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[ga] AT&T Won't Terminate User Service For RIAA Without a Court Order

  • To: Ga <ga@xxxxxxxxxxxxxx>, icann board <icann-board@xxxxxxxxx>, ICANN Policy staff <policy-staff@xxxxxxxxx>
  • Subject: [ga] AT&T Won't Terminate User Service For RIAA Without a Court Order
  • From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
  • Date: Sun, 29 Mar 2009 04:12:20 -0700

All,

  Well again seems that now the RIAA feels that it's developing
relations with service providers gives it the effect of force of
law.  Thankfully AT&T was wise enough that such an gross
assumption is far from ethical.  I got to believe that judges of
good conscience and ethics are not pleased with these sorts of
assumptions of organizations like the RIAA and MPAA.

  Perhaps also ICANN's IPC and ICANN's leadership would
would be counciling the RIAA in no uncertain terms?  Than again
perhaps sadly such will not occur...

See: http://tech.slashdot.org/comments.pl?sid=09/03/29/1214201

On Wednesday, we discussed news that AT&T had
http://tech.slashdot.org/article.pl?sid=09/03/25/1133220&tid=95
begun sending takedown notices to users whom the RIAA has accused
of illegally downloading copyrighted works. Cox and Comcast are both
http://news.cnet.com/8301-1023_3-10204047-93.html cooperating with
the RIAA in that regard as well. However, while Cox seems willing to
shut off service in the case of repeat offenders, Comcast denied that it
was
considering a similar penalty, and AT&T said they'll flat out
 http://news.cnet.com/8301-1023_3-10204514-93.html refuse
to terminate service on the RIAA's word alone; it will take a court
order. They seem satisfied with the effect letters have had on
inhibiting
such downloads: "'It's a standard part of everybody's terms of service,'

[AT&T senior executive vice president Jim Cicconi] said. 'If somebody is

engaging in illegal activity, it basically gives us the right to do
it...We're not a finder of fact and under no circumstances would we ever

suspend or terminate service based on an allegation from a third party.
We're just simply reminding people that they can't engage in illegal
activity.' Cicconi said the company began testing this kind of 'forward
noticing' late last year and even experimented with sending certified
letters. Cicconi said the notices worked. The company saw very few
repeat
offenders."

Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln
"YES WE CAN!"  Barack ( Berry ) Obama

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
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