I think we are going to start just following Google's take on DMCA
notices.  I would like ours to send the customer an email requiring the to
go to a webpage in the next 7 days or be blocked.  They will then be
tracked watching a video of sorts that explains why they are watching this
video.  I would also explain that the company sending the complaint may
want to settle, but it would be up to the customer to take whatever action
they deemed appropriate.  Further, I would tell the customer that I would
not disclose their CPNI without a court order.

This is what they send out....


[image: Inline image 1]

And then they forward (Insert company here)'s complaint, in this case BMG.
[image: Inline image 2]



Regards,
Chuck

On Mon, Mar 7, 2016 at 1:02 PM, Mike Hammett <[email protected]> wrote:

> I hit send too quickly. Here's how to NAT your customers to a range of
> ports.
>
>
> http://wiki.mikrotik.com/wiki/Manual:IP/Firewall/NAT#Carrier-Grade_NAT_.28CGNAT.29_or_NAT444
>
>
>
> -----
> Mike Hammett
> Intelligent Computing Solutions <http://www.ics-il.com/>
> <https://www.facebook.com/ICSIL>
> <https://plus.google.com/+IntelligentComputingSolutionsDeKalb>
> <https://www.linkedin.com/company/intelligent-computing-solutions>
> <https://twitter.com/ICSIL>
> Midwest Internet Exchange <http://www.midwest-ix.com/>
> <https://www.facebook.com/mdwestix>
> <https://www.linkedin.com/company/midwest-internet-exchange>
> <https://twitter.com/mdwestix>
> The Brothers WISP <http://www.thebrotherswisp.com/>
> <https://www.facebook.com/thebrotherswisp>
>
>
> <https://www.youtube.com/channel/UCXSdfxQv7SpoRQYNyLwntZg>
> ------------------------------
> *From: *"Mike Hammett" <[email protected]>
> *To: *[email protected]
> *Sent: *Monday, March 7, 2016 12:01:07 PM
>
> *Subject: *Re: [AFMUG] DMCA Time Management Fee
>
> Perhaps our ticketing systems need an input box where we can copy + paste
> the ACNS XML into and it files it with the correct customer?
>
> If you're NATing your customers, you should be NATing them to a particular
> range so you can track them easier.
>
>
>
>
> -----
> Mike Hammett
> Intelligent Computing Solutions <http://www.ics-il.com/>
> <https://www.facebook.com/ICSIL>
> <https://plus.google.com/+IntelligentComputingSolutionsDeKalb>
> <https://www.linkedin.com/company/intelligent-computing-solutions>
> <https://twitter.com/ICSIL>
> Midwest Internet Exchange <http://www.midwest-ix.com/>
> <https://www.facebook.com/mdwestix>
> <https://www.linkedin.com/company/midwest-internet-exchange>
> <https://twitter.com/mdwestix>
> The Brothers WISP <http://www.thebrotherswisp.com/>
> <https://www.facebook.com/thebrotherswisp>
>
>
> <https://www.youtube.com/channel/UCXSdfxQv7SpoRQYNyLwntZg>
> ------------------------------
> *From: *"Jon Auer" <[email protected]>
> *To: *"Animal Farm" <[email protected]>
> *Sent: *Monday, March 7, 2016 11:32:01 AM
> *Subject: *Re: [AFMUG] DMCA Time Management Fee
>
> I filled out that survey and then realized that most of the burden comes
> down to the shi**y state of ticketing systems / backoffice tooling (aside
> from not being able to file the registered agent form online).
>
> Pretty much all the DMCA notices come with ACNS XML. It's easy enough to
> parse, open tickets on customers, and handle as automatically or manually
> as you want. For a industry-to-industry self-policing mechanism it's pretty
> painless.
>
> The only DMCA notice we've received *without* ACNS XML came from
> CitiBank's SOC when one of our shared hosting customers got hacked and was
> hosting a phishing page with their logo on it.
>
> Like most things ISPish the pain comes in the valley between when you
> start and have so few customers that it's a novelty/doesn't take too much
> time and when you have so many customers/it's enough of a pain that you
> automate it.
> Of course, when the valley is everything between some guy with like 200
> subs and Comcast there's a lot of people feeling the pain, but the pain
> shouldn't be there--we should be demanding that our back office
> ticketing/billing venders provide ACNS parsing.
>
> We need to get our collective ducks in a row and manage DMCA well enough
> that the rights-holders don't get any more bent out of shape and we end up
> getting served with complaints that have teeth-subpoenas and whatnot.
>
> Can't identify customers because NAT?
> Log the port translations. ACNS includes port numbers.
> Got people whining about costs of storing NAT logs? C'mon. Storage is
> cheap. There's no such thing as free lunch and that's the cost of not
> assigning public addresses to customers.
>
> I got 99 problems with DMCA but the takedown process (on the service
> provider side) ain't one.
>
> On Tue, Feb 2, 2016 at 3:13 PM, Daniel White <[email protected]> wrote:
>
>> WISPA will be filling comments on the recent request for information from
>> the US Copyright Office – specifically on the burden of DMCA.
>>
>>
>>
>> Thank you,
>>
>>
>>
>> Daniel White
>>
>> [email protected]
>>
>> Cell: +1 (303) 746-3590
>>
>> Skype: danieldwhite
>> Social: LinkedIn <http://www.linkedin.com/in/danielwhite84>: Twitter
>> <https://twitter.com/DanielWhite84>
>>
>>
>>
>> *From:* Af [mailto:[email protected]] *On Behalf Of *Chuck McCown
>> *Sent:* Tuesday, February 2, 2016 2:10 PM
>> *To:* [email protected]
>> *Subject:* Re: [AFMUG] DMCA Time Management Fee
>>
>>
>>
>> And it should prove that we did everything possible to keep our hands
>> clean.
>>
>>
>>
>> *From:* Jeremy <[email protected]>
>>
>> *Sent:* Tuesday, February 02, 2016 2:05 PM
>>
>> *To:* [email protected]
>>
>> *Subject:* Re: [AFMUG] DMCA Time Management Fee
>>
>>
>>
>> So you actually made them follow up on the message with the copyright
>> holder?  That seems even more hardcore than disconnecting them.  I guess it
>> does have the advantage of not losing the customer though.
>>
>>
>>
>> On Tue, Feb 2, 2016 at 1:51 PM, Chuck McCown <[email protected]> wrote:
>>
>> I had excellent luck in immediate shutdown until they got the copyright
>> holder to give me an all clear.  I don’t think I ever lost a customer.
>> Some of them were down for a week or so at times.
>>
>>
>>
>> *From:* Cassidy B. Larson <[email protected]>
>>
>> *Sent:* Tuesday, February 02, 2016 1:49 PM
>>
>> *To:* [email protected]
>>
>> *Subject:* Re: [AFMUG] DMCA Time Management Fee
>>
>>
>>
>> We send the notice and call them after to make sure they ack it.  On the
>> third strike, we suspend their service until they call in. Letting them
>> know at that time if we receive future notices it’ll be a $100
>> administrative fee per notice we receive.  They usually decide to go
>> elsewhere at that point.
>>
>>
>>
>> On Feb 2, 2016, at 1:45 PM, Jeremy <[email protected]> wrote:
>>
>>
>>
>> Usually we send a couple notices and never hear about it again.  They
>> usually quit the offending activity, or encrypt their traffic.  When they
>> just keep going and going we have to do something.
>>
>>
>>
>> On Tue, Feb 2, 2016 at 1:43 PM, Chuck McCown <[email protected]> wrote:
>>
>> I will never forget the first time I shut somebody off for pirating a
>> movie.  Porn movie.  Turns out to be the kid of a principal of a local
>> school.  Dad was pretty hot for being shut down until I explained the
>> reason.  I told him once he makes nice with the copyright holder we can
>> turn him back on.  I think he was worried it would leak into the press or
>> the schoolboard would become aware.  That never happened.
>>
>>
>>
>> *From:* Jeremy <[email protected]>
>>
>> *Sent:* Tuesday, February 02, 2016 1:41 PM
>>
>> *To:* [email protected]
>>
>> *Subject:* Re: [AFMUG] DMCA Time Management Fee
>>
>>
>>
>> Yeah, we expect them to switch.  We are uninstalling the equipment.  I am
>> just trying to figure out how long we should ban them for.  I really don't
>> care if they ever come back.  Pirates are a hassle for me, and could
>> potentially land any of us in front of a judge.
>>
>>
>>
>> On Tue, Feb 2, 2016 at 1:38 PM, Ryan Ray <[email protected]> wrote:
>>
>> Realistically if you shut me off I would switch to a new provider within
>> a day. I don't know what kind of person would stick around on a ban no
>> matter what the length of time is.
>>
>>
>>
>>
>>
>> On Tue, Feb 2, 2016 at 12:35 PM, Jeremy <[email protected]> wrote:
>>
>> For those of you who actually do some sort of enforcement, what amount of
>> time do you ban them for?  I figure even at 90 days they will get a new
>> provider.  So I was just going to go with one year.  Is that excessive?
>>
>>
>>
>> On Tue, Feb 2, 2016 at 1:32 PM, Justin Wilson <[email protected]> wrote:
>>
>> You designate an “agent” within your company.  I typical register the
>> CEO, operations, or someone like that that as the agent.  You would have no
>> issue registering yourself as the agent.  I would recommend you create a
>> copyright@ e-mail address and use that as the designated e-mail
>> contact.  That way you know a request to copyright@ is most likely
>> someone following protocol.
>>
>>
>>
>> It’s like CALEA.  Their just needs to be the proper person on file to
>> contact, and server due process should it come to that.
>>
>>
>>
>> Justin Wilson
>>
>> [email protected]
>>
>>
>>
>> ---
>> http://www.mtin.net Owner/CEO
>>
>> xISP Solutions- Consulting – Data Centers - Bandwidth
>>
>> http://www.midwest-ix.com  COO/Chairman
>>
>>
>>
>> On Feb 2, 2016, at 3:27 PM, Jeremy <[email protected]> wrote:
>>
>>
>>
>> I really have no idea about that.  So I need to hire an agent, and then
>> ignore all but the requests that come to me from that agent?
>>
>>
>>
>> On Tue, Feb 2, 2016 at 11:59 AM, Justin Wilson <[email protected]> wrote:
>>
>> The biggest thing I use in a determination is did they send it to the
>> Registered Copyright Agent on file? You do have one correct? :-)
>>
>> http://copyright.gov/onlinesp/
>>
>>
>>
>> If you have one, and it’s not sent to that agent, it’s not a real request
>> IMHO.
>>
>>
>>
>>
>>
>> Justin Wilson
>>
>> [email protected]
>>
>>
>>
>> ---
>> http://www.mtin.net Owner/CEO
>>
>> xISP Solutions- Consulting – Data Centers - Bandwidth
>>
>> http://www.midwest-ix.com  COO/Chairman
>>
>>
>>
>> On Feb 2, 2016, at 1:34 PM, Josh Reynolds <[email protected]> wrote:
>>
>>
>>
>> It can't charge the copyright holder, but could it charge to company
>> sending out the notices if they aren't the CRH? :)
>>
>> On Tue, Feb 2, 2016 at 12:17 PM, Keefe John <[email protected]>
>> wrote:
>>
>> This has been discussed before, the DMCA safe harbor doesn't allow the
>> provider to charge the copyright holder for this.
>>
>> On 2/2/2016 12:03 PM, Josh Reynolds wrote:
>>
>>
>> That's going to end up in a big mess of a lawsuit eventually.
>>
>> On Tue, Feb 2, 2016 at 12:03 PM, Sterling Jacobson <[email protected]>
>> wrote:
>>
>>
>> Haha!
>>
>>
>>
>> If it’s against your AUP, make sure you have a clause in there that says
>> you
>> charge per incident.
>>
>>
>>
>> Then go ahead and charge the customer.
>>
>>
>>
>> Sounds like if you are just going to kick them off eventually, might as
>> well
>> try to keep them, but make it costly.
>>
>>
>>
>> If they don’t pay it, then they are off.
>>
>>
>>
>> Nothing legally wrong with it if its in your policy I think.
>>
>>
>>
>> From: Af [mailto:[email protected] <[email protected]>] On Behalf
>> Of That One Guy /sarcasm
>> Sent: Tuesday, February 2, 2016 10:57 AM
>> To: [email protected]
>> Subject: Re: [AFMUG] DMCA Time Management Fee
>>
>>
>>
>> Oh wow, youre seriously looking for a fight with customers
>>
>>
>>
>> On Tue, Feb 2, 2016 at 11:31 AM, Jeremy <[email protected]> wrote:
>>
>> What do you thing about charging a fee every time that a customer gets a
>> DMCA takedown notice.  These notices take time to track down and follow
>> up
>> on.  If we charged $20 every time it would make it not really worth it to
>> pirate that $10 movie.  I would think that it should be legal, so long as
>> we
>> add it to our customer agreement.  Anyone ever thought about this?  Right
>> now we pass on 5 of them and then make them find a new provider.  It
>> seems
>> like they would be less likely to hit 5 if they had to pay $20 for each
>> one.
>> We really don't want these guys on our network anyway, so no sweat if
>> they
>> just cancel.  Is anyone out there charging customers a fee for these?  I
>> know most of you just ignore them, but we like passing them on, as it
>> lowers
>> our overall usage.
>>
>>
>>
>>
>>
>> --
>>
>> 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.
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
>>  This
>> email has been sent from a virus-free computer protected by Avast.
>> www.avast.com
>> <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
>>
>
>
>
>

Reply via email to