From nanog-bounces+bonomi=mail.r-bonomi.com@nanog.org Wed Aug 22 14:55:41 2012 From: Larry Smith <lesmith@ecsis.net> To: nanog@nanog.org Subject: Re: Copyright infringement notice Date: Wed, 22 Aug 2012 14:55:13 -0500
On Wed August 22 2012 14:07, Robert Bonomi wrote:
I'm NOT SURE whether the ISP has any potential liability in _this_ situation -- there's nothing 'published' by their customer for them to 'take down', etc.
Actually, I believe in most cases the only way "they" (DMCA)
There is no 'they' that is the DMCA -- it is simply a piece of legislation. That said, there is nothing the OP said to indicate that what he received _was_ a DMCA 'takedown notice'. although a follow-up did *assume* that that was what the OP received. IF it _was_ a DMCA takedown notice, regarding 'publication' by the customer, then yes, the ISP has a problem -- *if* they don't act "as the law requires".
see the data is that it _is_ published as a bittorrent file, meaning that others can leach or download from that location as well as the originating (or original) file itself. In almost all cases that I have received these, I can open my torrent, search for that file, and the IP address mentioned shows up as a possible download (almost, not all)...
Not having a copy of the actual notice the OP received, I find it necessary to assume that the desciption the OP provided is accurate. That it _was_ a 'complaint' about a user =downloading= something. *NOT* a DMCA takedown notice. With the follow-up messages indicating there _is_ a potocol in place with a number of major ISPs for escalating notices that 'you got caught downloading', it seems likely that what the OP got is not DMCA 'takedown notice' stuff. If what you got -was- DMCA takedown notice, it's a different kettle of fish.