Steve do you have an AUP posted already? -Ty
-Ty On Tue, Mar 8, 2016 at 9:21 AM, That One Guy /sarcasm < [email protected]> wrote: > how much of this notice can a guy copy and use before google sends a > takedown notice. > > I really want to get our DMCA policy in place just to not have to worry > about being that little company they decide to make an example out of when > they figure out how to nail people on the firesticks > > On Mon, Mar 7, 2016 at 1:00 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. >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> <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> >>>> >>> >>> >>> >>> >> > > > -- > 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. >
