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.

---

Patreon

Deviantart

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.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
E. Zachary KnightYeah, the PS3. My son paid for the Steampunk Texture Pack and it would not work at all. No matter what I did, it wouldn't allow us to save.03/31/2015 - 10:56pm
Sora-ChanConsole version?03/31/2015 - 10:40pm
E. Zachary KnightSo, Mojang has been selling a broken texture pack for Minecraft since at least Dec. 2014 and it hasn't been fixed yet.03/31/2015 - 10:30pm
Andrew EisenI think TT Games gets away with multiple LEGO games a year because they're all based on different franchises. If there were two or three LEGO Star Wars games every year, I think people would feel the same fatigue as they do with Assassin's Creed.03/31/2015 - 6:40pm
Andrew EisenIn other words, a hero is male because that's the default. A hero is female because of a gender-related reason. So, male heroes are for everyone. Female heroes are for women.03/31/2015 - 5:32pm
Andrew EisenHer point is that "When archetypal fantasy heroes in games are overwhelmingly portrayed as men, it reinforces the idea that... women should be able to empathize with male characters but that men needn’t be able to identify with women’s stories."03/31/2015 - 5:30pm
Andrew EisenDaniel - She doesn't say that in any of the TvW videos and I doubt she's said elsewhere that all games with male protagonists are male power fantasies. Anyway, you seem to be conflating two different ideas.03/31/2015 - 5:30pm
MaskedPixelantehttps://twitter.com/Yuriofwind/status/583028257890635776 Oh snap!03/31/2015 - 5:14pm
WymorenceFor me it just boils down to the fact that, even at a giant company, when a game comes out annually it just gives it a vibe of being rushed out the door. And god knows Unity sucked some major lemur with all its bugs...03/31/2015 - 4:22pm
PHX CorpI launched my spotify account today, and I kinda went a little overboard with adding music03/31/2015 - 3:59pm
Sora-ChanCon't. Games like AC are a pain to someone like me who likes to play games in order. So when a game gets too many releases too quickly, it puts me off. Only exceptions are games that have no interconnected underlying stories like the FF games.03/31/2015 - 2:53pm
Sora-ChanWikipedia has rarely let me down on matters like this. But yeah... AC needs a break.. like two.. or three... or eight years.03/31/2015 - 2:51pm
ConsterThere's 9 already?! I think I played 1, 2, and the ones inbetween 2 and 3.03/31/2015 - 2:23pm
Sora-ChanCon't There are now Nine... of just the main entries into the series. There are 13 more in the "other games" department.03/31/2015 - 2:15pm
Sora-ChanI tried to get into AC. Was having a decent time with the first one, at which point they had already released three titles. Then a fourth came out... then a fifth... the wall kept growing before I could finish the first.03/31/2015 - 2:14pm
Daniel LewisI think ubisoft should give AC a break before it's milked to death,and i'm a big fan of the games03/31/2015 - 1:15pm
PHX Corphttp://www.polygon.com/2015/3/31/8320017/assassins-creed-chronicles-china-india-russia Assassin's Creed Chronicles is now a trilogy, goes to China, India and Russia03/31/2015 - 1:11pm
Daniel LewisThe only thing said i disagree with is the final quote on Men's experiences are seen to be universal but women are gendered,though doesn't anita say that games with male protagonists are male power fantasies,so in turn both are gendered03/31/2015 - 1:08pm
Daniel Lewisi found the video to be much better than any of the TvW series and it's about time the positive women are put in the spotlight03/31/2015 - 1:06pm
Daniel LewisSo feministfrequency released a positive female character video https://www.youtube.com/watch?v=gXmj2yJNUmQ03/31/2015 - 1:05pm
 

Be Heard - Contact Your Politician