BMG = BMG Rights Management?

Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

On Mon, Mar 7, 2016 at 2:00 PM, Chuck Hogg <[email protected]> wrote:

> 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.
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>>
>>
>>
>>
>

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