Copyright infringement notice

[Anne P. Mitchell, Esq.]

> 
> 
> The 6 strikes system doesn't kick in til Jan 2013 AFAIK.

My understanding was that it started kicking in last month, but in any event, for whomever sent the original poster the complaint, it's clearly in effect now.

> 
> Does the legal letter make any kind of demand? Usually the sender (aka copyright troll - a technical term) will be looking for personal info to associate with the IP in order to institute a shakedown of some nature. IANAL but I believe one can wait for a subpoena, and even then it's not open and closed.

Actually under the "copyright alert" scheme, the ISPs specifically are *not* to give up personal information, they are simply to take the IP address being reported as downloading copyrighted material, and determine *internally* who the user is, and then send the user the copyright alert, *without* sharing with the accuser who the user is.  

And yes, in order to share user information forward-facing, one not only can - but one *should* - insist on a subpoena, as that will protect you from breach and invasion of privacy allegations by your own users (assuming your TOS, as it should, says something like "we will not share your private information *unless* required to by law"  (and, IAAL :-) ).

Anne

Anne P. Mitchell, Esq
CEO/President
Institute for Social Internet Public Policy
http://www.ISIPP.com 
Member, Cal. Bar Cyberspace Law Committee

How do you get legitimate email through in a spam-filtered world?  SuretyMail!
Helping businesses get their email delivered to the inbox since 1998
http://www.isipp.com/SuretyMail

Author, "They're Your Kids Too:  The Single Father's Guide to Defending Your Fatherhood in a Broken Family Law System" 
http://www.amazon.com/Theyre-Your-Kids-Too-Fatherhood/dp/061551443X




----- End forwarded message -----
-- 
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A  7779 75B0 2443 8B29 F6BE