I understand that in order for an ISP to limit its liability regarding the copyright infringements of its customers, it must comply with the Digital Millennium Copyright Act, in particular its “notice and take down” and “"counter notice and put back” procedures.
I believe these procedures are compliant: === a. Analyze the notification to make sure it contains content that complies with these provisions: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. b. If the notification substantially complies with clauses (ii), (iii), and (iv) but not other clauses, reply to the notification requesting clarification. c. Once the notification substantially complies with all clauses, disable access to the infringing content (for example, by shutting down bittorrent on the customer’s connection) and contact the customer to inform them of the notification and that access to the content has been disabled. d. Inform the notifier that appropriate action has been taken and request to be informed if the infringement recurs. e. If the customer confirms that they have removed the infringing material from their system, and if requested, reenable bittorrent on their connection. === Thanks, Adam From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf Of Josh Luthman Sent: Friday, August 15, 2014 8:34 AM To: WISPA General List Subject: Re: [WISPA] Download of Copyrighted Material - What do you do? That it is. Thankfully Netherlands bandwidth is cheap. Josh Luthman Office: 937-552-2340 Direct: 937-552-2343 1100 Wayne St Suite 1337 Troy, OH 45373 On Aug 15, 2014 1:55 AM, "Josh Reynolds" <j...@spitwspots.com <mailto:j...@spitwspots.com> > wrote: VPNs are pretty effective at it. .... just sayin'. Josh Reynolds, Chief Information Officer SPITwSPOTS, www.spitwspots.com <http://www.spitwspots.com> On 08/14/2014 08:44 PM, Josh Luthman wrote: Are you seriously education your customers to pirate? By the way, that doesn't really do anything in terms of hiding your identity. Josh Luthman Office: 937-552-2340 <tel:937-552-2340> Direct: 937-552-2343 <tel:937-552-2343> 1100 Wayne St Suite 1337 Troy, OH 45373 On Fri, Aug 15, 2014 at 12:40 AM, Justin Wilson <li...@mtin.net <mailto:li...@mtin.net> > wrote: I just forward it on with a note that if they don’t know this is going on they should investigate it. If they do I would recommend they use an encrypted P2P client or turn on encryption. Justin -- Justin Wilson <j...@mtin.net <http://j...@mtin.net> > <http://www.mtin.net/blog> http://www.mtin.net Managed Services – xISP Solutions – Data Centers http://www.thebrotherswisp.com Podcast about xISP topics From: Adair Winter <ada...@amarillowireless.net <mailto:ada...@amarillowireless.net> > Reply-To: WISPA General List <wireless@wispa.org <mailto:wireless@wispa.org> > Date: Thursday, August 14, 2014 at 4:57 PM To: WISPA General List <wireless@wispa.org <mailto:wireless@wispa.org> > Subject: Re: [WISPA] Download of Copyrighted Material - What do you do? We forward the notice to offending customer and let them know that uploading and downloading of copyright content is not allowed. Recently we've been getting more notices and several from the same people. So I've started suspending the account until they call and acknowledge the notice we've sent them. I'm really not trying to be the bittorrent police. However, when someone downloads 56Gb in three days of torrents and doesn't respond to the emails. We feel that is a gross waste of network resources and want them to understand what they are doing. Adair On Thu, Aug 14, 2014 at 9:48 AM, Russ Van Vlack <rvanvl...@freedomnet.com <mailto:rvanvl...@freedomnet.com> > wrote: WISPA Colleagues, We are fighting the neverending battle of dealing with the IP-Echelon notices of copyright infringement and need a more firm policy in place. Our acceptable use policy and account terms and conditions clearly state that these actions are illegal and/or against company policy, however we do not have a firm course of action in place in dealing with customers in violation. Would anyone be willing to share what their company policy is in regards to these notices? Especially, if you do anything further than passing the notice on to the customer? Thanks. --Russell Van Vlack _______________________________________________ Wireless mailing list Wireless@wispa.org <mailto:Wireless@wispa.org> http://lists.wispa.org/mailman/listinfo/wireless -- Adair Winter VP of Network Operations / Owner Amarillo Wireless | 806.316.5071 <tel:806.316.5071> C: 806.231.7180 <tel:806.231.7180> <http://www.amarillowireless.net> http://www.amarillowireless.net _______________________________________________ Wireless mailing list Wireless@wispa.org <mailto:Wireless@wispa.org> http://lists.wispa.org/mailman/listinfo/wireless _______________________________________________ Wireless mailing list Wireless@wispa.org <mailto:Wireless@wispa.org> http://lists.wispa.org/mailman/listinfo/wireless _______________________________________________ Wireless mailing list Wireless@wispa.org <mailto:Wireless@wispa.org> http://lists.wispa.org/mailman/listinfo/wireless _______________________________________________ Wireless mailing list Wireless@wispa.org <mailto:Wireless@wispa.org> http://lists.wispa.org/mailman/listinfo/wireless
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