So... does that mean we don't have to care about takedown notices anymore?

Like, the only reason to comply with such an onerous and censorious takedown regime was specifically to disclaim contributory copyright liability that SCOTUS just unanimously decided to erase. Is it such that as long as people aren't stupid and don't market their services as an infringement facilitator, which most don't, that they don't have to honor 512 takedown notices now? Conversely, services dumb enough to actually market themselves as infringement tools probably can't get rid of their liability by the 512 safe harbor. So there's no reason to actually honor a DMCA takedown request anymore.

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autoexec 5 hours ago | parent | next [-]

ISPs still need to comply with the DMCA. In their decision the court did weigh the fact that "Cox repeatedly discouraged copyright infringement by sending warnings, suspending services, and terminating accounts." so I would expect that processing DMCA notices and even repeat offender terminations will continue to be a part of an ISP's enforcement policy.

That said, I think there's a reasonable argument to be made that a customer should only be terminated as a last step and only after the ISP has been made aware that their customer is actually a repeat offender. Getting a large number of unproven accusations should not be enough.

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elpool2 6 hours ago | parent | prev | next [-]

It seems like you would still have to remove the infringing content, but no need to disconnect or ban the user who shared it.

But if you’re a pure ISP and not hosting content on your own servers, then I guess, yeah DMCA doesn’t really apply to you?

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elpool2 4 hours ago | parent | next [-]

Actually, it looks like there is something in the law that only provides DMCA safe harbor to providers that have a policy of terminating accounts of repeat infringers. I'm still not sure if an ISP would even need that safe harbor though.

	▲	aidenn0 an hour ago \| parent [-]
		Lower circuit court said they did, Supreme Court overturned that.

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burnt-resistor 6 hours ago | parent | prev [-]

This was what GFiber appeared to be doing until it sold out to private equity. I got about 60 DMCA notice emails about torrents that never reached seeding state. About 25% of them were false accusations with wrong titles unrelated to activity by anyone on my network.

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intrasight 6 hours ago | parent | prev [-]

This is about moving bits through the pipes and not the resources that those pipes are moving.