said by funchords:In fact, the ISP cannot validate the DMCA complaint WRT BitTorrent -- you're right in that respect. There is no way that it can. It must trust the accuracy of the complaint (which is usually received some time later, to boot). But does 3 distinct complaints, none of which the user refuted, make enough basis to say, "enough!?"
Here is the issue, why does the ISP need to say 'enough'? If they comply under DMCA, then it is an issue between the user, and the complaintant, not the ISP and the user. Forwarding DMCA requests are trivial.
Now, here is my issue:
Let's say I publish something from my computer. Someone who dislikes what I have stated can make a complaint against me using DMCA as an attempt to silence my opinion.
Now, I have the option to refute the DMCA complaint. Except that the burdon is now on me to prove not only that the complaint is false, but that my response is truthful under threat of perjury (This liability does not hold to the complaintant, a VERY important fact).
I would NEVER file a rebuttal to a DMCA request without first consulting an attorney. Even if I was 100% certain that I had commited no copyright violations, I would never put pen to paper under penalty of perjury in something as complex as copyright law.
So, if I do not want to pay an attorney, my options are to let COX remove my website, or take it down myself. Either way, that complaint against me stands.
It would be trivial for 2 other complaints to be filed by a malicious person, and it would be anything but trivial for me to contest those complaints.
Thus, my opinion could be silenced easily and I would have no recourse but through expensive legal options.
The alternative, which is what COX should be doing, is once the complaint has been filed, they pass it along, and that is it. Then if the complaintant wishes to continue the legal fight, it is THEIR burdon to prove that I have commited infringement and not MY burdon to prove that their claim is false.