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iwioow

@sbcglobal.net

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

Account was shutdown for DMCA violations, and we are being charged for cancelling early. Is there a way to avoid this fee?


elios

join:2005-11-15
Springfield, MO
file a counter notice the to the DMCA take down
its BS that Mediacom works like this as the DMCA could be totaly fake and you would still get fucked

CappinHoff

join:2007-01-05
Des Moines, IA
Reviews:
·Mediacom
said by elios:

file a counter notice the to the DMCA take down
its BS that Mediacom works like this as the DMCA could be totaly fake and you would still get fucked

They have your IP so it can't be too fake. Though you could always argue that you have an open wireless connection. As for the fee, how do you know you got charged for the ETF?


elios

join:2005-11-15
Springfield, MO
just because they have your IP doesnt mean the DMCA cant be bogus it DOES and has happened

and frankly its not the ISPs issue any more once they pass it on
i dont get why they even care at that point
do they WANT to lose customers?

but getting even one strike for a bogus DMCA take down is lame since you dont get to fight it till AFTER its been issued
and a DMCA take isnt legal action ethere its purely a request to remove the ip from what ever it was on

CappinHoff

join:2007-01-05
Des Moines, IA
Reviews:
·Mediacom
said by elios:

just because they have your IP doesnt mean the DMCA cant be bogus it DOES and has happened

The only other way it can be bogus is if your IP was just recently released and someone else got it before the whois info refreshed. Other than that not really. Especially when they send MC the IP and they look it up. They don't magically pull out an IP and say "hey let's try this one".


elios

join:2005-11-15
Springfield, MO

1 edit
not really i could if i wanted to find your ip and have fake take downs sent its really not hard

and im not even talking about getting the wrong ip im talking about take downs that are 100% invalid
Mediacom doesnt bother to see if its legit or not
there have been people sent take downs for mp3s just because some one had the same name as an artist/band

again a DMCA notice means nothing
its just a "stop hosting this ip or we will sue you"
and again the only thing the ISP MUST to is pass it on they dont even have to give up the customers name

OH and forget to for a DMCA to be valid it has to be sent by the rights holder
lots of them are sent by lawfirms working on there own that hold no rights over the ip listed in the take down


iwioow

@mchsi.com
reply to CappinHoff
said by CappinHoff:

They have your IP so it can't be too fake. Though you could always argue that you have an open wireless connection. As for the fee, how do you know you got charged for the ETF?

They billed us for the ETF, and confirmed that they were still charging us for early termination when we returned the modem.
I'm not sure if I can challenge the DMCA, it happened a few months back and I don't think I have the letter anymore.

CR_Client

join:2005-02-04
Cedar Rapids, IA
reply to CappinHoff
said by CappinHoff:

The only other way it can be bogus is if your IP was just recently released and someone else got it before the whois info refreshed. Other than that not really. Especially when they send MC the IP and they look it up. They don't magically pull out an IP and say "hey let's try this one".

I wouldn't waste too much time with this line of logic. IIRC, elios is the same person who was all bent out of shape last year over being banned by the "3 strike" policy, after openly admitting that he/she had actually committed two of the three violations on his/her account, and "a friend" committed the other one.
--
"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

DoctorX

join:2010-08-01
reply to CappinHoff
said by CappinHoff:

said by elios:

just because they have your IP doesnt mean the DMCA cant be bogus it DOES and has happened

The only other way it can be bogus is if your IP was just recently released and someone else got it before the whois info refreshed. Other than that not really. Especially when they send MC the IP and they look it up. They don't magically pull out an IP and say "hey let's try this one".

That is BS.... anyone can easily spoof an ip address. That is why all of us in the IT field facepalm when they say an ip address is tied to an account. The software to do this stuff is easily avail. The one strike is a bad thing. Case in point... revision3.com was taken offline by a bogus DMCA because the mpaa didnt like them bittorrenting THEIR videos... not movies, but their episodes. DMCA must die.

redking

join:2011-09-28
Clearlake, CA

1 edit
»mediacomcable.com/CustomerSuppor···seen#new

Fight it, brother.

The DMCA does not require shutdowns for repeat accusers, only repeat infringers.

The DMCA notice just means a company ACCUSED you of downloading copyrighted material. Being an artist if I got your iP and sent it to mediacom along with my copyrights they would send you a DMCA notice. I could do this maliciously as many times as I wanted, it would only be an accusation the only proof of which would be your ip address.

Since ip addresses have been ruled NOT PEOPLE »www.zdnet.com/blog/networking/co···ple/1022

this point is moot anyways, but mediacom and the RIAA and MPAA have a "backdoor" deal going on where they shut down people and profit from it, and the MPAA and RIAA give them a pat on the butt.

The main thing for you is

1. The DMCA does NOT require Mediacom to terminate your account
2. The DMCA does NOT require Mediacom to terminate your contract
3. There is nothing in your contract stipulating your account would be terminated if you were ACCUSED of copyright infringement (there is a "fair use" statement in the TOS)
4. You have not even violated any copyright laws, just been accused of doing so
5. Mediacom has no obligation to forward your information to any third party (besides law enforcement) and doing so would be a huge violation of your privacy, not to mention the fact they are already violating your privacy by accusing you of copyright infringement and violating the DMCA with the only "proof" being an ip address that was forwarded to them by the supposed copyright holder, or even less legitimate: a 3rd party that is paid by the copyright holder to "track down" infringers.

You can always take them to small claims court, it only costs about $40

No lawyers allowed

Usually your problems will be resolved within a few days, and out of court at that.

The "black marks" mediacom puts on your account are "permanent" (also not stipulated in the terms of the DMCA, more pats on the butt for Mediacom) so if you want to open an account again you will have to use a nickname and tell them you don't have a social security number (illegal for them to use anyways)

I would recommend you stay as far away from them as possible, but I know they have a monopoly in many places.

best of luck to you!

Also, DO NOT file a counter claim, this is just a loophole Mediacom uses to get your personal information to the copy right holder so they can SUE you with their big fancy lawyers using none other than an IP address. They will work with mediacom to fabricate further evidence against you and sue you for ridiculous amounts of "financial" damages for your neighbor downloading a 99 cent song that isn't even sold anymore.

»mediacomcable.com/CustomerSuppor···c=3396.0

Read this, there is tons of information there from a guy who had the same problem, he was atleast able to get the cancellation waved, if not get his service full restored.


DataRiker
Premium
join:2002-05-19
00000
reply to iwioow
A court should be deciding your guilt or innocence not an ISP. This is just overzealous BS from a company that likes to fuck over people.

Mediacom is probably the second worst ISP on Earth behind ATT.


battleop

join:2005-09-28
00000
True, but I bet there is more to this than we are being told. I can believe that their service is being terminated over a single complaint.


Oldcableguy

@spcsdns.net
reply to DataRiker
Get a time machine. Go back. tell yourself not to streal that movie. There you go problem solved.

implode

join:2009-09-06
Columbia, MO
reply to iwioow
Reading this whole thread scares the crap out of. I haven't done anything wrong. Yes, I secure my wireless. But what happens when my network gets hacked? or some overzealous copyright holder makes a mistake? Clearly I do everything in my power to keep my network safe, and even that may not be enough.

I really feel for the OP, assuming he is being truthful and MC is playing tough guy.

basenji

join:2006-11-02
Waconia, MN
Truthful? No where does the OP deny downloading anything. It seems to me he is guilty, knows it, and just doesn't want to pay the ETF. Other people started argue about spoofing and what not, when it clearly does not pertain to the OP.


Boss302_1970

join:2009-12-11
reply to iwioow
well If MC cancels their service, in reality i don't think they should be charged an ETF. Id get with mediacomchad and have him look into this for you. hes pretty good to work with and might have a better answer then we do in speculation here.
Expand your moderator at work


Anonymous
Premium
join:2004-06-01
IA
kudos:2

1 recommendation

reply to iwioow

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

Mediacom disconnected your service per their policy. You should not be charged the ETF. Contact your public utility commission/franchise authority. DMCA does not mandate a disconnect of your service. That is just a bullshit policy from Mediacom.
--
I speak for myself, not my employer.


battleop

join:2005-09-28
00000
reply to basenji
If anything the troll is not telling us the whole story.


DataRiker
Premium
join:2002-05-19
00000
reply to basenji
said by basenji:

It seems to me he is guilty, knows it, and just doesn't want to pay the ETF.

The copyright holder is free to seek damages in a court of law. Why in the world should mediacom be involved at all?

I would take the ETF to small claims court. They are very sympathetic to this bullshit.

I took a telco twice and won both times because they didn't even show up.
Expand your moderator at work

ctggzg
Premium
join:2005-02-11
USA
kudos:2
reply to basenji

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

said by basenji:

It seems to me he is guilty, knows it, and just doesn't want to pay the ETF. Other people started argue about spoofing and what not, when it clearly does not pertain to the OP.

That's nothing new. Most of the replies to the "I just got a letter" threads offer ways to hide illegal activity or otherwise avoid admitting mistakes and taking responsibility. They're no better than the bad drivers who "fight" tickets when they know they're guilty.


OldCableGuy

@communications.net
Or the drunks who refuse to blow because "it's my constitutional right" BS. These people are all scumbags, buttorrent and drunk driving both should be punishable by life in prison. And before anyone chimes in about downloading the latest linux distro through bittorrent, NO YOU DON'T.
Expand your moderator at work


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

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

said by OldCableGuy :

Or the drunks who refuse to blow because "it's my constitutional right" BS. These people are all scumbags

To sum up, they should be denied there constitutional due process and labeled as thieves and drunks without a chance to challenge their accusers.

Wow.


Lazy Senior

join:2012-01-10
Cobden, IL
kudos:1
Reviews:
·Mediacom
reply to ctggzg
said by ctggzg:

offer ways to hide illegal activity or otherwise avoid admitting mistakes and taking responsibility.

This seems to be the "American Way" and is learned from public figures like Politicians from both partys..


DataRiker
Premium
join:2002-05-19
00000

1 recommendation

There is a much bigger issue here. Copyright protections were never intended as they are used today, namely because it will never work. And we certainly shouldn't compromise our liberties to do so.

If an artist wants money he can perform, or produce hand crafted custom work for clients. This is what artists did for most of history and what is currently done in areas without overzealous copyrights (ie ASIA).

Nobody will stop making Medicine and research will go on unabated albeit in different ways.

The software/game industry has already figured it out so no point going into that.

People will still write books, poetry.

The sky wont fall. The copyright war is just as pointless as the war on drugs.


OldCableGuy

@communications.net
reply to DataRiker
Driving is not a right, it is a privilege. I am perfectly fine with taking someones ability to drive if they refuse to blow (covering up that they're drunk) or if they blow over the legal limit. No trial needed, just shred that drivers license on the spot. However we are so off topic here it'd be comical if it wasn't so sad.

You can quote the constitution all you want, and I admit I am surprised you have read more than the 2nd amendment, that being said, it doesn't matter as Mediacom is a private company and their choice to not to business with known pirate/theives is their right. Unless you are suggesting that Mediacom, as a private company, should be required to provide internet access to those stealing peoples IP without the ability to cut them off. But since Mediacom is a corporation, they're protected by the same Constitution you are such a so-called expert on.

The constitution would be great, if it wasn't about 200 years out of date.