Q: Sending Cease and Desist to ISP?
I recently made a solar energy documentary, and presented it at Hot Springs documentary. Not long after that I started selling dvd's. I worked very hard on it, and was very disheartened to see it on the pirate bay. I've sent the pirate bay a DMCA take down notice, but from my friends in the industry, I've heard these are very innefective. I've collected the ips of people on different isps downloading this, and I am wondering if I can collect these ip's and send a cease and desist to their isps. Will this have any effect?
A:
Generally the DMCA says you cannot hold the internet service provider at fault for the intellectual property law violations of its users, with few exceptions and requirements on the ISP. Notifying the ISP is a good first step. The ISP should have an agent for service of process.
See: https://cyber.harvard.edu/property99/liability/main.html
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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