Why should I care?
Violation of DMCA carries strict and expensive penalties. A civil lawsuit could hold you responsible for thousands of dollars in damages. Criminal charges may leave you with a felony record, accompanied by up to five years of jail time and fines up to $250,000.
What does Little Miami Gig do about DMCA violations?
Little Miami Gig has certain responsibilities as an Internet Service Provider. Most notably from a consumer perspective, we are required to notify customers when Little Miami Gig receives notification from a copyright owner of an alleged infringement. Little Miami Gig also is required by federal law to “adopt and reasonably implement a policy of terminating in appropriate circumstances the accounts of subscribers who are repeat infringers.”
Little Miami Gig doesn’t monitor the online activities of customers. However, copyright owners do, and they send notices of alleged infringement to Little Miami Gig. Little Miami Gig has a policy to review these DMCA complaints. Little Miami Gig notifies customers when we receive these notices and encourages customers to resolve the notices. Pursuant to federal law, we will terminate service to those customers who exhibit a pattern of excessive and consistent abuse of copyrighted material. We will provide ample notice and information prior to discontinuing service. This is the very last thing we want to do. However, federal law required us to adopt and implement this policy.
During this process, Little Miami Gig does not share customer information with the copyright owners. Copyright owners do have the ability, through court subpoenas, to obtain customer information if they choose to pursue civil or criminal charges against an individual.
What should I do about a complaint?
It is important to note that resolving copyright infringement is a legal matter between the consumer and the copyright owner. Little Miami Gig cannot provide legal advice. Removing the files, and the program that caused the violation, may be a good start because failure to cease the alleged infringement activity could result in termination of your services.