What Is A Copyright Infringement Notice?
The music, film, video and games manufacturers have each empowered several different organizations to search out and legally prosecute internet users who infringe copyright by offering copyrighted products for distribution from their internet connections.
These organizations use various, ever more sophisticated, tools to find web sites that offer their client's products as free downloads and they then log all details of the infringement and send a copyright infringement notice to the owner of the IP address (almost always an ISP).
This infringement notice demands the immediate cessation of the copyright infringement in deservice issue of which significant legal action is threatened.
What Does Exetel Do With The First Infringement Notice Received For Any Specific IP?
Exetel forwards the copyright infringement notice to the Exetel user of the nominated IP advising the customer that it is a breach of the terms and conditions of the supply of ADSL services by Exetel to use the connection for any illegal purpose.
Exetel also advises the agency that it will ensure any material that infringes its clients copyright will be immediately removed.
What Does The User Do When They Receive A First Infringement Email?
What the Exetel user who receives the copyright infringement notice does is entirely up to them. The options are:
1) Do nothing at all; just ignore Exetel's email and the attached infringement email
2) Contact the agency issuing the infringement notice and deny the allegation copying Exetel and copying Exetel on any further correspondence
3) Remove the offending material and any other material that infringes anyone else's copyright
4) Secure their internet connection so it can't be hijacked or pirated or shared in any way by people infringing copyright
What Does the User Do When They Receive A Second Infringement Email?
The choices are more limited for a user who receives a second infringement notice if the first infringement notice hasn't been satisfactorily refuted. They basically are:
1) Contact the infringement notice issuer and get them to agree the notice is in error and provide Exetel with copies of that correspondence
2) Churn to another ADSL provider
Does Exetel Disclose Any Information About The IP User To The Agencies?
No. Exetel's sole contact with any agency is to advise them that, if asked that their notice has been passed on to the end user.
Summary Of This Situation
Copyright infringement seems to be similar to speeding; almost everybody does it and not many people think that it is really wrong.
Like speeding motorists for the road patrol police, copyright infringement is viewed entirely differently by the owners of the copyrighted material.
Exetel has no interest in losing any customer.
Exetel, equally, has no interest in being dragged in to legal costs and wasting scarce management time caused by a customer who has, allegedly, infringed another person's copyright.
Like the compulsive speeder the compulsive uploader is going to get caught sooner or later.
It isn't the service issue of the ISP, or of anyone else; it is the service issue of the user who knowingly breaches/infringes another person's copyright.
Exetel, like any other commercial organization can't afford to be party to alleged copyright breaches.
Two undisputed strikes and the connection will be terminated.
