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That is specific to the DMCA, not AUP violations in general.

DMCA notices typically go to the owner of the IP addresses and ISP's have wide latitude on how they enforce their AUP.

This isn't specific to the DMCA. Common carrier protections are for all criminal liability. It's basically a restatement of common sense -- if you don't know it was happening why should you be liable? But if you start acting like you are in control then a court gets to assume that you are in control.

https://www.law.cornell.edu/uscode/text/47/chapter-5/subchap...

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