interesting point.
On 11/5/2015 1:03 PM, That One Guy /sarcasm wrote:
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]
<mailto:[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] <mailto:[email protected]>>
To: [email protected] <mailto:[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] <mailto:[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] <mailto:[email protected]>>
To: [email protected] <mailto:[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] <mailto:[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.
