said by a333:
Agreed, Comcast better get rid of the part about the DMCA. Caps are OK, but getting involved in a legal dispute to which you're an outsider? That's pure stupidity. My advice to Comcast:
If you like the shape of your nose, don't stick it into other peoples' legal affairs. Let the gov't enforce the DMCA (its legality remains to be seen- that would open a whole new can of worms). By now, I think we should realize that being a neutral provider offers much more immunity from lawsuits than going to bed with Hollywood execs.
Comcast isn't getting involved in a legal dispute. Can you sue an employer because you were convicted of a crime and weren't hired, but the employer wasn't a party to the trial of your criminal conviction? Same thing here. What about a credit check? Your going to sue a lender because they have "no right" to deny you because you haven't had a loan with them before, but you've defaulted all the other loans you got with other lenders? hah
The concept of assigning "risk" to customers/people has been around for a long time and its sanctioned by law and the courts, Comcast is just applying a "risk score"/"credit score" to customers by their DMCA notice count, and Comcast has the legal right to protect its name from being a pirate heaven (it is a private network and not a common carrier right?).