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Copyright Infringement Alerts

ID 3592
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Content owners (such as artists, movie studios, and authors) and their representatives routinely monitor peer-to-peer (P2P) networks to see if their copyrighted content (such as music, movies, and TV shows) is shared without their permission. If they detect an Optimum Online IP address sharing their content without their permission, they will inform Optimum, and Optimum will send an alert to the customer assigned to that IP (Internet Protocol) address.

As the primary account holder, you are responsible for making sure your Optimum Online service is not engaging in copyright infringement. These CAS Alerts are designed to:

  • Make account holders aware that this may have happened using their Internet connection.
  • Educate account holders on how they can prevent it from happening again.
  • Provide information about the growing number of ways to access digital content legally.

If instances of alleged copyright infringement continue, Optimum may temporarily suspend your Internet access for a set period of time, or until you contact Optimum.

 

What is the difference between a CAS Alert and an Other Alert?

At the Optimum.net Account Center, you can view a list of copyright infringement alerts associated with your account. Alerts are categorized as either CAS Alerts or Other Alerts.

CAS Alerts are copyright infringement alerts that are sent by content owners who are members of the Center for Copyright Infringement (CCI). CAS Alerts may result in a temporary suspension of Optimum Online service, however, CAS Alerts can be challenged through the independent review process established by CCI and available through the American Arbitration Association (AAA).

"Other Alerts" are copyright infringement alerts that are received from content owners that are not members of the CCI. Other Alerts are educational in nature and will not affect your Optimum Online service.

 

How do content owners know about my activity?

If you receive a CAS Alert, it means that a content owner, with the help of leading technology companies, has identified the IP address assigned to your Optimum account as participating in alleged copyright infringement(s) over P2P networks. Content owners and their partners can identify IP addresses but do not know the identity of the person who that IP address is assigned to. We will not disclose your personal information unless required by proper legal process.

For more information please see the CCI Privacy Policy.

 

What should I do if I receive a CAS Alert?

The CAS Alert you received is meant to educate you about digital copyright and the potential consequences of inadvertent or purposeful copyright violations through P2P networks. To avoid future notices, we recommend the following:

  • If you have been downloading or sharing content illegally please stop doing so immediately. 
  • Make sure that everyone who uses your Internet connection knows that you received this CAS Alert and advise them to use only legal sources for music, television, movies, and other copyrighted works.
  • Secure your home wireless network to help prevent unauthorized use of your Internet connection.

 

What alerts are eligible for challenge?

Only CAS alerts may be challenged. There is no need to challenge the first set of CAS Alerts you receive. These first CAS Alerts are simply meant to inform you of allegedly illegal activity that you may not be aware of.

After receiving 5 alerts, the first notice in each of the 5 alerts is eligible for challenge. A minimum of 3 alerts must be challenged.

After receiving 6 alerts, the first notice in the 6th alert is eligible for challenge.

 

Why can’t I challenge other copyright notices?

Other Alerts are educational only and are not subject to the CAS process.

 

When can I challenge CAS alerts?

The option to challenge CAS alerts is available within 14 days of the alert date after receipt of your 5th or 6th alert.

 

What happens if I don’t file a challenge?

Your Internet access will be temporarily suspended for 24 hours unless you call in to the Cablevision number provided on the notice.

 

On what basis can I challenge alerts?

Challenges are based on the following defenses that are applied as appropriate to each alert:

  1. Misidentification of Account - Your Internet connection has been incorrectly identified as one through which acts of alleged copyright infringement have occurred.

  2. Unauthorized Use of Account - The alleged activity was the result of the unauthorized use of your Internet connection, of which you were unaware and could not reasonably have prevented.

  3. Authorization - The sharing of the copyrighted material was authorized by its copyright owner.

  4. Fair Use - The reproducing of the copyrighted work(s) and distributing it/them over a P2P network is defensible as a fair use.

  5. Misidentification of File - The file in question does not consist primarily of the alleged copyrighted work at issue.

  6. Work Published Before 1923 - The alleged copyrighted work was published prior to 1923.

 

Who performs the review?

The American Arbitration Association (AAA) will provide arbitration services for the CAS. Further information is available at www.adr.org.

 

Do I have to pay to initiate a challenge?

Payment is required in most circumstances, but will be refunded if the review is concluded in your favor.

 

How do I initiate a challenge?

Challenges for alerts 5 & 6 can be initiated from the Alert Review page at the Optimum.net Account Center. An eligible alert will display a button to begin the process. You will automatically be directed to the American Arbitration Association web site to begin the process.

 

How will I be kept informed of the process?

Communications related to the review are sent directly by AAA and may be manually accessed by logging into their website.

 

Will anything happen to my Internet access if I file a challenge?

No, Optimum places a hold on any action pending the decision of AAA once a challenge has been successfully filed.

 

What happens when AAA renders its decision?

AAA will advise Optimum of the decision and one of two actions will be taken:

  • If the review is concluded in your favor for at least three of the five alerts, AAA will issue a refund for the filing fee, all alerts will be removed from your account, and no further action will be taken on your service.
  • If the review is not concluded in your favor, your Internet access will be temporarily suspended for 24 hours unless you call in to the Cablevision number provided on the notice.
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