I was always under the impression that the DMCA requires all notices go to the address registered for the domain with the Copyright Office under 17 USC 512(c)(2).

I would not think that using a SWIP'ed contact address for DMCA purposes would be lawful, unless the URL used only an IP address, and it was within the SWIP'ed block. If a domain name was used, under the law, the notice must go to the domain owner contact registered with the copyright office. Domain owners often have multiple host A and AAAA records within blocks assigned by many upstream providers. The domain owner is solely responsible for takedown of content under the DMCA, if the content is hosted in the USA. The Copyright holders often forget that USA law only applies in the USA, and issue notices anyway.

In fact, under section 512, ISP's who do not operate the server hosting the content and only providing an internet connection to it are specifically immune from suit.

Albert Erdmann
Network Administrator
Paradise On Line Inc.



On Thu, 1 Jun 2017, Richard J Letts wrote:

Specifically: DMCA violation notices go to the SWIPed contacts instead of the 
original holder.

/RjL



From: ARIN-PPML [mailto:[email protected]] On Behalf Of Martin Hannigan
Sent: Wednesday, May 31, 2017 7:58 PM
To: Seth Mattinen <[email protected]>; [email protected]
Subject: Re: [arin-ppml] Draft Policy ARIN-2017-5: Equalization of Assignment 
Registration requirements between IPv4 and IPv6



Someone want to remind us all of what the "benefits" of SWIP are?

Best,

-M<


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