Unauthorized distribution of copyrighted material

up.net does not condone the illegal distribution of copyrighted materials. Such material includes, but is not limited to, music, songs, movies, software, and art. Section 512 of Title 17 of the US code outlines what up.net must do in case a copyright infringement is found on the up.net network.

Title 17, Chapter 5, Section 512, (c)(1)(C) states ?upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.?

In more general terms up.net must disable your Internet access. Some companies ask that up.net terminate the account in question. We find nothing in the US code forcing us to do so, and we will not do so.

The steps up.net takes upon being notified of a copyright infringement are

• Immediately disable the customer's ability to access the Internet.
• Inform customer they cannot access the Internet, the reason, and the files alleged to be infringing a copyright. At this point we ask the customer to disable access to the file(s) in question. Once the customer can assure up.net that the files are no longer accessible to the Internet up.net will reactivate customer?s account.
• If the customer feels that there has been an error and that they are not violating or infringing any copyrights then they can dispute the notification. The complete procedure is in Title 17, Ch. 5, Section 512.

For each allegation of copyright infringement up.net will charge the infringing party a 25.00 dollar (US) investigation fee. If no infringment is found then up.net will not charge the accused party the investigation fee, up.net will charge the notifying party (accuser) a 500.00 dollar (US) investigation fee plus pursue all legal avenues against the accuser.

Please note that the person notifying up.net must have a ?good faith belief? that the work is being infringed. Title 17, Sec. 5, Ch 512 states that ?Any misrepresentation of copyright infringement shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.?

Title 17, Ch. 5, Sec. 512, detailing the copyright law as it applies to online content, can be found at http://www4.law.cornell.edu/uscode/17/ 512.html

Please, do not allow others access to your copyrighted materials.

Last Updated Friday, May 30 2003 @ 10:44 AM EDT