Downloading, posting or otherwise using copyrighted material without permission is a violation of LCWA’s terms of service. Anytime LCWA becomes aware of a claim that a user has infringed a third party’s copyright, we will attempt to identify the infringing member/user. If you believe that material used on LCWA’s network infringes your copyright, please send us a proper notice of infringement. We will investigate the matter and, if we can identify the user, notify the user promptly. Unless the user properly contests all claims, we will suspend the user’s account after receiving a second claim of infringement by the same user. If the issue cannot be resolved (for example, by a written promise to cease infringing activity), or upon a third claim of infringement, the user’s account will be terminated.
What is a Copyright Violation?
Put simply, downloading, uploading, or offering for upload copyrighted materials where you are not the copyright holder and/or do not have the permission of the copyright holder is a copyright violation.
“The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.” — Wikipedia
What is the Big Deal Anyway?
- Copyright violations are against Federal Law.
- Individuals and organizations have been prosecuted under the DCMA and other statutes.
- Copyright holders have won substantial civil awards against persons and organizations found guilty of copyright violation.
- Providers like Qwest/Centurylink are required by law to take steps to prevent repeated copyright violation, including termination of access.
- Providers like LCWA are required by law to take steps to prevent repeated copyright violation, including termination of access.
In short, LCWA could be shut down, prosecuted and/or sued over copyright violations committed using the LCWA network. LCWA does not have the financial or technical resources to defend itself should any such actions be brought.
What Is LCWA’s Responsibility?
As an Internet Service Provider, LCWA is obliged to comply with the DMCA, and other Federal statutes, when copyright violations are brought to our attention. Our provider, Century Link, passes notifications of copyright violations on to LCWA when they determine that the offending traffic originated within our network. LCWA is then required by law to attempt to pass the notice on to the appropriate member, and to take appropriate steps to discourage future violations.
The central issue is that if LCWA gets recognized as a persistent unresponsive source or copyright violations by Centurylink or by the organizations that are trying to enforce copyright law, the consequences for all of our members are not trivial. LCWA has already received demands for payment for some copyright violations. So far, we have been able to rely on our status as a service provider to deal with the issues.
“The Online Copyright Infringement Liability Limitation Act” (OCILLA) is United States federal law that creates a conditional safe harbor for online service providers (OSP) (a group which includes internet service providers (ISP)) and other Internet intermediaries by shielding them for their own acts of direct copyright infringement (when they make unauthorized copies) as well as shielding them from potential secondary liability for the infringing acts of others. OCILLA was passed as a part of the 1998 Digital Millennium Copyright Act (DMCA) and is sometimes referred to as the “Safe Harbor” provision or as “DMCA 512″ because it added Section 512 to Title 17 of the United States Code. By exempting internet intermediaries from copyright infringement liability provided they follow certain rules, OCILLA attempts to strike a balance between the competing interests of copyright owners and digital users.” — Wikipedia
What is LCWA doing about it?
LCWA has implemented a routed network architecture that permanently assigns a unique public IP address to each member. This assignment is managed by the LCWA Treasurer and the backbone technical team.
This unique public IP address is included in copyright violation notices sent to LCWA, and we can then forward the notice to the associated member.
LCWA does not maintain logs of member traffic. The system logs maintained by the authentication server reflect the dates and times of member PPPOE connection, but not the content, size, or destination of any member traffic.
Standard Procedure for Dealing with Violations
Downloading copyrighted material without permission is a violation of LCWA’s terms of service.
Anytime LCWA becomes aware that a download from our network infringes the copyright of a third party, we will attempt to identify the infringing member/user. That member/user is subject to immediate service termination and repeat infringers will not be tolerated.
If you believe that material downloaded from LCWA’s network infringes your copyright, please send us a copyright notice. Member/user accounts determined to be repeat infringers are subject to termination. Users with suspended or terminated accounts will be prohibited from accessing LCWA’s Internet services.