Well, let's not get carried away. :-) $1 million would certainly exceed the "reasonable costs" that you incur (and can charge) for compliance with the civil subpoena. Your ability to recover your reasonable cost for a civil subpoena does not come from the DMCA, btw. That is part of the federal rules that apply generally for all non party civil subpoenas.
Going overboard with fee requests for a DMCA notice could give the copyright holder an argument that you are not making a good-faith effort to comply with the safe harbor provisions, too. Tread carefully, and get some legal advice before considering massive cost requests. ------ Original message ------ From: Josh Reynolds Date: 6/3/2013 5:28 PM To: [email protected]; Subject:Re: [WISPA] Blocking Torrents (RE: Justin Wilson) So what if your resolution has been to direct them to your DCMA complaints webpage (with clearly defined process), and the requestee has never provided the information required to "retrieve the information"? There is nothing in the law that says you can't charge 1 million USD per complain request notification, AND it would stop these trolls who are suing grandmothers for millions when their computers are infected with a botnet. The thing about 99.9% of these requests, is that they are literally as bad or worse than patent trolling. They send out thousands of these requests every day just to see "who bites", with the objective being for them to collect money either in or out of court. They know that when grandma on her fixed income tries to fight back, that they will bury her in debt in court even if she wins. The entire process is automated in most cases, which is how they often end up sending DCMA complaints to themselves (google it). I'm all for protecting your IP, but this stuff has Got To Stop. (Sorry for slightly O/T, but this is relevant to the discussion from the ISP prospective.) -- Josh Reynolds WISP Engineering Liaison Performant Networks phone (305) 968-6351 email [email protected]<mailto:[email protected]> [http://www.performantnetworks.com/images/Performant-Networks.png] Douglas A. Hass Associate 312.786.6502 [email protected] Franczek Radelet P.C. 300 South Wacker Drive Suite 3400Chicago,IL 60606 312.986.0300 - Main 312.986.9192 - Fax http://franczek.com<http://> Franczek Radelet is committed to sustainability - please consider the environment before printing this email. ________________________________ Circular 230 Disclosure: Under requirements imposed by the Internal Revenue Service, we inform you that, unless specifically stated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter herein. ________________________________ For more information about Franczek Radelet P.C., please visit franczek.com. The information contained in this e-mail message or any attachment may be confidential and/or privileged, and is intended only for the use of the named recipient. If you are not the named recipient of this message, you are hereby notified that any dissemination, distribution, or copying of this message or any attachment thereto, is strictly prohibited. If you have received this message in error, please contact the sender and delete all copies. ________________________________ _______________________________________________ Wireless mailing list [email protected] http://lists.wispa.org/mailman/listinfo/wireless
