.ics-il.com/>
>>> <https://www.facebook.com/ICSIL>
>>> <https://plus.google.com/+IntelligentComputingSolutionsDeKalb>
>>> <https://www.linkedin.com/company/intelligent-computing-solutions>
>>> <https://twitter.com/ICSIL>
>>> Midwest Internet Exchange <http://www.midwest-ix.com/>
>>> <https://www.facebook.com/mdwestix>
>>> <https://www.linkedin.com/company/midwest-internet-exchange>
>>> <https://twitter.com/mdwestix>
>>> The Brothers WISP <http://www.thebrotherswisp.com/>
>>> <https://www.facebook.com/thebrotherswisp>
>>>
>>>
>>> <https://www.youtube.com/channel/UCXSdfxQv7SpoRQYNyLwntZg>
>>> ------------------------------
>>> *From: *"Jon Auer" <j...@tapodi.net>
>>> *To: *"Animal Farm" <af@afmug.com>
>>> *Sent: *Monday, March 7, 2016 11:32:01 AM
>>> *Subject: *Re: [AFMUG] DMCA Time Management Fee
>>>
>>> I filled out that survey and then realized that most of the burden comes
>>> down to the shi**y state of ticketing systems / backoffice tooling (aside
>>> from not being able to file the registered agent form online).
>>>
>>> Pretty much all the DMCA notices come with ACNS XML. It's easy enough to
>>> parse, open tickets on customers, and handle as automatically or manually
>>> as you want. For a industry-to-industry self-policing mechanism it's pretty
>>> painless.
>>>
>>> The only DMCA notice we've received *without* ACNS XML came from
>>> CitiBank's SOC when one of our shared hosting customers got hacked and was
>>> hosting a phishing page with their logo on it.
>>>
>>> Like most things ISPish the pain comes in the valley between when you
>>> start and have so few customers that it's a novelty/doesn't take too much
>>> time and when you have so many customers/it's enough of a pain that you
>>> automate it.
>>> Of course, when the valley is everything between some guy with like 200
>>> subs and Comcast there's a lot of people feeling the pain, but the pain
>>> shouldn't be there--we should be demanding that our back office
>>> ticketing/billing venders provide ACNS parsing.
>>>
>>> We need to get our collective ducks in a row and manage DMCA well enough
>>> that the rights-holders don't get any more bent out of shape and we end up
>>> getting served with complaints that have teeth-subpoenas and whatnot.
>>>
>>> Can't identify customers because NAT?
>>> Log the port translations. ACNS includes port numbers.
>>> Got people whining about costs of storing NAT logs? C'mon. Storage is
>>> cheap. There's no such thing as free lunch and that's the cost of not
>>> assigning public addresses to customers.
>>>
>>> I got 99 problems with DMCA but the takedown process (on the service
>>> provider side) ain't one.
>>>
>>> On Tue, Feb 2, 2016 at 3:13 PM, Daniel White <afmu...@gmail.com> wrote:
>>>
>>>> WISPA will be filling comments on the recent request for information
>>>> from the US Copyright Office – specifically on the burden of DMCA.
>>>>
>>>>
>>>>
>>>> Thank you,
>>>>
>>>>
>>>>
>>>> Daniel White
>>>>
>>>> afmu...@gmail.com
>>>>
>>>> Cell: +1 (303) 746-3590
>>>>
>>>> Skype: danieldwhite
>>>> Social: LinkedIn <http://www.linkedin.com/in/danielwhite84>: Twitter
>>>> <https://twitter.com/DanielWhite84>
>>>>
>>>>
>>>>
>>>> *From:* Af [mailto:af-boun...@afmug.com] *On Behalf Of *Chuck McCown
>>>> *Sent:* Tuesday, February 2, 2016 2:10 PM
>>>> *To:* af@afmug.com
>>>> *Subject:* Re: [AFMUG] DMCA Time Management Fee
>>>>
>>>>
>>>>
>>>> And it should prove that we did everything possible to keep our hands
>>>> clean.
>>>>
>>>>
>>>>
>>>> *From:* Jeremy <jeremysmi...@gmail.com>
>>>>
>>>> *Sent:* Tuesday, February 02, 2016 2:05 PM
>>>>
>>>> *To:* af@afmug.com
>>>>
>>>> *Subject:* Re: [AFMUG] DMCA Time Management Fee
>>>>
>>>>
>>>>
>>>> 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.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
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>>>
>>>
>>>
>>>
>>
>
>
> --
> 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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