| DMCA letters are easily forged, and hard to get rid of. I've received one DMCA warning in the past. It was for an .iso of the Wii game "Red Steel." My Wii isn't even modchipped, and at the time I didn't have a DVD burner- and the IP address was for a modem in another city. (I worked for the ISP at the time, so I knew their addressing scheme.) After calling the ISP and explaining all of this, the gentleman at the ISP agreed with my assessment of the address data at least, but he told me that there was nothing that they could do to remove the letter from the file. If I were a Cox customer, this would have been Strike One. Fair?
These letters lack a critical component- accountability. Not only do they assume customers are guilty, but they do not even provide any way to prove a customer's innocence even in cases of clear error. In my case, who cares... but if my continued service was in danger, it would be a very different issue. |
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 Fubar
join:2001-02-20
Phoenix, AZ
kudos:2 | Nope, warning one.... At least according to the link I provided above |
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 CoxTech1VIP
join:2002-04-25
Chesapeake, VA
kudos:65 | reply to plattypus1
This is how you would respond if you feel that the claim of infringement is unjustified in any way. Here is the link and the applicable text regarding your concern:
»www.cox.com/policy/infringe.asp
Counter Notification:
If a notice of copyright infringement has been filed against you, you may file a Counter Notification with a Service Provider's Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, Service Provider shall:
Promptly provide the complaining party with a copy of the Counter Notification;
Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless the Service Provider's Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringing party from engaging in infringing activity relating to the material on Service Provider's system or network.
NOTE: Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. See Title 17, United States Code, Section 512(d).
NOTE: The information on this page is provided to you for informational purposes only, and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney. |
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2 edits | said by CoxTech1:This is how you would respond if you feel that the claim of infringement is unjustified in any way. Thx, but no thx. You people are completely clueless/inept. This is how you subscribers should correctly and legally respond to Cox DMCA Takedown notifications. |
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 funchordsHelloPremium,MVM
join:2001-03-11
Yarmouth Port, MA
kudos:5 | reply to plattypus1
said by plattypus1:I've received one DMCA warning in the past. It was for an .iso of the Wii game "Red Steel." My Wii isn't even modchipped, and at the time I didn't have a DVD burner- and the IP address was for a modem in another city. (I worked for the ISP at the time, so I knew their addressing scheme.) After calling the ISP and explaining all of this, the gentleman at the ISP agreed with my assessment of the address data at least, but he told me that there was nothing that they could do to remove the letter from the file. If I were a Cox customer, this would have been Strike One. Fair? Nope. Not fair.
said by plattypus1:These letters lack a critical component- accountability. Not only do they assume customers are guilty, but they do not even provide any way to prove a customer's innocence even in cases of clear error. In my case, who cares... but if my continued service was in danger, it would be a very different issue. Correct, nor should customers have to prove anything to their ISP. The ISP isn't a court and copyright is strictly in the hands of federal judges who must look at the totality of the case in order to apply this law. It's the way the law was built.
Copyright exists to give us access to works, and for a time, provides certain exclusive rights that allow creators to make a living providing them.
A DMCA notice is nothing but an unsubstantiated claim, and while they should be cooperated with, there is no responsibility to consider them as the correct and final say on the matter.
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Robb Topolski -= funchords.com =- Hillsboro, Oregon
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funchordsHelloPremium,MVM
join:2001-03-11
Yarmouth Port, MA
kudos:5 | reply to CoxTech1
said by CoxTech1:Counter Notification: If a notice of copyright infringement has been filed against you, you may file a Counter Notification with a Service Provider's Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following: A physical or electronic signature of the subscriber. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person. Don't attack Cox for this part, folks. It's in 17 USC 512(g)(3). Cox still has no "responsibility" to disconnect customers, however.
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Robb Topolski -= funchords.com =- Hillsboro, Oregon
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CoxTech1VIP
join:2002-04-25
Chesapeake, VA
kudos:65
1 edit | This is correct, as per 17 USC 512(c)(3) we are obligated to remove access to the material in question. This is as simple as forwarding the complaint to the customer if they have a valid cox.net email address asking them to take care of the situation. It must be a cox.net email address linked to your account since this notification will contain information regarding your account and we have no way to verify if you own the email address otherwise. It is only after repeated incidents or if the customer does not have a cox.net email address that the matter would result in a suspension of service. |
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 kamm
join:2001-02-14
Brooklyn, NY
1 edit | said by CoxTech1:This is correct, as per 17 USC 512(c)(3) we are obligated to remove access to the material in question. This is as simple as forwarding the complaint to the customer if they have a valid cox.net email address asking them to take care of the situation. It must be a cox.net email address linked to your account since this notification will contain information regarding your account and we have no way to verify if you own the email address otherwise. It is only after repeated incidents or if the customer does not have a cox.net email address that the matter would result in a suspension of service. And the latter is what we call a nonsense, yes., pal.
Stop implying or spreading false justification for your obviously zealous RIAA/MPAA-servant overreaction.
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said by bicker:Waaaa waaaa waaaa. You just want what you want and don't care to factor in what is right or true. Your perspectives are un-American, and deserve far more ridicule than I'm prepared to pile on them. |
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Rob_Premium
join:2008-07-16
Mary Esther, FL | The RIAA and MPAA are the thieves.
If you must use this »phoenixlabs.org/pg2/
it's SOME protection against this nonsense.
-Rob
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»www.cband.info our internet radio station. |
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