Mediacom → [MO] Shut down for DMCA, charged early cancellation.

Seriously? If you run Bittorrent you should be thrown in prison for life? What about Bittorrent DNA? Good grief! I should be thrown in prison for downloading stuff from Asus's website? My brother, when he downloaded a SWTOR, was also uploading stuff. This was through their own client. I suppose he should get imprisoned for life for legally purchasing the game and it doing peer-to-peer stuff. So yeah, people may not use it for downloading Linux distros, but there are other legitimate uses for it out there. And remember, if we pay for a license to use software, it makes no difference how we get it. I've lost Windows installation DVDs/CDs before and had gotten the key from the computer I was going to reinstall Windows on. Where should I go? Prison, obviously. Right?

And, it's kind of off topic, but breathalyzers aren't entirely accurate:

1) How you breathe can affect what it says your BAC is. If I remember right, the reasoning was that the alcohol laden portion of your breath is among the last to be exhaled, so if you hyperventilate or don't exhale all the way, you can lower what it says is the BAC.

2) It assumes a standard value for a couple things involved in the math. If your hemocrit happens to be lower you will read artificially high and vice versa. For men it's more or less in the middle. For women it's at the high end. It also assumes that there's a standard for how much alcohol someone would exhale per breathe as opposed to how much is in their blood. This also varies from person to person and can skew it one way or another.

I've known a few people that blew high, got arrested on suspicion of drunk driving, gave a blood test, then were told weeks later that the case was dropped because they were under the limit. The entire time they were out money for attorneys and looking around for the other insurance needed here. But hey, the breathalyzer showed that they were drunk, so shoot their rights to due process out the window. I mean, that's what you're saying, right?

They should spend the rest of their life in prison because of a reading by a device wasn't accurate. No harm done, except owing thousands to the attorneys, having their name besmirched, having their license suspended, and so forth. And those accused would have no way of contesting it without due process. So screw up their lives.I've been driving now for admittedly few years. Its only about 11 years. In my family we have a farm and a cottage. Both of these are about 225-275 miles away from here. I've easily, in the span of a couple days, put on about 1000 miles on a few occasions. So, it's not really out of the question to say that I put on at least ~20k miles a year. Do you know how many accidents I've been involved in? 1. I picked up my car a month earlier and I was leaving school, it snowed, and I was rear-ended. Do you know how many times I've been pulled over? At least 6. Each time I was speeding. Do you know how many accidents I've avoided? Easily one every few months. I've caused no harm to anyone else that was out on the road and I've not caused any monetary damage to anyone. So label me a bad driver, or irresponsible if you want.

Coincidentally, I also happen to race carts and cars and can bore you to death with the dynamics of vehicular motion at speed. I've also taken people that couldn't pass a driving test to save their lives and managed to bring their results down 40 points or so in a couple weeks.

My point to both of you is that generalizations aren't always right. They can be wrong, and when they are, those that are harmed should have a right to remedial actions. If they have no way of knowing if they've been harmed, via due process, they can't possibly correct their harm, can they?

Mediacom is basing a policy on an accusation that has no verification.

What a corrupt, immoral, and just plain bad policy to appease powerful corporate interests at the expense of us plebeians.

Shame on them.

First, you must register an account for the forums. Then, use the Forum's Instant Message (or Private Message) feature to send a message to MediaComChad.

Or, use the MediaCom on MediaCom's website to get in touch with the Social Media team.

You did something that broke the agreement between you and them. Of course you should be charged an early cancellation fee.

And the people who actually know how spoofing works and the limitations of it facepalm when so called IT professionals say stuff like this.

Spoofing an IP in an attack is easy, yes. Spoofing an IP and then somehow having that show up in a torrent list, not so possible.

You cannot setup a 2-way TCP communication without routing to the spoofed IP. Traffic isn't going to route to a spoofed IP source, unless you have hijacked actual ISP and backbone routers. Someone can not choose an IP out of thin air and put it in some "magical" software and make it look like they're downloading from that IP. That's not how spoofing works.

You can start ICMP and UDP attacks with spoofed IP sources because they don't need a connection. They don't send DMCA takedown notices for DDoS attacks from spoofed IP's.

Private companies can choose not to do business with whoever they choose. This has nothing to do with a court or the law.

It has to do with breaking an agreement that the customer had for service.

Many stores do the same thing to shoplifters or bad check writers. Without these people ever being charged or going to court, their pictures are posted in stores just in case they come back in. They are asked to leave.

Any business has the right to do that.

Mediacom has every right to terminate his service.

They shouldn't be able to charge an ETF because he was simply accused of breaking the law. I if he was sued and lost then they could charge him the ETF.

OP should win if he presses the issue.

A better analogy would be a one shopper in the store shouts "thief" towards another shopper and the store kicks him out based on their word alone.

If that person had items in their coat, and it happened three times, then, yes, your analogy would be apt.

The OP has already admitted to being guilty of the DMCA violations, 3 times in 9 months. They're upset that they're getting charged an Early Termination Fee because their account was terminated for violating the TOS.

Without reading completely through the TOS, I can't say for sure if the TOS contains language warning that an ETF can be charged for violating the TOS or not.

The OP said he received 3 DMCA notices. Three unverified accusations.

DMCA notice =! guilty.

My analogy is spot on. I find it amazing people comment on DMCA takedowns when they don't even know what it is. They had a guy who took down hundreds of videos he didn't own just by sending bogus DMCA takedowns on Youtube. Just to make a point.

A few good reads:

»www.google.com/#sclient= ··· &bih=761

You keep using the word guilty like the guy is being charged criminally. Apparently this is miles over your head so I assume we should have this thread locked (as well). Sigh, you kids are adult enough to steal the movies, but not adult enough to fess up and admit what you are doing. Tisk, tisk.

Copy and paste does not equal stealing.

No matter how hard you try to spin it.

If I were to make an exact replica of your car could you call the cops and say I stole yours?

Oh you know he would.

seems some people still dont the difference in theft and infringement
and in this case alleged infringement
lets try some thing

Theft
1
a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property

Infringement
1
a breach or infraction, as of a law, right, or obligation; violation; transgression.

Alleged
3
: accused but not proven or convicted

so back to 5th grade here lets put this together now
Alleged copyright infringement means
An accused but not proven, breach or transgression of copyright.

are we clear now?
a DMCA take down notice is a case of civil Alleged copyright Infringement and is nothing more then a cease and desist order at best
now if the user ignores it (if its not fake/bogus) and contiunes to infringe then its up to the Rights holder to take them to CIVIL court and sue them

LOL!

How dare you "steal" an idea, method, or piece of knowledge!

The entire achievement that is the human experience is based on the flow of knowledge, ideas, and methods.

I submit that expecting an inordinate amount of time and royalty from obtaining a patent/copyright is more of an entitlement that one who wishes to use it openly and freely.

How dare you label people thieves you stupid troll.

i fly model helicopters there are MANY clones of a major brand
they are for what it is copies
its just like making a copy of your car
deal with it
if some one copies some thing you do not lose any thing there for it is not theft

And if those "clones" included patented tech then by importing them you are breaking the law and should be placed in prison. Each year millions of dollars of "merchandise" is seized by customs and destroyed for patent infringement.

Maybe you disagree with that, but tough luck kid once you are in the real world you'll see why the rule of law is so important.

well 1000's of them are sold world wide every day
Align isnt hurt by the sale at all the real money in the hobby is parts
and guess who all the people that buy clone kits get parts from
they get real Align parts

Align figured out they make more money selling parts to people with clones so why stop it

OH and there are even a few US based companies making clones of Align helis again Align doesnt care they make more money this way

and thats what the MPAA needs to learn its not lost sale its an chance to make money

»www.escapistmagazine.com ··· -Problem
you really need to read this Valve learned how to play this game too
and turn Russia in to one of there biggest markets

Just wanted to jump in there and once again support OP

Too many haters

"YOU DESERVE TO BE CHARGED A CANCELLATION FEE"

Really stupid thinking

The simple answer is: "read your Terms of Service", which contains the following (emphasis added):

quote:

---

Mediacom may cease providing the Service to Customer and terminate this Agreement
• Immediately at any time, without prior notice, if Customer or any User fails to comply in full with any term of this Agreement (including Our Acceptable Use Policy)

...

If We exercise that right because of a violation of this Agreement by Customer or any User, then Customer may be subject to disconnect, termination or other fees and charges and We may also exercise other rights and remedies.

---

A person can fight the ETF if they wish, but they agreed to it by signing up for service and agreeing to the TOS/AUP.

Why are you trying to get my thread closed? You're the one babbling on about patents and a whole lot of other irrelevant crap.

______________________________________

To update:
I'm in contact with MediacomChad now and he is looking into all of this for me. Thank you to everyone who gave me advice.

Yes point is charging you an ETF because they decided to disconnect you is wrong.

Only paid shill would argue otherwise.