legally sufficient claim of copyright infringement Legally sufficient in the US means a warrant or subpoena. so nothing really changes here.
On Thu, Nov 5, 2015 at 11:51 AM, Steve <[email protected]> wrote: > Nope.. just a few pervs and a lot of bit torrent users. We forward the > messages and shame them if we can. But it isn't solid proof of anything. > I can't terminate their service. We have our own ARIN space so they > automate a process to contact any ABUSE@ email associated with ip space. > > The organizations generally target newly released movies/shows. It wasn't > too bad initially but now its every single thing out there. > > Since the TPP was pretty much a done deal that is when these new legal > firms jumped in and started sending them by the buttload. > > ----- Original Message ----- > From: "Ken Hohhof" <[email protected]> > To: [email protected] > Sent: Thursday, November 5, 2015 12:17:28 PM > Subject: Re: [AFMUG] Here we go - TPP Full Text Released > > 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, " > -- 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.
