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Comment The story behind the loss. (Score 1) 97

Cox was in the habit of ignoring infringement notices and not passing them on to their customers. They also violated DMCA provisions that require the termination of repeat offenders by terminating and then offering to reactivate their account after a "stern" warning.

As we move forward in this challenging time we want to hold on to every subscriber we can. With this in mind if a customer is terminated for DMCA, you are able to reactivate them after you give them a stern warning about violating our AUP and the DMCA. We must still terminate in order for us to be in compliance with safe harbor but once termination is complete, we have fulfilled our obligation. After you reactivate them the DMCA ‘counter’ restarts; The procedure restarts with the sending of warning letters, just like a first offense. This is to be an unwritten semi-policy . . . We do not talk about it or give the subscriber any indication that reactivating them is normal. Use your best judgment and remember to do what is right for our company and subscribers. . . . This only pertains to DMCA violations. It does not pertain to spammers, hackers, etc.

-Jason Zabek, Cox’s Manager of Customer Abuse Operations.

there are good reasons why Cox was found to have lost Safe Harbor since they were violating the privisions in the DMCA that afforded them that protection.

Comment Re:"Oh, I bashed it all right. I bashed it good." (Score 1) 400

And exactly where do you see this oh so unlikely scenario playing out. What IT support staff are running Linux while everyone else is running Windows, because that would just be dumb and I would expect the manager of that IT department to be canned post haste. In my 20 years in IT I have never seen nor heard of this situation.

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