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To qualify for the DMCA safe harbor exceptions one must: a. Designate an agent for service of copyright claims (i) on their website and (ii) in an online filin
by voxic11 3y ago
To qualify for the DMCA safe harbor exceptions one must:
a. Designate an agent for service of copyright claims (i) on their website and (ii) in an online filing with U.S. Copyright Office (§ 512(c)(2)); and
b. Write, adopt and post on its website a “repeat infringer policy.” (§ 512(i)(1)(A).)
c. Set up internal processes and procedures to manage the notice-and-take-down process (§ 512(c)(1) (C)); and
d. Reasonably implement its repeat infringer policy.
So that is basically what this case comes down to. Did the ISP fulfill its requirements to qualify for safe harbor exception. It sounds like the plaintiff wanted to use these reddit comments as evidence the ISP failed to reasonably implement its repeat infringer policy.
- michaelmrose 3y agoThis doesn't sound like strong evidence. Users rarely understand technical matters, base assertions on out of date recollections, remember incorrectly, and lie. A small sample size of users means very little. Meanwhile it might be easier to compel testimony on actual policies as enforced right now. If they are justified it would be like standing in front of the ax murderer holding the bloody ax in one hand and a newly collected head in the other and asking for his cell phone history. On the other side of the equation there are folks who have been permanently kicked off the only broadband option they have at their house in poorsville because the kids downloaded movies. Such policies can already be pretty punitive to some folks while other more savvy folks simply use a VPN and avoid issues. All in all not a very effective policy.