dslreports logo
 
    All Forums Hot Topics Gallery
spc
Search similar:


uniqs
5102
MarcNJ
join:2007-09-26
East Hanover, NJ

MarcNJ

Member

Six Strikes Copyright Alert System

It's my understanding, based on reading this site (»optimum.custhelp.com/app ··· 20system) that the mitigation phase of the Six Strikes policy Optimum/Cablevision is implementing will involve disconnecting your Internet access for up to 24 hours. However, my problem with this is I fail to see where they get the authority to actually do that - if I'm a paying customer, what gives Cablevision/Optimum the legal right to turn off my service on purpose for a period of time? I looked through the Terms and Conditions on their website and can't find anything that seems to specifically give them this right - can anyone point me in the right direction? Obviously, if I signed a contract with them that gave them this right, or gave them the right to in the future make changes such as this, I'm out of luck. But I don't see that anywhere as far as I can tell...but maybe I'm just missing it...

Thanks!
TheWiseGuy
Dog And Butterfly
MVM
join:2002-07-04
East Stroudsburg, PA

TheWiseGuy

MVM

Just because it is in the Terms of Service does not mean they can legally suspend your service and you could of course ask for arbitration but you can also immediately call the number in the notice

»optimumdev.custhelp.com/ ··· 2/kw/cci

Your Internet access will be temporarily suspended for 24 hours unless you call in to the Cablevision number provided on the notice.

»www.optimum.net/Privacy/AUP
said by Acceptable Use Policy :

Cablevision reserves the right in its sole discretion to suspend, deny, restrict or terminate use of the Service if such use violates the AUP, is objectionable or unlawful, interferes with the functioning of Cablevision's system or network or the Internet or use of thereof by others.

Illegal Use
The Service may be used only for lawful purposes. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Your use of the Service is also subject to Cablevision's Copyright Infringement Policy. Furthermore, use of the Service to impersonate a person or entity is not permitted.


MxxCon
join:1999-11-19
Brooklyn, NY

MxxCon

Member

That "Illegal Use" section turned "Innocent until proven guilty" into "Guilty because they said so".
TheWiseGuy
Dog And Butterfly
MVM
join:2002-07-04
East Stroudsburg, PA

TheWiseGuy

MVM

I guess I will play Devils Advocate!!

How is this any different then someone being arrested and held in jail for arraignment, and in some cases until trial, on any legal accusation. Someone is accused based on evidence. Whether that evidence is acceptable and whether the evidence is enough to have a trial is decided in the arraignment. Whether it proves guilt will be decided if there is a trial. They will still have been arrested and held in jail for arraignment without being proven guilty.

You are accused of Copyright violation based on an accusation. You can ask for arbitration ie get your trial to see whether the evidence is accurate. You can waive arbitration just as you can waive your right to trial.

Please explain the difference. I suspect any answer will be a slogan instead of a real analysis of the difference or it will be an indictment of the evidence used, but that is what arbitration/arraignment are used for, to examine the evidence.

Also you may not agree with the idea that a company can hold the contract holder responsible for the use of the connection but guess what they can. They are providing a service and have the right to hold the user they have a contract with responsible for use of the service, even if the law does not hold that user responsible.

MxxCon
join:1999-11-19
Brooklyn, NY
ARRIS TM822
Actiontec MI424WR Rev. I

MxxCon

Member

No company can decide what is "LEGAL" or "ILLEGAL". Only courts can be a judge of that.
Corporate sponsored arbitration is NOT the law of this land.
Citizens of this country, through elected officials created laws that represents their wishes of how this country should be governed.
Citizens of this country had absolutely no say whatsoever in this way this kangaroo AAA courts are run and have no way to change any of its rules.
What kind of legit justice system rules 95% in favor of their corporate masters? »consumerist.com/2007/09/ ··· he-time/

With proper legal proceeding there are rules to ensure legitimate appear process. With this kangaroo court there is no appear process. Their decision is final.

You must be delusional to equate a proper legal proceedings with this bullshit that corporations setup to avoid being held accountable.
TheWiseGuy
Dog And Butterfly
MVM
join:2002-07-04
East Stroudsburg, PA

TheWiseGuy

MVM

You miss the point entirely. The company has at least six accusations that you are doing something illegal with their service. They are not finding you guilty or not guilty. They inform you of the accusations and make sure that the contract holder acknowledges the accusations of illegal behavior. They do not hand out any punishment, except for maybe a one day suspension and if the contract holder calls in the service is likely not suspended even for that day.

I suspect the major purpose is to make sure the contract holder not some kid is informed of the use of the connection. I suspect longer term the content companies will go after offenders who have had 6 strikes and those users will get their day in court.

No, I am not a big believer in arbitration.
dm145
join:2009-12-12
Clifton, NJ

dm145 to MarcNJ

Member

to MarcNJ
This is better then getting sued by the copyright trolls

MxxCon
join:1999-11-19
Brooklyn, NY
ARRIS TM822
Actiontec MI424WR Rev. I

1 edit

MxxCon

Member

said by dm145:

This is better then getting sued by the copyright trolls

This will not save you from getting sued.
Chances are this will be an awesome way for them to gather evidence against you to later start suing.
MxxCon

MxxCon to TheWiseGuy

Member

to TheWiseGuy
said by TheWiseGuy:

You miss the point entirely. The company has at least six accusations that you are doing something illegal with their service. They are not finding you guilty or not guilty. They inform you of the accusations and make sure that the contract holder acknowledges the accusations of illegal behavior.

why do they need to inform me of anything AFTER the kangaroo court decided against me?
said by TheWiseGuy:

They do not hand out any punishment, except for maybe a one day suspension and if the contract holder calls in the service is likely not suspended even for that day.

Why do you have to call anywhere at all. You have not done anything illegal. There are only supposed allegations against you. And even then who the fuck knows how accurate their system is when there's no 3rd party review of it. »www.copyrightinformation ··· ologies/
TheWiseGuy
Dog And Butterfly
MVM
join:2002-07-04
East Stroudsburg, PA

TheWiseGuy

MVM

As I expected from the start you have started arguing whether the evidence is reliable and spouting the copyright violators mantra I have not done anything illegal. But it is not whether you have done anything illegal that is in question, you have been accused of doing something illegal.

Any time there are accusations of illegal activity either by its employees or by its customers using its service, a smart company takes steps to reduce its exposure to problems from that person's activities. Just because they takes steps to reduce their exposure does not mean that a person is being treated as Guilty until proven Innocent just as when a person is arrested and held for arraignment they are not being treated as guilty until proven innocent. Your argument that this was treating someone as guilty until proven innocent just does not hold up. Your use of Kangaroo court and why should I have to call are lovely propaganda and slogans and as I expected, not a real discussion of the situation.

Accusations have been made and yes you should be informed of them and yes a company who has a contract to provide you with service that you may be using for illegal activity has the right to make sure you understand that accusations have been made. That is not treating you as guilty until proven innocent just as being arrested held in jail and arraigned is not treating you as guilty until proven innocent. It is simply the process of dealing with accusations of illegal activity.

captnhook
join:2001-02-20
NY

captnhook

Member

You were indeed correct when you said you'd play the "Devils Advocate"

MxxCon
join:1999-11-19
Brooklyn, NY

MxxCon to TheWiseGuy

Member

to TheWiseGuy
And once again, why does CV have to do anything to me AFTER it was decided against me? Note i'm not using 'illegal activity' because IT IS NOT. You are equating this kangaroo process with a legit legal system. They are not equal.