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Piracy The Internet Your Rights Online

US ISP Adopts Three-Strikes Policy 280

Posted by timothy
from the them's-our-rules dept.
Andorin writes "Suddenlink, a United States ISP that serves nineteen states, has implemented a three-strikes policy. Subscribers who receive three DMCA takedown notices are disconnected without compensation for a period of six months. According to TorrentFreak, the takedown notices do not have to be substantiated in court, which effectively means that subscribers can be disconnected based on mere accusations. In justifying the policy, Suddenlink turns to an obscure provision of their Terms of Service, but also claims that they are required by the DMCA to disconnect repeat offenders."
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US ISP Adopts Three-Strikes Policy

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  • by Anonymous Coward on Friday September 24, 2010 @07:20PM (#33693412)
    I'm sure that if someone went to 4chan, the /b/tards would happily take up the cause after their fine effort against Aiplex.
  • by seeker_1us (1203072) on Friday September 24, 2010 @07:20PM (#33693414)
    And getting a takedown notice (or multiple takedown notices) has NO indication of guilt. There are plenty of cases where MAFIIA robots have sent automated takedown notices without anyone actually taking the time to find out that they didn't own the material in question.

    People should drop this company, ASAP.

  • by viking80 (697716) on Friday September 24, 2010 @07:31PM (#33693496) Journal

    Submit DMCA reports on the board and management of suddenlink. They all most likely have full speed connections. Maybe you think they are misusing your IP.

    The policy allows no review of the DMCA, so it would be interesting to see how that develops.

    Company name:
    Cequel Communications Holdings I, LLC
    and from their web page:
    Mr. Jerald L. Kent Chairman
    Mary Meduski EVP - Chief Financial Officer Age: 51 314-315-9603
    Mr. Thomas P. McMillin Chief Operating Officer and Executive Vice President Age: 48
    Ralph Kelly SVP - Treasurer 314-315-9403
    Mr. James Fox Chief Accounting Officer and Senior Vice President Age: 40
    Mike Pflantz VP - Corporate Finance 314-315-9341
    Mr. Terry M. Cordova Chief Technology Officer and Senior Vice President Age: 49

  • New Domain (Score:2, Informative)

    by Anonymous Coward on Friday September 24, 2010 @07:31PM (#33693498)

    suddenunlink.com is now a registered domain name that points to the original article.

  • by Crypto Gnome (651401) on Friday September 24, 2010 @08:33PM (#33693858) Homepage Journal

    it's really not that bad of a deal. Basically, if the RIAA/MPAA sees your IP address, instead of trying to extort you for money, they just tell TWC, who redirects you to an angry-sounding webpage next time you try to use the Internet. You click "Accept" or whatever, and then the problem goes away. No subpoenas, no lawsuits. You can do this twice. It's not until the third time that something actually bad happens, and if you're incompetent enough to get caught three times, you shouldn't be on the Internet.

    You sir are a complete idiot.

    I've had noticed issued against IP addresses on my network that *have never been active*, not ever.

    It is literally not physically possible for said IP address to have *ever* issued a packet. Their reporting mechanisms are *broken*, it is not just possible, but *likely* that you will be "issued with a notice" even though you have never violated copyright ever.

    Some people will have their only possible internet connection dropped with extreme prejudice for at least six months even though they have not done anything wrong.

  • by Hatta (162192) on Friday September 24, 2010 @08:35PM (#33693880) Journal

    A DMCA notification requires:

    `(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notice the placement of the "and". To make the precedence explicit:

    `(vi) A statement that (the information in the notification is accurate) AND (under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.)

    You only perjure yourself if you misrepresent yourself as representing a rights holder. Any other specific claims in the notice do not matter. If you represent a rights holder you can accuse whoever you want without fear of being prosecuted for perjury.

  • by Crypto Gnome (651401) on Friday September 24, 2010 @08:37PM (#33693900) Homepage Journal

    You assume the complaints are illegimate. But where is the proof your assumption is right?

    No, the problem is that you ASSUME that *each and every single complaint* is *always* legitimate.

    They've already had cases thrown out of court because they got their basic facts wrong. So there's *at least* one case of proven failure to be 100% correct - therefore the ASSUMPTION that they're always correct is INVALID.

  • by mysidia (191772) on Friday September 24, 2010 @10:32PM (#33694476)

    If you have not, consider heading over to the FCC's Broadband website [broadband.gov], and report a broadband dead zone, run their speed tests, etc. Get all your friends to do the same, even if they have to sign on with a dial-up internet connection to do it.

    Who knows if it will make any difference, but they are building a database of underserved areas.... and there may be government action, incentives, etc, to improve matters now or in the future. I assume the more reports they get for an area from different people, the more likely someone is to take notice and move that area "higher up on the list" of areas that are suffering from poor choice, incumbent monopolization, etc.

  • by compgenius3 (726265) on Saturday September 25, 2010 @12:30AM (#33694926)
    What if I don't use the ISPs awful DNS servers? How will I be redirected to the notification page? I couldn't possibly have had a chance to change my behavior if I was never informed of my wrongdoing in the first place.

Reference the NULL within NULL, it is the gateway to all wizardry.

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