Hi Forrest, All things aside..... the core basic boils down to the following:-
First question: Do we agree that Sharing Copyright Content without the consent of the Copyright owner is against the law ? Second question: Do we have the resources, and the willingness to defend ourselves when named in a lawsuit related to DCMA violation ? (remember the law in the country allows anyone to be sued for anything, once you are named, then you have to defend yourself. Yes, the charges can be dismissed and thrown out of court, but you have to show up to court, and that costs time and money...) Depending how one answers the above two questions, the action required is pretty simple... If you answer the above two as YES, and NO. Then simply contact your customer and ask them remove the copyright content, which should be within your AUP. If you answer the above with NO and YES. Then simply discard the DCMA request. --------------- Are they going to come after you on every notice ? no...but they reserve the right to do so... The real question, in my opinion, is does an IS/NSP want to take the liability of inviting trouble to themselves or do they want to keep it at bay. This discussion kind of reminds me of the saying.... what is the difference between a recession and depression..... Recession is when you neighbor loses his job, and a depression is when one looses his own job. Of Course YMMV. Regards 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: "Forrest Christian (List Account)" <[email protected]> > To: "af" <[email protected]> > Sent: Tuesday, October 13, 2015 11:08:04 PM > Subject: Re: [AFMUG] Take down notices/Copyright infringement notices.. > I'm going to reply here instead of picking on any reply. .. > As far as I can tell there is absolutely no requirement under the law to > forward > these at all. But please talk to a lawyer. > You have to have an AUP which provides for termination of repeat infringers, > but > it doesn't say that you have to terminate repeat alleged infringers. > You need to decide whether you feel forwarding these on are a service you want > to provide to your customers or not. I would guess you'd likely have more > liability risk from one of your customers suing you for not passing these on > (after they are sued themselves) than from the copyright holders which don't > seem to have a leg to stand on in making a service provider forward these. > I'd also be very careful when passing these on to avoid making a judgement or > giving advice. > Note that the above only applies to Internet connectivity and not to something > like hosting as an example, which has different rules. > Again, I'm not a lawyer so the advice above may be wrong, but it is based on > various discussions over the years which ended up coming to this conclusion. > On Oct 13, 2015 11:06 AM, "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]
