Our network is NATed and hard to pin down the customer but about a year ago I 
had one customer who was behind the address the was being complained about  
that was uploading 20GB a month and it was all torrent.  That's a bunch at 256K 
up.  So I called and talked to dad.  Explained our AUP on illegal material.  
The next day the dad brought the Kid to my office and had him sweep my service 
area floors while I factory restored of his computer to delete all the illegal 
content. I told the dad that this is not necessary and he informed me that it 
most definitely was.  Since that time they have been great customers and bought 
several computers and I really appreciate the father making the kid follow the 
law.

Steve Barnes
General Manager
PCS-WIN / RC-WiFi<http://www.rcwifi.com/>

From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Andy Trimmell
Sent: Monday, September 26, 2011 3:05 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA Takedown

Ok. We just contacted a customer for the first time. We'll take your advice I 
think and respond to them and save the customer the grief.

From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Justin Wilson
Sent: Monday, September 26, 2011 2:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA Takedown

            If I get repeated requests for the same customer my response to a 
customer is to tell them they may have a virus, spyware, or a teenager.  I spin 
it where the very act of doing this is slowing down the customer's connection.  
If they are a customer who seems reasonable it might be prudent to mention such 
activities could expose them to lawsuits by movie companies.  I don't mention 
illegal as to not freak out most customers.   On the flipside you have the 
customers who share files just to be defiant to the RIAA.  I don't have time to 
debate them.

            I typically do not pass on the request directly to the customer.  
Too many shady firms out there. If the customer contacts them they can be 
bullied into paying money.  I just file these requests away and do respond to 
CYA.

                        Justin

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

From: Andy Trimmell 
<atrimm...@precisionds.com<mailto:atrimm...@precisionds.com>>
Reply-To: WISPA General List <wireless@wispa.org<mailto:wireless@wispa.org>>
Date: Mon, 26 Sep 2011 14:42:05 -0400
To: WISPA General List <wireless@wispa.org<mailto:wireless@wispa.org>>
Subject: Re: [WISPA] DMCA Takedown

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: wireless-boun...@wispa.org<mailto:wireless-boun...@wispa.org> 
[mailto:wireless-boun...@wispa.org] 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 <j...@mtin.net>
Aol & Yahoo IM: j2sw
http://www.mtin.net/blog - xISP News
http://www.twitter.com/j2sw - Follow me on Twitter

From: Andy Trimmell 
<atrimm...@precisionds.com<mailto:atrimm...@precisionds.com>>
Reply-To: WISPA General List <wireless@wispa.org<mailto:wireless@wispa.org>>
Date: Mon, 26 Sep 2011 13:16:47 -0400
To: WISPA General List <wireless@wispa.org<mailto:wireless@wispa.org>>
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
atrimm...@precisionds.com<mailto:atrimm...@precisionds.com>
317.831.3000 ext 211

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