Termination Due DMCA Violation

  • 1
  • Problem
  • Updated 3 years ago
  • Acknowledged
I just had my account terminated, the customer service rep said that it was due to copywrite violation notices. I understand and respect the copywrite laws and in every case that I received a notice I removed the offending file. My account was terminated with no warning and my last notice was months ago. Based on the User Agreement and the Acceptable Use Policy I was never in violation because I immediately corrected any issues. The customer service rep refused to discuss this further and hung up on me when I tried to resolve the issue.
Photo of RJ

RJ

  • 7 Posts
  • 1 Reply Like

Posted 3 years ago

  • 1
Photo of Brad

Brad, Viasat Employee

  • 3121 Posts
  • 1100 Reply Likes
hello RJ. Could you please email your account information to exedelistens@viasat.com? I'd like to look at this for you
Photo of Will

Will

  • 2 Posts
  • 0 Reply Likes
Brad, I have also written to this email desperate for help. My friends who live in a very very remote area are calling me to try to get service restored because they are unable to get any help from the eight hundred number and they have no way to reach out online or figure out what is going on!
Photo of Brad

Brad, Viasat Employee

  • 3121 Posts
  • 1100 Reply Likes
I'll gladly review both cases, but when a customer is found in violation of our acceptable use policy, we send out several warnings and if the behavior is continued beyond the offenses and warnings, we ultimately have to terminate the service. We are contacted by the copyright holders and it's our responsibility as an internet service provider to warn the offending customer. As the internet provider we reserve the right to cancel any account after the customers have been warned as at that point they become a liability to us for illegally downloading copyrighted material. Since we are the means of how this is being done by providing the service, we have to protect ourselves as a company. 

 Once terminated we cannot restart an account under the account holder's name or information. We must be stern in our decisions for cutting off accounts due to this violation and we have made it a part of our customer agreement that all customers are required to sign.
(Edited)
Photo of Debbi Cobern

Debbi Cobern

  • 88 Posts
  • 25 Reply Likes
What did they do to violate copyright laws? I want to know so that I don't inadvertently do this in the future. I'm confused how this happened. 
Photo of RJ

RJ

  • 7 Posts
  • 1 Reply Like
There was never any dispute to the law. The gray area has always been at what point the determination of public domain vs copywrited material is made. It appears that Exede belives this can be sone ahead of time. I was under the assumption that i was in compliance with the policy and the law as i had never heard otherwise. As I've said a number of times I don't see the termination policy in the user agreement. You and other Exede employees keep mentioning it. Please at the very least post a link to the policy so I can understand what rules I was expected to follow. If the policy is not part of the documents that make the user contract then I contend that Exede is in breach of contract for terminating my service.
Photo of Old Labs (VS1-329-L12FZ)

Old Labs (VS1-329-L12FZ)

  • 3882 Posts
  • 3954 Reply Likes
Acceptable Use Policy referenced in the agreement:

http://www.exede.com/documents/master/acceptable-use-policy.pdf
Photo of RJ

RJ

  • 7 Posts
  • 1 Reply Like
I'm familiar with the acceptable use policy. It does not define what constitutes an infringement or specify the six strikes rule. It does contain a lot of blanket language that I'm quite sure Exede dosent enforce on a regular basis.
Photo of Brad

Brad, Viasat Employee

  • 3121 Posts
  • 1100 Reply Likes
I can also mail a copy of your agreement as well
Photo of Old Labs (VS1-329-L12FZ)

Old Labs (VS1-329-L12FZ)

  • 3882 Posts
  • 3954 Reply Likes
Contact Exede Legal - you'll get nowhere fast bickering with arm chair lawyers (no offense intended Brad).  
(Edited)
Photo of RJ

RJ

  • 7 Posts
  • 1 Reply Like
Hi Brad, I wrote in with my account details and received the same response that I had gotten over the phone which did not at all explain how or when I had violated the user agreement. When I replied asking for further information I received an automated email that said the case was closed and I would need to open a new one.
Your post mentioned warnings and continued behavior. I never received a warning of termination and in all cases when I received a notice I complied immediately so there was no violation of the law or user agreement.
Photo of Brad

Brad, Viasat Employee

  • 3121 Posts
  • 1100 Reply Likes
If you call in at 855-463-9333, we can forward those notices and warnings to an alternate email. They go to the primary email established at the start of the subscription.
Photo of RJ

RJ

  • 7 Posts
  • 1 Reply Like
The email established at start of service is still my main email address and I regularly receive email from Exede at it. Obviously I can't request messages I am unaware of to be forwarded.
Photo of Will

Will

  • 2 Posts
  • 0 Reply Likes
A family fleeing the violence in Mexico was staying at their house for a few months. The children of that family downloaded music on torrent. They didn't know it was illegal and were sternly rebuked when it came to light, but apparently the program kept infringing after it had already downloaded. Exede has been completely unwilling to give them another chance, despite the situation and the fact that they live in a very remote area with absolutely no chance of any other kind of internet connection, or the fact that the violations were committed by guests who were children from another country.
Photo of Brad

Brad, Viasat Employee

  • 3121 Posts
  • 1100 Reply Likes
Unfortunately usually once disconnected due to copyright violation our hands are tied. I've had a few people where a bad roommate was the cause but we had to stand firm. They would have to sign up with a different name than the account holder in order to be reconnected. Our contract states that the customer is ultimately responsible for how the internet is used. I don't intend to come off as uncaring to your friend's good deeds, but usually after the fact the account is flagged and cannot be resumed and requires to be completely reset from the start with a brand new account, agreement, ect under a different account holder's name. It is very unfortunate, but we do this to protect ourselves as well as the customer from a lawsuit from the copyright holders. 
Photo of RJ

RJ

  • 7 Posts
  • 1 Reply Like
Hi Brad, there is nothing in the DCMA law that requires you not resume service if violations have been corrected. This is an internal Exede policy so your hands are not "tied" This is a company choice that convinently allows you to circumvent your 3 year price guarantee on accounts whose pricing structure you no longer find desirable.
Photo of Brad

Brad, Viasat Employee

  • 3121 Posts
  • 1100 Reply Likes
Here's a 3rd Party source on the DMCA act. I totally get it's a hot button topic, I once was a college kid living in a dorm so I get why this is an attractive temptation online, but as a company we have to protect ourselves and our customers from legal ramifications. It's from 2011, but I think it explains things maybe a little more clearly http://www.pcmag.com/article2/0,2817,2388261,00.asp

This conversation is no longer open for comments or replies.