Yes, I was venting frustration more than anything. I have heard people on the ubnt.com forums discussing their fees for such a lookup.
I have never heard of anybody who has charged a "lookup fee" for DMCA request who has actually be paid / had the requestee go further than the initial email/letter (now including this list). Note: Those same people do charge for CALEA requests as well, but those *do* get paid. On Mon, Jun 3, 2013 at 5:56 PM, Hass, Douglas A. <d...@franczek.com> wrote: > Well, let's not get carried away. :-) $1 million would certainly exceed > the "reasonable costs" that you incur (and can charge) for compliance with > the civil subpoena. Your ability to recover your reasonable cost for a > civil subpoena does not come from the DMCA, btw. That is part of the > federal rules that apply generally for all non party civil subpoenas. > > > > Going overboard with fee requests for a DMCA notice could give the > copyright holder an argument that you are not making a good-faith effort to > comply with the safe harbor provisions, too. Tread carefully, and get some > legal advice before considering massive cost requests. > > > > ------ Original message ------ > From: Josh Reynolds > Date: 6/3/2013 5:28 PM > To: wireless@wispa.org; > Subject:Re: [WISPA] Blocking Torrents (RE: Justin Wilson) > > So what if your resolution has been to direct them to your DCMA complaints > webpage (with clearly defined process), and the requestee has never > provided the information required to "retrieve the information"? > > There is nothing in the law that says you can't charge 1 million USD per > complain request notification, AND it would stop these trolls who are suing > grandmothers for millions when their computers are infected with a botnet. > > The thing about 99.9% of these requests, is that they are literally as bad > or worse than patent trolling. They send out thousands of these requests > every day just to see "who bites", with the objective being for them to > collect money either in or out of court. They know that when grandma on her > fixed income tries to fight back, that they will bury her in debt in court > even if she wins. > > The entire process is automated in most cases, which is how they often end > up sending DCMA complaints to themselves (google it). > > I'm all for protecting your IP, but this stuff has Got To Stop. > > (Sorry for slightly O/T, but this is relevant to the discussion from the > ISP prospective.) > -- > Josh Reynolds > WISP Engineering Liaison > Performant Networks > phone (305) 968-6351 > email j...@performantnetworks.com<mailto:j...@performantnetworks.com> > > > > [http://www.performantnetworks.com/images/Performant-Networks.png] > > > Douglas A. Hass > Associate > 312.786.6502 > d...@franczek.com > > Franczek Radelet P.C. > 300 South Wacker Drive > Suite 3400Chicago,IL 60606 > 312.986.0300 - Main > 312.986.9192 - Fax > http://franczek.com<http://> > > > Franczek Radelet is committed to sustainability - please consider the > environment before printing this email. > > ________________________________ > Circular 230 Disclosure: Under requirements imposed by the Internal > Revenue Service, we inform you that, unless specifically stated otherwise, > any federal tax advice contained in this communication (including any > attachments) is not intended or written to be used, and cannot be used, for > the purposes of (i) avoiding penalties under the Internal Revenue Code or > (ii) promoting, marketing or recommending to another party any transaction > or tax-related matter herein. > ________________________________ > For more information about Franczek Radelet P.C., please visit > franczek.com. The information contained in this e-mail message or any > attachment may be confidential and/or privileged, and is intended only for > the use of the named recipient. If you are not the named recipient of this > message, you are hereby notified that any dissemination, distribution, or > copying of this message or any attachment thereto, is strictly prohibited. > If you have received this message in error, please contact the sender and > delete all copies. > ________________________________ > -- *Josh Reynolds* WISP Engineering Liaison Performant Networks phone (305) 968-6351 email j...@performantnetworks.com --
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