Focus only on 512(a) and maybe (j). You are not legally required to do much if anything, unless you get a subpoena or court order.
If this is a hosting customer, then read 512(c), otherwise avert your eyes from that subsection. From: That One Guy Sent: Thursday, February 12, 2015 4:45 PM To: [email protected] Subject: Re: [AFMUG] Generic DMCA Policy I dont want to deal with it, but I want to have the safe harbor provisions in effect. If Im going to forward this nonsense, I want to make sure our entire system is kosher. I ultimately want the decision to be left to the owner of the company I work for, but Im one of those dicks on the details. Until now Ive been the one making the decision to ignore the notices, its a liability I dont want on my shoulders. Ill offer him the complete system, and he can choose to use it or not, but I did my part. I personally think the whole thing is nonsense since there is an expectation that legal matters not be handled by legal folk. We should only have to respond to court orders, subpoenas, and bribes. That that i posted as I understood it is from the safe harbor code http://www.law.cornell.edu/uscode/text/17/512 I could be wrong On Thu, Feb 12, 2015 at 4:17 PM, Ken Hohhof <[email protected]> wrote: Steve, is your question about Internet access customers, or hosted content and a takedown notice? I suspect you have the first, but are looking at requirements for the second. Either forward the email, or throw it away. If the customer wants to call you, they are going to call you. The only way to prevent that is not to forward the notice. The downside there is the customer may keep doing it and some day you might get a subpoena. From: That One Guy Sent: Thursday, February 12, 2015 3:51 PM To: [email protected] Subject: Re: [AFMUG] Generic DMCA Policy Im wanting to clearly avoid the customer talking to us about it if we forward it, in particular if the customer wants to argue their case, it seems the big ones have them send their response to the ISP. I cant figure out whether thats a requirement of the provision or if we can just tell them to talk to a lawyer or respond to the complaint. We have useless customer service when it comes to being clear or being firm, and consistency is not their forte at all. I would prefer the customer have as little reason as possible to communicate with us after we forward the notice. I may just not understand what I was reading in the provision, but it also appears we have to register our contact information with some database as well as our website (2) Designated agent.— The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information: (A) the name, address, phone number, and electronic mail address of the agent. (B) other contact information which the Register of Copyrights may deem appropriate. The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, and may require payment of a fee by service providers to cover the costs of maintaining the directory. On Thu, Feb 12, 2015 at 3:25 PM, Matt <[email protected]> wrote: > Aybody have a generic policy they post and a generic email that accompanies > the forwarded notice telling the customer to piss off its not our problem Google a few terms you received in a DMCA notice you received. You will find hundreds of examples sent by big Cable Company's etc that users have posted. -- All parts should go together without forcing. You must remember that the parts you are reassembling were disassembled by you. Therefore, if you can't get them together again, there must be a reason. By all means, do not use a hammer. -- IBM maintenance manual, 1925 -- All parts should go together without forcing. You must remember that the parts you are reassembling were disassembled by you. Therefore, if you can't get them together again, there must be a reason. By all means, do not use a hammer. -- IBM maintenance manual, 1925
