Rightscorp Pushing ISPs To Disconnect Repeat Infringers
Torrentfreak acquired slides from the Anti-Piracy and Content Protection Summit indicating that Rightscorp wants ISPs to disconnect repeat copyright infringers, and that 140 small ISPs are already doing so. From the article: Christopher Sabec, CEO of Rightscorp, says that they have been in talks with various Internet providers urging them to step up their game. Thus far a total of 140 ISPs are indeed following this disconnection principle. ... By introducing disconnections Rightcorp hopes to claim more settlements to increase the company’s revenue stream. They offer participating ISPs a tool to keep track of the number of warnings each customer receives, and the providers are encouraged to reconnect the subscribers if the outstanding bills have been paid. ... Cutting off repeat infringers is also in the best interests of ISPs according to Rightscorp, who note that it is a requirement for all providers if they are to maintain their DMCA safe harbor.
The presentation slides seem to indicate that Rightscorp is planning to go after the safe harbor protections that ISPs are given under the DMCA in order to force the issue.
How can a company be a threat to an ISP's DMCA safe harbor status without actual court decisions to back up their copyright infringement claims?
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Learn english.
The real question cleverly ignored by these rights-maximalists is
"Is the ISP/provider responsible for the content posted by others."
As we know, absent *ACTUAL INDUCEMENT TO INFRINGE*
the answer is no. There is no secondary liability to ISPs nor
reponsibility as per the CDA sec 230.
Now if the ISPs *ACTUALLY INDUCE* (see Napster and possibly Mega,
or so USDOJ says), then there is a POSSIBLE liability.
THAT's the only thing providers need to fear, but instead they knee-jerk
take down material.
Note that the DMCA notice is not "DMCA Takedown notice" but rather
"Notice of ***CLAIMED INFRINGEMENT***" (emphasis mine).
A "safe harbor" doesn't mean that a LACK OF A SAFE HARBOR means
instant guilt/civil liability. That is a fact lost on most knee-jerk ISPs.
ISPs should pull up their big-boy shorts and quit taking it in the pants
from every email-script that tells them to take down content because DMCA.
E
my script verifies that this is true under oath and here's my script-copied
pgp signature because dmca.
And more tools will arise that will drive people so far underground they will never figure out who is doing what. And the more publicity they get, the more 'regular' people will learn there is free stuff out there.
Lets call it the 'Napster effect'.. (tm)
---- Booth was a patriot ----