DMCA covers transit, caching, and hosting. What you say is true for transit, but not for hosting. If you host customer sites, then you need a registered agent and to follow the DMCA notice procedures, to avail yourself of safe harbor against monetary judgments. Probably most WISPs do little or no hosting of user content.
I’m not sure how exactly the major ISPs got coerced into the 3 strikes program. Probably a threat to replace the DMCA with more onerous legislation. Some are currently predicting the TPP will do this anyway, based on a Wikileaks document. Hard to see how TPP has any teeth to it though. From: Carl Peterson Sent: Tuesday, October 13, 2015 1:56 PM To: [email protected] Subject: Re: [AFMUG] Take down notices/Copyright infringement notices.. Forwarding notices isn't part of the safe harbor provisions for ISPs. On Tue, Oct 13, 2015 at 2:17 PM, That One Guy /sarcasm <[email protected]> wrote: Only if you want shielded under safe harbor from a lawsuit. Best to just forward and duplicate somebody elses DMCA policy to your website whether you enforce it or not. They are handy for douchebag customers though Check the archives here, there was a big discussion on the dos and donts with some good points made, one of which being if you do forward it, dont alter it in any way On Tue, Oct 13, 2015 at 1:06 PM, Peter Kranz <[email protected]> wrote: Is there any legal requirement for an ISP to forward these notices to their customers? Peter Kranz www.UnwiredLtd.com Desk: 510-868-1614 x100 Mobile: 510-207-0000 [email protected] -- 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. -- Carl Peterson PORT NETWORKS 401 E Pratt St, Ste 2553 Baltimore, MD 21202 (410) 637-3707
