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Forums » Cox Employs 'Three Strikes' DMCA Policy » Scammers
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russotto

join:2000-10-05
Collegeville, PA
Scammers

There's no such thing as a valid DMCA takedown for torrenting. DMCA warnings apply only to ISP-hosted content.


ninjatutle
Premium

join:2006-01-02
San Ramon, CA
Scammers are no better than thieves...


funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
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reply to russotto
said by russotto See Profile :

There's no such thing as a valid DMCA takedown for torrenting. DMCA warnings apply only to ISP-hosted content.
When you're uploading content from your P2P mode, it's ISP-hosted content, isn't it?
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon
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russotto

join:2000-10-05
Collegeville, PA

When you're uploading content from your P2P mode, it's ISP-hosted content, isn't it?
No. If it's coming from your machine and simply transiting the ISPs network, the ISP is not hosting it. The DMCA provides protection for 4 types of services

a) Transitory Digital Network Communications
b) System Caching
c) Information Residing on Systems or Networks At Direction of Users
d) Information Location Tools

With a torrent, the data exists on the users system. So the ISP is acting as described under DMCA 512(a). There's no DMCA notification/takedown procedure under 512(a).

The joker is that according to 512(i), to get this protection, the ISPs must have a policy for terminating "repeat infringers". Note that's "repeat infringers", not repeated instances of a person being accused of infringement.


leevis
Growing Older But Not Up
Premium,ExMod 2001-04
join:2000-10-28
Pascagoula, MS
clubs:

reply to funchords
said by funchords See Profile :

When you're uploading content from your P2P mode, it's ISP-hosted content, isn't it?
No, it's not. There's an old analogy that works pretty well here:

It's like trying to make the argument that, if you use the telephone to help plan or carry out a crime, the telephone company should be charged as an accomplice. The reality is that, as long as the phone company was ignorant of your use at the time, they are not considered complicit in the crime.

Leevis
--
"I've got a Caribbean soul I can barely control..." -JB


Curious Stranger

@comcast.net

reply to russotto
said by russotto See Profile :

With a torrent, the data exists on the users system. So the ISP is acting as described under DMCA 512(a). There's no DMCA notification/takedown procedure under 512(a).
(c) Information Residing on Systems or Networks At Direction of Users.—
(1) In general.— A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—
(A)
(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
Emphasis mine. That would seem to indicate that the service provider has to block access to the content hosted on their network.

Vtr_Racing

join:2006-09-04
Pflugerville, TX
reply to funchords
P2P is not ISP hosted.


funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
reply to funchords
Thanks! I didn't realize the distinction.


Curious Stranger

@comcast.net

reply to Vtr_Racing
said by Vtr_Racing See Profile :

P2P is not ISP hosted.
It doesn't have to be hosted. The language says hosted on a system OR A NETWORK operated by the service provider. If you are connected to their network and serving up files, they need to disconnect you to meet their safe harbor requirements.

Signed,
Someone who has actually done this job before.

russotto

join:2000-10-05
Collegeville, PA

said by Curious Stranger :

If you are connected to their network and serving up files, they need to disconnect you to meet their safe harbor requirements.

Verizon v. RIAA explicitly says otherwise

Signed,
Someone who has read the law and the relevant court case.


funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
Don't be too hard on Curious Stranger, that fact surprised me too.
-
Forums » Cox Employs 'Three Strikes' DMCA Policy« Contract Law  


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