"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."
Absolutely, I was only speaking in regards to the ISP (conduit) side of the business. If you are hosting user content, you need to follow the rules for takedown. It is also my understanding that a mere conduit (ISP) needs to have a registered agent, and an AUP which allows for termination. On Tue, Oct 13, 2015 at 3:31 PM, Ken Hohhof <[email protected]> wrote: > 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 <[email protected]> > *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 <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. >> > > > > -- > > Carl Peterson > > *PORT NETWORKS* > > 401 E Pratt St, Ste 2553 > > Baltimore, MD 21202 > > (410) 637-3707 > -- Carl Peterson *PORT NETWORKS* 401 E Pratt St, Ste 2553 Baltimore, MD 21202 (410) 637-3707
