I’m going to chime in because I have had many conversations about this with attorneys in my former life as a corporate pilot when I would fly them all the place. I have repented since then.
On the serious side, at the end of the day, consider how your actions of lack of action as an ISP look to a jury because that is what really matters, not the law per se. Did you ignore all the notices and do nothing? Probably won’t look good to a jury. Did you email the customer each time, copy yourself, and tell them stop doing bad things or you will cut them off? The latter is probably is considered a reasonable approach by a reasonably prudent person which you are right? My two cents. > On Oct 14, 2015, at 9:56 PM, Forrest Christian (List Account) > <[email protected]> wrote: > > Most of them are ones which are not available legally at low or no cost. > Game of thrones is properly the most common complaint. > > Unfortunately for them, they don't seem to respond to my queries to change > the email address to one which is correct, instead of sending them to my > personal email address, which wouldn't be a problem except Google calls them > spam. > > On Oct 14, 2015 10:26 AM, "Ken Hohhof" <[email protected] > <mailto:[email protected]>> wrote: > Maybe notices of claimed infringement have entered new territory recently, > but I’m pretty sure every one we ever received was accurate. But I think > it’s been a couple years since we received one. > > With the exception of a handful of cable network shows that are unavailable > for streaming, it’s so much easier now to just download it legally. Plus > people want to stream instantly, not download via BT and watch later. And > they want to watch on mobile devices and on their TV via their Roku or Apple > TV or streaming stick, not on their PC if they even have one. I think the > few who are still pirating movies to store on their home media server are > using tech like VPNs and NNTP. > > What is different about your customer bases, that you are still getting > enough DMCA notices to worry about? Is this on 900 MHz networks that are too > slow for live streaming? Or is this related to bootleg porn movies? > > > From: Forrest Christian (List Account) <mailto:[email protected]> > Sent: Wednesday, October 14, 2015 12:12 PM > To: af <mailto:[email protected]> > Subject: Re: [AFMUG] Take down notices/Copyright infringement notices.. > > The LAW says that as a conduit we are not legally responsible for infingement > which occurs across our networks, as long as we meet some simple > requirements, none of which require us to take any action in these > notifications. > > Yes, anyone can be sued any time. But the reality is that these email > notifications are defective on so many levels that taking any action based on > them other than forwarding them onto their apparent recipient with a > disclaimer attached could open you up to real liability. For instance, > lending any validity to any claim made by a scammer pretending to be a > copyright owner could be perceived by your customer as aiding and abetting in > an illegal activity. > > This discussion needs to be about legal requirements and how to protect > ourselves from claims. I personally feel the piracy going on is wrong, but > quite frankly, the emails are allegations, not proof of activities. For > example, I've seen notices come in for ip addresses which aren't possible to > be the source because they are from a block we've never had active on our > network. How can I trust these as anything but what they are... automated > detection of a possible infringement which regularly contain errors. > > On Oct 14, 2015 3:02 AM, "Faisal Imtiaz" <[email protected] > <mailto:[email protected]>> wrote: > 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 <tel:305%20663%205518%20x%20232> > > Help-desk: (305)663-5518 <tel:%28305%29663-5518> Option 2 or Email: > [email protected] > > From: "Forrest Christian (List Account)" <[email protected] > <mailto:[email protected]>> > To: "af" <[email protected] <mailto:[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] > <mailto:[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 <tel:510-868-1614%20x100> > Mobile: 510-207-0000 <tel:510-207-0000> > [email protected] <mailto:[email protected]> > > Steve Discher [email protected] <mailto:[email protected]> ISP Supplies Office: (855) 947-7776 / Fax: (866) 585-2175 / Direct: (979) 314-4431 10770 State Hwy. 30, Suite 200 College Station, TX 77845 http://www.ispsupplies.com <http://www.ispsupplies.com/> Follow my WISP Blog <http://stevedischer.com/wisp-blog/> <https://twitter.com/ISPSupplies> <https://www.facebook.com/ISPSupplies> <https://plus.google.com/103869282934854184274> <https://www.linkedin.com/pub/steve-discher/8/216/7a6> <http://www.youtube.com/user/ISPSupplies?feature=guide%22> <https://twitter.com/ISPSupplies>
