Has anyone ever actually had any of their customers involved in a court battle? Or even had action taken against them aside from the email mill of notices?
From what I gather from my customers in over a decade of these things, no one has ever gotten sued. But I have had my customers tell me they have paid the fee and then been extorted into more fees in an ongoing basis. This is because they responded to the letter I forwarded. I’m to the point of not forwarding them, and will just wait on legal action against me or requested of me. I hate that they do that to the customers receiving these letters for their kids going crazy on BT. They should really ask their own legal counsel what to do. Maybe I should send it with a notice that they should consult a lawyer before responding to any such letter. And has anyone here on the list actually consulted legal on this? Where exactly in state and federal law does it mandate that I have to do as they say in any of these letters? From: Af [mailto:[email protected]] On Behalf Of Carl Peterson Sent: Tuesday, October 13, 2015 1:25 PM To: [email protected] Subject: Re: [AFMUG] Take down notices/Copyright infringement notices.. Sure, Takedown notices don't apply to ISPs which are "Mere Conduits", i.e you don't store the information, you just pass along whatever bits your subscriber is requesting from some third party. As a conduit, you are required to have an AUP which allows for the termination of service to repeat infringers, and have a registered contact with the copyright office in order to take advantage of the safe harbor provisions of the DMCA. Good info on the DMCA here: http://digital-law-online.info/lpdi1.0/treatise35.html That being said, outside of the DMCA, some would argue that you have a duty to your customers to inform them of settlement offers. I don't agree with that interpretation, but I am not a lawyer and would be just as worried about the liability of forwarding bogus extortion "settlement offers". In any case, that isn't part of the DMCA. On Tue, Oct 13, 2015 at 3:01 PM, Peter Kranz <[email protected]<mailto:[email protected]>> wrote: Care to expand? >>Forwarding notices isn't part of the safe harbor provisions for ISPs. -- Carl Peterson PORT NETWORKS 401 E Pratt St, Ste 2553 Baltimore, MD 21202 (410) 637-3707
