Re: DMCA takedowns of networks

["William Pitcock" <nenolod () systeminplace net>]

Mayfirst / Peoplelink did not get any notice that service would be turned down prior to it happening.

Hurricane has had a really bad history of handling copyright complaints.  The situation for example resulting in 
mayfirst's circuit being turned down had nothing at all to do with copyright and was instead a trademark violation 
dispute.

IANAL, but trademark issues are not copyright issues nor are they handled via the dmca.  Therefore what hurricane did 
in this instance is really unacceptable.  It should be emphasized that the dmca does not require turning down service - 
only sending the takedown notice along to an appropriate contact. See also: common-carrier immunity concept.

I don't know about you, but hurricanes actions in this instance has made me reevaluate the use of their products in 
future projects.

(this post definitely does not reflect the opinions of my employer.)

William
------Original Message------
From: Jack Bates
To: Richard A Steenbergen
Cc: North American Network Operators Group
Subject: Re: DMCA takedowns of networks
Sent: Oct 26, 2009 1:44 PM

Richard A Steenbergen wrote:
> had no liability in the matter. Of course Hurricane is well within their 
> rights not to serve any customer that they please, but the customer is 
> also well within their rights to find another provider who better 
> respects the rights of free speech on the Internet (if the above is what 
> actually happened).

I'm sure HE respects the rights of free speech just fine. That being 
said, a notice was delivered, customer may not have replied with the 
appropriate legal notice, and so HE honored it's obligation to maintain 
safe harbor.

One would have to be an idiot to jeopardize their company by rolling the 
dice in an effort to protect free speech (which may not legally be free 
speech). Courts determine what is free speech. ISPs just try to stay the 
hell out of the way.

Jack



-- 
William Pitcock
SystemInPlace - Simple Hosting Solutions
1-866-519-6149