mailing list archives
Re: Copyright infringement notice
From: "Anne P. Mitchell, Esq." <amitchell () isipp com>
Date: Thu, 23 Aug 2012 11:16:13 -0600
The 6 strikes system doesn't kick in til Jan 2013 AFAIK.
My understanding was that it started kicking in last month, but in any event, for whomever sent the original poster the
complaint, it's clearly in effect now.
Does the legal letter make any kind of demand? Usually the sender (aka copyright troll - a technical term) will be
looking for personal info to associate with the IP in order to institute a shakedown of some nature. IANAL but I
believe one can wait for a subpoena, and even then it's not open and closed.
Actually under the "copyright alert" scheme, the ISPs specifically are *not* to give up personal information, they are
simply to take the IP address being reported as downloading copyrighted material, and determine *internally* who the
user is, and then send the user the copyright alert, *without* sharing with the accuser who the user is.
And yes, in order to share user information forward-facing, one not only can - but one *should* - insist on a subpoena,
as that will protect you from breach and invasion of privacy allegations by your own users (assuming your TOS, as it
should, says something like "we will not share your private information *unless* required to by law" (and, IAAL :-) ).
Anne P. Mitchell, Esq
Institute for Social Internet Public Policy
Member, Cal. Bar Cyberspace Law Committee
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