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DMCA, Univ of Minnesota, pair Networks vs Me

chimpo13 (471212) writes | more than 4 years ago

Censorship 3

My ISP, pair Networks, tells me they'll remove my entire site if they get another DMCA request about my posting 17 out of 600 questions from the MMPI. It's the same issue that slashdot has posted before. My problem is, the same attorney, Carl W. Covert, Jr. from NCS Pearson, Inc.,My ISP, pair Networks, tells me they'll remove my entire site if they get another DMCA request about my posting 17 out of 600 questions from the MMPI. It's the same issue that slashdot has posted before. My problem is, the same attorney, Carl W. Covert, Jr. from NCS Pearson, Inc., has sent my ISP two DMCAs about the same page, two months apart, and pair hasn't had a customer who sent in a non-compliance response.

With my first DMCA, I went to Chilling Effects and used a boilerplate response. I had a copyright attorney check it before sending it. The DMCA says they have 14 days to sue. I asked pair if it was settled after 14 days went by and only received the "we received your response and will respond". I figured if they ignored that, then the issue was settled. After two months, I got another DMCA.

pair removed my page for 14 days and sent an email saying that if they get another DMCA they will remove my entire site. My site covers a Star Trek band, Sacramento punk rock history, and a blog about riding a crappy old motorcycle round the world. Now I'm in Korea, trying not to fight with an ISP that I was happy with, over 17 questions. I know the easy thing is to edit the single page, and I let most things slide, but issues like this are one my windmills. Any suggestions? Is what pair is doing to me even legal?

cancel ×

3 comments

Probably not (1)

http (589131) | more than 4 years ago | (#29019537)

More important than me not being a lawyer, is that I am not YOUR lawyer. It sounds like you need to either (i) call pair's legal counsel and explain that your email was sent, but disregarded, or (ii) speak to a public relations officer and ask them what the -real- email address your replies should have gone to, since the published address is not monitored.
Personally, I hate email sinks. A while back I kept getting flooded with bounces of internal eamils from my home ISP a while back; I politely sent them directions on how to properly configure the errant host. They did nothing about it until I started telling them the names and issues of customers that were being discussed.
I have the unenvied job of monitoring the postmaster account where I volunteer; the policy is that one false positive spam mark on that account is too many. Five nines of spam, with the occasional tidbit. Stupid policy; no tidbit has ever been marked spam.

...should have used 'preview' (1)

http (589131) | more than 4 years ago | (#29019555)

Should have said,
They did nothing about it until I called and started telling them the the names and issues of customers that were being discussed.

Re:...should have used 'preview' (1)

chimpo13 (471212) | more than 4 years ago | (#29020759)

They've always replied to emails. Just this time they chickened out. I sent in another email a few days later and they sent the auto reply and then another email saying they'd have an answer for me in a few days. That was followed up by "we'll delete your account if we get another complaint". I totally understand deleting the account if it was a legitimate complaint, but it wasn't.

Monitoring email for spam would be a nightmare.

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