said by fiberguy:The provider has a right to take actions against those who violate 'the rules'.. and, to this day, distributing copyrighted material is not legal. The TOS clearly states you are not allowed to do it.. if it's against the TOS to do so, they certainly have the right, based on the TOS as it is, to simply pull your access on the first violation if they really wanted to.
What calls into play, more so than your opinion of favoring one side, is if the provider has enough evidence to be sure that you were in violation.
Here comes the flames for this.. I really don't think the xxAA is just sending out letters at random with out first having obtained the material they reported. Since they have the "rights" to the protected work, they also have a right to make the allegations.
This "contract law" is based on actual law.. the TOS agreement is simply stating they are going to enforce laws. What you're talking about is the action they take while enforcing them, to which I agree.
Fair enough, but how many people are going to abuse this like they do with youtube take down notices?
