text to live by : "We are unable to offer any advice or recommendation in this matter. As with any legal issue it is generally a very responsible practice to always consult with an attorney versed in the matter"
On Tue, Oct 13, 2015 at 2:34 PM, Justin Wilson - MTIN <[email protected]> wrote: > Do you have a registered copyright agent? Some relevant links: > http://copyright.gov/onlinesp/list/a_agents.html > > http://www.copyright.gov/onlinesp/agent.pdf > This is the form for designating your agent. Filing fee is $105 > > > > http://www.newmediarights.org/guide/legal/copyright/dmca/Protecting_websites_copyright_liability_user_content_Section_512_safe_harbors_takedown_notice > > > ***The following was legal advice given to me at one time*** > I had a telecom attorney tell that I should respond to any notices, even > if it is to direct them to send to the proper e-mail/postal address. We > have a form e-mail that states to contact the correct agent to go to these > addresses. This weeds out the fakes, and the shady ones. We consider it > an official request if the contact the agent. Otherwise, it’s just a > contact. > > Once a formal request is received then it’s up to your actual legal policy > on how to deal with it. > > > Justin Wilson > [email protected] > > --- > http://www.mtin.net Owner/CEO > xISP Solutions- Consulting – Data Centers - Bandwidth > > http://www.midwest-ix.com COO/Chairman > Internet Exchange - Peering - Distributed Fabric > > On Oct 13, 2015, at 3:20 PM, Faisal Imtiaz <[email protected]> > wrote: > > ... It goes like this.... > > You should have your AUP, prohibit illegal activities.... > Then you can forward to DMCA notice to your customer asking them to > remove the Copyright content ..... > you can refer to your AUP for compliance.... > > You obligation is not just to forward the notice... but get your > customer's cooperation in taking down the copyright content. If you don't > do that then you are very likely to invite a shit storm to your > organization... > > Choice is yours as a service provider..... > > > The above is obviously a very abbreviated suggestion for best practice... > by no means it is legal advice or a discussion on what is right and what it > wrong.. > > > :) > > > Faisal Imtiaz > Snappy Internet & Telecom > 7266 SW 48 Street > Miami, FL 33155 > Tel: 305 663 5518 x 232 > > Help-desk: (305)663-5518 Option 2 or Email: [email protected] > > ------------------------------ > > *From: *"Peter Kranz" <[email protected]> > *To: *[email protected] > *Sent: *Tuesday, October 13, 2015 2:30:52 PM > *Subject: *Re: [AFMUG] Take down notices/Copyright infringement notices.. > > Anyone have a decent cover letter they use when forwarding DMCA > complaints.. I want something that just says “We are required to forward > these” without providing any guidance or counsel. > > > > *Peter Kranz*www.UnwiredLtd.com <http://www.unwiredltd.com/> > Desk: 510-868-1614 x100 > Mobile: 510-207-0000 > [email protected] > > > *From:* Af [mailto:[email protected] <[email protected]>] *On > Behalf Of *That One Guy /sarcasm > *Sent:* Tuesday, October 13, 2015 11:17 AM > *To:* [email protected] > *Subject:* Re: [AFMUG] Take down notices/Copyright infringement notices.. > > > 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 <http://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. > > > -- 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.
