Sounds a little fishy to me, when the ISP openly admits that they failed several times to notify the website of bandwidth problems.
Add to that the 1-hour notice of shutdown (with NO previous warnings, this looks even fishier), and a complete refusal to turn over the database (the ISP has now slid past 3 agreed-upon deadlines), and this comes across as a giant steaming pile of guano. The ISP has behaved in an unprofessional manner from start to finish; this is self-serving rationalization at best, out-and-out lies at worst.
Yes, lawyers are now involved, and there's the possibility of a real DMCA complaint being filed on the basis of copyrighted materials in the missing database.
Meanwhile, like a lotta other people I just downloaded the list. Mind you, it won't be used to do anything but take up space on my hard drive until I find out more about where it came from, but...
The ISP says he gave them 24+2 hours to remove the email in the post, plus 24 hours to bring the account up to date and to save the database. I admit he should have warned the site for bandwidth violations, but he could have just clamped down on the excesses. He didn't cave in to Baur; according to his post he told her to piss off.
The post on the Absolute Write site is half the story (or less), and many of the replies come across as snooty and elitist.
Instead of feeling outrage I'm more inclined to side with the ISP who comes across as a hard worker trying to keep his company going.
There's a slight twist on that last item, though, as tnh also pointed out already: They shut down AW and almost immediately started a competing site.
...um. Tasteless, to say the least; at least wait for a week.
In the meantime, I'll believe the ISP's side more once I've learned that they have given AW their data back, at least, so that they can restore stuff on another service provider. Unless there was something in the Terms of Service that stated that anything hosted on the ISP's servers becomes the ISP's property, but I'm rather dubious about that. For $DEITY's sake, even LiveJournal ToS says that what we write here is our property.
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Add to that the 1-hour notice of shutdown (with NO previous warnings, this looks even fishier), and a complete refusal to turn over the database (the ISP has now slid past 3 agreed-upon deadlines), and this comes across as a giant steaming pile of guano. The ISP has behaved in an unprofessional manner from start to finish; this is self-serving rationalization at best, out-and-out lies at worst.
Yes, lawyers are now involved, and there's the possibility of a real DMCA complaint being filed on the basis of copyrighted materials in the missing database.
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The post on the Absolute Write site is half the story (or less), and many of the replies come across as snooty and elitist.
Instead of feeling outrage I'm more inclined to side with the ISP who comes across as a hard worker trying to keep his company going.
no subject
...um. Tasteless, to say the least; at least wait for a week.
In the meantime, I'll believe the ISP's side more once I've learned that they have given AW their data back, at least, so that they can restore stuff on another service provider. Unless there was something in the Terms of Service that stated that anything hosted on the ISP's servers becomes the ISP's property, but I'm rather dubious about that. For $DEITY's sake, even LiveJournal ToS says that what we write here is our property.