I believe originally common carrier was a status you sought, agreeing to the
obligations in order to obtain the benefits.
Now it seems more like a curse that someone casts upon you. You're just
walking down the street, minding your own business, and poof, some Dark
Wizard puts a spell on you.
-----Original Message-----
From: Mark Radabaugh
Sent: Tuesday, November 24, 2015 7:52 PM
To: [email protected]
Subject: Re: [AFMUG] Judge Wipes Out Safe Harbor Provision In DMCA,Makes Cox
Accomplice of Piracy ?
Hum..
I wonder if anyone has looked at the implications of the FCC declaring
Internet at Title II service. Seems like designating ISP’s as common
carriers should also imply the standard immunity of common carriers.
Mark
On Nov 24, 2015, at 7:41 PM, Steve <[email protected]> wrote:
This is absurd. Its like making the electric company getting blamed
because someone is using electricity to grow weed. People can complain to
the electric company but it isn't their job its the police's job.
-------------------
http://yro.slashdot.org/story/15/11/24/1746241/judge-wipes-out-safe-harbor-provision-in-dmca-makes-cox-accomplice-of-piracy
The DMCA is well-known for giving exorbitant powers to copyright holders,
such as taking down a page or a whole web site without a court order.
Media companies buy services from vendors like Rightscorp, a shake-down
outfit that issues thousands of robot-generated take-down notices and
issues threats against ISPs and sites ignoring them. Cox, like a lot of
ISPs, is inundated with abusive take-down notices, in particular from
Rightscorp. Now, BMG Rights Management and Round Hill Music are suing Cox
for refusing to shut off the Internet access of subscribers that
Rightscorp accused of downloading music via BitTorrent. Cox argues that as
an ISP, they benefit from the Safe Harbor provision that shields access
providers from subscribers' misbehavior. Not so, says U.S. District Judge
Liam O'Grady. The judge sided with the media companies ahead of trial,
saying Cox should have terminated the repeat offenders accused by
Rightscorp. Cox's response is quite entertaining for a legal document
(PDF): its description of Rightscorp includes the terms "shady,"
"shake-down," and "pay no attention to the facts." O'Grady also derided
the Electronic Frontier Foundation's attempt to file an amicus brief
supporting Cox, calling them hysterical crybabies.
--------------------
