Ya we don't give any customer information to anyone. We just pass along
the takedown notice to the customer and tell them to stop. We were just
wondering if anyone had any kind of official template or if they even
passed along any notice to the customer at all stating they have been
downloading copyrighted material. 

 

Does your customers even know they have been doing anything wrong before
a subpoena is made? We've never received any of these until we switched
providers. 

 

From: [email protected] [mailto:[email protected]] On
Behalf Of Justin Wilson
Sent: Monday, September 26, 2011 2:17 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA Takedown

 

            My .02

 

            It's not illegal until a court, or law enforcement agency
presents paperwork it is.  It is not up to the ISP to be the Police.  To
me that's a loosing scenario to determine what is lawful and what is
not.  Let the experts determine that.

 

            My response to these is something along these lines:

 

            "Thank you for contacting us. We would be glad to cooperate
with any official legal request. Please have your attorneys forward all
appropriate paperwork to <Insert Law Firm contact info here>.  

 

            If you want to take the extra step throw in there you charge
an administrative fee for providing any information on this customer.
After legal paperwork has been cleared by your attorney of course.
After all, you are helping these people (most of these are from law
firms seeking a bounty) make money themselves.

 

            The only way I would turn over any sort of customer info is
due to a subpoena or other such legal document.  Lessens your exposure
for lawsuits from the customers based upon privacy concerns.

 

            Justin

 

--

Justin Wilson <[email protected]> 
Aol & Yahoo IM: j2sw
http://www.mtin.net/blog - xISP News
http://www.twitter.com/j2sw - Follow me on Twitter

 

From: Andy Trimmell <[email protected]>
Reply-To: WISPA General List <[email protected]>
Date: Mon, 26 Sep 2011 13:16:47 -0400
To: WISPA General List <[email protected]>
Subject: [WISPA] DMCA Takedown

 

        How do you all respond to these takedowns? Do we need to respond
back to our provider with anything? We've just been passing the
information onto the customer in jeopardy. Are we doing all of our part?
Most of the time its kids downloading games. So we send the parents an
email and phone call talking about the takedown request. Is that enough
or should we be responding to the provider that we contacted the pesky
kids that foiled everything?

         

        Thanks

         

        Andy Trimmell

        Network Administrator

        [email protected]

        317.831.3000 ext 211

         

        
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