North American Network Operators Group

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Re: DMCA Violation?

  • From: Jack Bates
  • Date: Thu May 08 11:09:00 2003

[email protected] wrote:
All you have to do is make the infringing material not accessible - and
17 USC 512 is *very* non-specific as to *how* you do it.  You can nuke the
file, you can change the permissions, you can make the user remove it - your
call.  You just have to make it inaccessible, and if you have a repeat
violator, you need to have a policy that allows you to terminate them.
They even don't specify a time frame other than "expeditiously", so as
long as you aren't dragging your feet, you're probably OK.

I find the DMCA works well for content stored on webpages. However, I've told all the notice senders the same thing. If they are sending reports of peer to peer, it is beyond my power. I do not have rights to the customers computer, nor do I personally have the ability to verify their claim that the information is actual infringement before cancelling the account.

For some reason, they are too lazy to request a search warrant to obtain the customer's contact information. I'm not Verizon. If the law says you are entitled to information, then you are entitled to information. The fact is, to enforce peer to peer, I'd have to have a search warrant myself to check the person's computer. Of course, I have always been aggrivated with the fact that they send out the peer to peer notices *without* downloading the file first.