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.
replyThat 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.
It seems like you would still have to remove the infringing content, but no need to disconnect or ban the user who shared it.
replyBut 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?
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.
replyLower circuit court said they did, Supreme Court overturned that.
replyThis 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.
replyThis is about moving bits through the pipes and not the resources that those pipes are moving.
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