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pcdec1

@ptd.net
reply to skuv

Re: [MO] Shut down for DMCA, charged early cancellation.

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.



DataRiker
Premium
join:2002-05-19
00000
reply to skuv

said by skuv :

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.

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.

CR_Client

join:2005-02-04
Cedar Rapids, IA

said by DataRiker:

said by skuv :

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.

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.
--
"Great spirits have always found violent opposition from mediocrities. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence." --Albert Einstein


DataRiker
Premium
join:2002-05-19
00000

3 edits

1 recommendation

reply to iwioow

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=psy-ab&h···&bih=761



OldCableGuy

@communications.net

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.



DataRiker
Premium
join:2002-05-19
00000

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?


PCDEC

join:2004-10-12
Allentown, PA

Oh you know he would.



elios

join:2005-11-15
Springfield, MO

1 edit

1 recommendation

reply to DataRiker

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

Expand your moderator at work


DataRiker
Premium
join:2002-05-19
00000

4 edits

Re: [MO] Shut down for DMCA, charged early cancellation.

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.

Expand your moderator at work


elios

join:2005-11-15
Springfield, MO
reply to OldCableGuy

Re: [MO] Shut down for DMCA, charged early cancellation.

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



OldCableGuy

@communications.net

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.



elios

join:2005-11-15
Springfield, MO

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/news/vi···-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

Expand your moderator at work

redking

join:2011-09-28
Clearlake, CA
reply to iwioow

Re: [MO] Shut down for DMCA, charged early cancellation.

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


CR_Client

join:2005-02-04
Cedar Rapids, IA

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.

--
"Great spirits have always found violent opposition from mediocrities. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence."
--Albert Einstein

iwioow

join:2012-02-13
Springfield, MO

1 edit
reply to OldCableGuy

said by OldCableGuy :

Can the mods PLEASE lock this thread?

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.


DataRiker
Premium
join:2002-05-19
00000

1 edit

1 recommendation

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

Only paid shill would argue otherwise.



OldCableGuy

@communications.net

Point is he was stealing content, got busted, and to top it off signed a contract that if he did those things they could bill him the ETF.

I'm not paid, nor am I a shill, I simply like to see people adhere to what they signed in a contract. I suppose because I enjoy seeing people billed ETF fees when they sign cellphone contracts and then decide to switch companies that makes me a paid shill too?



wafen
Mr woogie
Premium,MVM,Ex-Mod 2006-14
join:2001-02-01
Maplewood MN
kudos:1
reply to iwioow

Considering that iwioow is in contact with MediacomChad and the thread is mostly a bunch of name calling, I am closing the thread.