I would consult your lawyer, but I really don't see how an international
treaty has any bearing on you unless/until US laws are changed as a result,
which I doubt will happen or even needs to happen.
Also, if you are getting hundreds of automated requests per week now, either
you have a boatload of customers, or you need to ask what is different about
your customer base. I think that is a very unusual level of DMCA notices.
Maybe you have a lot of hotspots or something?
-----Original Message-----
From: Steve
Sent: Thursday, November 05, 2015 11:05 AM
To: [email protected]
Subject: Re: [AFMUG] Here we go - TPP Full Text Released
Yeah I'm going to let the lawyers sort that out. That link was to New
Zealand's copy. Each country has a few changes to the agreement. But for
the most part it is harmonized to force ISP's to comply to any copyright
claim.
It means we in most cases won't be liable. But we have to turn over records
or inform customers.
What does that mean? It means that any tom dick and harry can start sending
letters to us and we have to reply to them and forward to the customer the
complaint. I already received hundred of automated requests per week. Now I
need to come up with an automated process to forward them. I have to shame
our customers and tell them to refrain from their actions. So it is up to
us now to be the police and to notify customers.
Its just a boat load of new work we have to do just because someone is
"claiming" something.
----- Original Message -----
From: "Ken Hohhof" <[email protected]>
To: [email protected]
Sent: Thursday, November 5, 2015 11:55:22 AM
Subject: Re: [AFMUG] Here we go - TPP Full Text Released
That's not how I read the text you cited.
It seems to say each country will have a legal process for copyright holders
to obtain this information. Currently the US has the DMCA plus copyright
holders can obtain a court order. I don't see where that would have to
change. I am not a lawyer, but even if I am interpreting this wrong, where
is the enforceability? Congress would have to feel compelled to pass more
restrictive laws to abide by this vague language in a treaty they don't like
anyway. Unless/until US laws are changed, I don't see how this applies to
us.
-----Original Message-----
From: Steve
Sent: Thursday, November 05, 2015 9:42 AM
To: [email protected]
Subject: [AFMUG] Here we go - TPP Full Text Released
We are now the internet police.
http://www.mfat.govt.nz/Treaties-and-International-Law/01-Treaties-for-which-NZ-is-Depositary/0-Trans-Pacific-Partnership-Text.php
Internet service providers must give your name if requested by copyright
holders:
"Each Party shall provide procedures... that enable a copyright owner that
has made a legally sufficient claim of copyright infringement to obtain
expeditiously from an Internet Service Provider information in the provider’s
possession identifying the alleged infringer, in cases in which that
information is sought for the purpose of protecting or enforcing that
copyright."
ISPs must move quickly to remove material with a copyright claim against it:
" these conditions shall include a requirement for Internet Service
Providers to expeditiously remove or disable access to material residing on
their networks or systems upon obtaining actual knowledge of the copyright
infringement"
"An Internet Service Provider that removes or disables access to material in
good faith under subparagraph (a) shall be exempt from any liability for
having done so, "
