[cfgeeks] Take down notice by email legal?

Thu Mar 15 17:59:14 EDT 2007

Hmmm...is the company accountable under Sarbanes-Oxley?  That can make a difference in requirements.  

http://www.fastchicken.co.nz/blog/EmailAsLegalDocument.aspx

http://www.sandpiperdata.com/Sandpiper_Email_Legal_Issues_2003.pdf

Just a couple of things I came across.  I would say that the tide is changing.  It's probably one of those situations though where you don't want to become the "precedence" by having someone take you to court and win because they subpoened your records and found you did receive that notification via email.

----- Original Message ----
From: Kevin P. Inscoe <kevin at inscoe.org>
To: cfgeeks at mail.cfgeeks.org
Sent: Thursday, March 15, 2007 4:56:03 PM
Subject: [cfgeeks] Take down notice by email legal?

----- Forwarded message from Ty Carter <tmcarter at ultrastat.com> -----

Subject: RE: [isp-clec] Copyright Infringement
Date: Thu, 15 Mar 2007 16:48:52 -0400
From: Ty Carter <tmcarter at ultrastat.com>
To: isp-clec at isp-clec.com
Reply-To: isp-clec at isp-clec.com

There is no proof of delivery....

Ty Carter

-----Original Message-----
From: Chris Cappuccio [mailto:chris at nmedia.net] 
Sent: Thursday, March 15, 2007 1:52 PM
To: isp-clec at isp-clec.com
Subject: Re: [isp-clec] Copyright Infringement

Hi Frank,

Maybe you could tell us which part of the law says that e-mail is not a
valid
notification method....

Frank Muto FN [foxnet at thefoxnet.net] wrote:
> An email is not even close to being DMCA compliant of notice.
> 
> 
> Frank Muto
> Co-founder WBIA
> www.wbia.us
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> ----- Original Message ----- 
> From: "Ty Carter" <tmcarter at ultrastat.com>
> To: <isp-clec at isp-clec.com>
> Sent: Thursday, March 15, 2007 9:49 AM
> Subject: RE: [isp-clec] Copyright Infringement
> 
> 
> >Just reviewing this again; I would not in 100 years give credence to
an
> >e-mail....They really need to write you in a traceable letter to hold
> >any validity...This is of course, my opinion... We are a broadband
> >provider and do not honor any type of request like this via e-mail;
> >
> >We get some of theses a few times a year; although we are a small
MSO;
> >our attorney advised us not to give any credence to any request
unless
> >it came in person, with a warrant or certified mail.
> >
> >
> >
> >-----Original Message-----
> >From: Conley Bone [mailto:cbone at newroadstelecom.com]
> >Sent: Thursday, March 15, 2007 10:15 AM
> >To: isp-clec at isp-clec.com
> >Subject: [isp-clec] Copyright Infringement
> >
> >We got an email from a company called SafeNet who claims to represent
> >Warner Brothers.
> >They are saying that one of our users has downloaded via BitTorrent a
> >movie that is copyrighted.
> >They are asking that we shut off the customer and take action against
> >the customer according to our AUP.
> >
> >We are giving the customer a warning and telling them to cease
> >downloading copyrighted material over our network, and that if we see
> >further abuse, we will shut their service off.
> >
> >My question is this:  Is that good enough?  Obviously the motion
picture
> >
> >industry cannot force me to shut off one of my customers, but do I
open
> >myself up to a lawsuit if I don't comply with their draconian, big
> >brother tactics?
> >The email doesn't threaten any legal action, but I know from watching
> >the news that they are not afraid to sue people.  I have never heard
of
> >them suing an ISP, but that doesn't mean they don't do it.
> >
> >Has anyone else gotten emails like this?  What stance are other
carriers
> >
> >taking?
> >
> >-- 
> >
> >Conley Bone
> >Newroads Telecom
> >300 Towson Ave.
> >Fort Smith, AR  72901
> >479-494-0300 ext. 229
> >http://www.newroadstelecom.com
> >
> >
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> >
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> >New York, NY 10016
> >
> >Please include the email address which you have been contacted with.
> >
> >Copyright 2005 Jupitermedia Corporation All Rights Reserved.
> >
> 
> 
> _____________ 
The ISP-CLEC Discussion List 
_____________
> To Join: mailto:join-isp-clec at isp-clec.com
> To Remove: mailto:remove-isp-clec at isp-clec.com
> Archives: http://isp-lists.isp-planet.com/isp-clec/archives/
> To unsubscribe via postal mail, please contact us at:
> Jupitermedia Corp.
> Attn: Discussion List Management
> 475 Park Avenue South
> New York, NY 10016
> 
> Please include the email address which you have been contacted with.
> 
> Copyright 2005 Jupitermedia Corporation All Rights Reserved.

-- 
"It's beneficial to your health to try and believe a few impossible
things
before breakfast." -- Lewis Carroll

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_____________  The ISP-CLEC Discussion List  _____________
To Join: mailto:join-isp-clec at isp-clec.com
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Archives: http://isp-lists.isp-planet.com/isp-clec/archives/
To unsubscribe via postal mail, please contact us at:
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Attn: Discussion List Management
475 Park Avenue South
New York, NY 10016

Please include the email address which you have been contacted with.

----- End forwarded message -----

-- 
Kevin P. Inscoe                       Amateur Radio Call Sign: KE3VIN
Deltona, FL 32738                                28.9497N by 81.1952W
kevin [at] inscoe [dot] org                    http://kevininscoe.com
GPG 0x61288D53
"The mysteries of the Universe are revealed when you break stuff." 
- Coop, Megas XLR

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