U.S. ISP Disconnects User after Three-Strikes

September 27, 2010 -

While it sounds like something that might emerge from France’s Hadopi law, a suspected copyright infringer had his account suspended for six months by his Internet service provider in the United States.

According to TorrentFreak, a customer of the ISP Suddenlink had his account deactivated after a trio of Digital Millennium Copyright Act (DMCA) notices of copyright violations. In a chat log posted on the site the affected customer is arguing with a Suddenlink representative, who implied that the DMCA forces such a disconnection, though that comment was quickly amended to, “It may be the DMCA policy or it may be the way we go about following the DMCA guidelines.”

As TorrentFreak notes, “The DMCA does not and never has required ISPs to disconnect users.” A phrase used in Suddenlink’s Terms of Service agreement does not mention a three-strike policy per se, but alludes to what might happen if copyright laws were broached:

If you continue to transfer Copyrighted Material illegally, you are violating Suddenlink’s policies and Suddenlink may take further action, including limiting your Internet download capacity, suspending or terminating your account, or a range of other measures.

Suddenlink claimed that they were “within their rights” to take such measures, which TorrentFreak labeled “an extreme measure.”


Comments

Re: U.S. ISP Disconnects User after Three-Strikes

I find it funny an ISP is turning away a paying customer.... here's a thought have a policy as so anyone who uses to much of the service move up a plan because they use to much bandwidth or something....


I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2010/05/21/cigital-disobedience/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: U.S. ISP Disconnects User after Three-Strikes

 Right because the person using high amounts of bandwith is always going to be an illegal downloader.  Unless there is a clause in the agreement that sets a cap on bandwith then there is no reason the ISP can go against one heavy user over another.  In this case, the heavy user could also be a netflix streaming movie addict who streams 5-10 movies a week or someone who enjoys buying video games over digital download services such as Steam or downloading demos on PS3 to try out every game available.  It is simply not practical to distinguish between infringing activity and non-infringing activity because to do so you would have to monitor individual use.  

Re: U.S. ISP Disconnects User after Three-Strikes

First of all, an infringment notice means nothing legally. It is simply a document stating that a content owner believes a given user has infringed upon the content owner's intellectual property. It has to be proven in a court before you can say that the user actually infringed. There is no infringment without conviction. That is the first thing wrong with what Suddenlink did.

Second issue is that Suddenlink is opening themselves up to legal attack, by directly intervening they may be implicitly giving up their safe harbor provision protections. Once they start policing their user's copyright infringment the content owners can sue THEM for not doing a better job or for allowing it to happen.

Third, Suddenlink should be protecting the people who pay them, i.e. that customer who shells out money every month to recieve internet service. Why should they lose business over a DMCA notice? They are shooting themselves in the foot here, not only losing business, not only engendering customer ill will, but all to service a content owner who provides them with nothing but the cost of forwarding a DMCA notice. To add insult to injury a DMCA notice does NOT mean that actual infringement has taken place.

It saddens me when I read these types of articles. I don't know why some businesses feel obligated to act against their own best interests in cases like this. Are you a Suddenlink customer? Then I would start looking for a new ISP.

Re: U.S. ISP Disconnects User after Three-Strikes

I think this is a case of both sides being in the wrong. The customer should have been illegally downloading copyrighted materials, but the isp did not gad the right to disconnect the user like that (with regards to what the DMCA states).

http://www.magicinkgaming.com/

Re: U.S. ISP Disconnects User after Three-Strikes

Again, you're assuming, without any evidence to back it up, that the copyright holders' allegations are correct and the user actually WAS illegally downloading copyrighted materials.

Where's the proof?  Innocent until proven guilty.

Re: U.S. ISP Disconnects User after Three-Strikes

Well what I read in the original artical on torrent freak the person in question wasn't making any counter clams to the DMCA notices.

http://www.magicinkgaming.com/

Re: U.S. ISP Disconnects User after Three-Strikes

Makes no difference. Burden of proof lies with the accuser.

Why would you continue to download after receiving notices?

I do not support the position of the ISP that it is somehow OK to shut off a user after sending a specified number of DMCA notices.  However, I think any prudent downloader would seriously get shaken up by receiving one notice, let alone two.  While the DMCA may not require the ISP to cut off a user, at a certain point the user should use the notices as confirmation that he is no longer an anonymous user in the sea of downloaders.  Instead, you are now a watched user who some large company knows is engaging in illegal downloading.  

When you continue to download after receiving such notices, it sends the message that you don't care about the consequences.  I have known people who terminated downloading completely after receiving one notice directly from the copyright holder of material they like to post online.  Once you receive that notice, you may as well terminate all copyright infringement or at the very least switch ISPs.   

Re: Why would you continue to download after receiving ...

You're operating under the assumption that the user actually WAS engaging in copyright infringement.  Maybe he was, but there have been plenty of examples of DMCA takedown notices and RIAA lawsuits against people who were innocent.

On the other hand, you've indirectly pointed out how this is going to escalate: as ISP's start disconnecting pirates, pirates will start using encryption and proxies.

Re: Why would you continue to download after receiving ...

So basically if your download activity is a little high or you, gasp, when to a torrent site, they label you as guilty and try to have yoru srvice shut off, or make you pay more than you make in a year.

Re: Why would you continue to download after receiving ...

Pretty much, yeah.  Until somebody actually takes it to court instead of settling.

 
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MechaCrashHey Neo, that bit with "he instigated it"? That is called victim blaming. Stop it.10/25/2014 - 11:05pm
KronoAnd a rebuttal to that article: https://medium.com/@cainejw/an-actual-statistical-analysis-of-gamergate-dfd809858f6810/25/2014 - 9:42pm
Technogeekhttp://www.newsweek.com/gamergate-about-media-ethics-or-harassing-women-harassment-data-show-27973610/25/2014 - 8:54pm
TechnogeekAnd speaking of harassment and Gamergate, Newsweek had a social media analytics company analyze the hashtag in the interest of finding out what the movement was really about. The results should surprise absolutely nobody at this point.10/25/2014 - 8:54pm
Neo_DrKefkaI was called a traitor for speaking out on harassment and I was put on a list for people on twitter to mass report me. Only GamerGate site that has come out of this that has been reputable would be TechRaptor. 2/210/25/2014 - 7:09pm
Neo_DrKefka@Neeneko The reason why I ended my support of #GamerGate was the fact KingofPol (The guy who was sent the knife) ended up saying crap about those with autism. At this point I confronted the community and some big wig writers on the #GamerGate side. 1/210/25/2014 - 7:08pm
NeenekoIt would also mean they have to confront that the sites already mostly cater to them and wiping that small percentage of otherness just does not justify new sites.10/25/2014 - 6:55pm
Neeneko@ quiknkold - problem is it has never been about freedom, it is about dominance, ownership, and priviliage. women and minorities should be the ones leaving and creating their own spaces, not them!10/25/2014 - 6:54pm
Neo_DrKefka@Mecha I hear you about KingofPol this is a guy who is using GamerGate to boost his career. Most of his streams are crap about him talking about him being drunk. What happened to him was wrong but it doesn't change the fact he has instigated much of this10/25/2014 - 5:40pm
Craig R.And I'll be perfectly happy in never seeing the phrase 'false flag' ever again, as it is one of the worst notions to ever come out of the camp of the tinfoil brigade that is already completely overused.10/25/2014 - 3:50pm
Craig R.Gone for a week and come back to find GG didn't go away at all. Dammit.10/25/2014 - 3:48pm
Matthew Wilsonif they were serious, they would go to youtube. most youtube game reviewers tend to revew games as product, and tend leave social issues out of it.10/25/2014 - 1:42pm
quiknkoldif the gamergaters were serious, they'd realize that Kotaku and Polygon arent the only games in town, and that with the freedom of the internet, they could create their own websites and achieve the goals they are trying to achieve without arguement.10/25/2014 - 1:35pm
james_fudgehe should have called the police.10/25/2014 - 1:20pm
TechnogeekAt least my statement still holds if it does turn out to be a false flag.10/25/2014 - 1:03pm
NeenekoThough I admit, since doxxing and false flag where heavily used tactics of the GG supporters, while they are not historical tactics used by detractors, I am skeptical how much it is really 'both sides' doing it in any real volume.10/25/2014 - 1:01pm
NeenekoOne thing that makes all of this messy is 'false flag' is a serious concern here. It does not help that the original GG instigators were also known for doing elaborate false flags to discredit feminism themselves.10/25/2014 - 12:59pm
MechaCrashThe guy who got the knife is the one who advocated doxxing, by the way, and was getting court documents about Zoe Quinn so he could publicly post them. It doesn't make what happened to him right, but he deserves no sympathy.10/25/2014 - 12:42pm
TechnogeekNo, that's a pretty shitty thing to do and I fully support the responsible parties getting a visit from the relevant legal authorities.10/25/2014 - 12:17pm
Neo_DrKefkaSomeone anyone tell me how two wrongs somehow make a right? This is becoming exhausting and both sides are out of there minds!10/25/2014 - 11:40am
 

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