Cox Responds to DMCA 'Three Strikes' Report > Someone is misleading someone

Someone is misleading someone

While that's well and good, it still doesn't explain why Cox has to mislead consumers. Their warning to customers insists that under the DMCA, "we have the responsibility to temporarily disable your Internet access." Again, the DMCA only requires that ISPs forward DMCA warnings on to customers -- Cox's decision to inundate their support staff with the task of P2P policing is voluntary.

(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.

If the offending material "resides" on a service providers network, they have to remove access to it. If that material is on your PC, access to your PC has to be removed.