Apollo729
join:2006-08-28
Avis, PA
| reply to eric87m
Re: Notice of Claim of Copyright Infrigement letter
This isn't as bad as it sounds I think, w/o knowing what he downloaded we can't say it is the RIAA who would sue him, I think what is likely here is that someone ran a hacked client and gathered IP addresses and sent out mass Copyright Infringement letters.
Little if anything will come from this as there is no real tangible evidence to take to court, just a few bytes that said yes that file is here; this was /. awhile back under Your Rights Online.
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Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
Benjamin Franklin, Historical Review of Pennsylvania, 1759 |
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RoCJester
join:2006-12-20
Pottstown, PA | 856-317-7272 - Number to the Abuse Dept. If you have any questions about any DMCA Letters or anything regarding your acct and copyright infringement. Contact them. |
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K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
 ·RoadRunner Cable
| reply to Apollo729
said by Apollo729  :This isn't as bad as it sounds I think, w/o knowing what he downloaded we can't say it is the RIAA who would sue him, I think what is likely here is that someone ran a hacked client and gathered IP addresses and sent out mass Copyright Infringement letters. This is almost certainly what happened.
said by Apollo729 :Little if anything will come from this as there is no real tangible evidence to take to court, just a few bytes that said yes that file is here; this was /. awhile back under Your Rights Online. And they did this for their own amusement or thinking that notifying the infringer would stop the infringement?
The evidence they likely have is a copy of the infringer's shared directory, and copies of files they downloaded from it containing material for which they or their clients own the license.
Plenty of evidence to obtain a judgement, except that they don't really need to go that far in most cases. Once the infringer obtains counsel and learns what it will cost to defend they pay up. |
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Apollo729
join:2006-08-28
Avis, PA
| said by K Patterson :And they did this for their own amusement or thinking that notifying the infringer would stop the infringement? Yes, that is what they think, that is why they fish for IPs and send letters, to scare people into not doing it. Notice how many people post here and else where that they got those letters and nothing came of it?
They don't have proof of anything, if they did, they would sue, but the manner in which we are describing, does not get them any evidence of anything, just a reply from an IP that yes that file is here and they then send a letter off to the ISP to scare people.
They contract this out, a real company does this, as I said, it was posted to /. and digg before, it may have been an Ars Technica article.
If you look at the public documents from trials it becomes clear that they are just printing off the list of files that the file sharing app displays as being in your share folder, we are just guessing here, but it doesn't seem likely they have such a list, the OP is most likely a victim of IP farming.
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Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
Benjamin Franklin, Historical Review of Pennsylvania, 1759 |
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K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable
| I'm not sure what you mean by IP farming, that's a new term to me.
If it is RIAA, they use a firm called Media Sentry, and that firm not only looks at the shared directory, they also look at the contents of the files to see if they contain infringing material. |
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Apollo729
join:2006-08-28
Avis, PA
edit:
May 30th, @05:37PM
| I thought I did thoroughly explain it.
What they do is use a hacked client that sends fake packets out, it acts as a real client, but, all it does is farm for IP addresses, then they send letters, lots and lots of letters, as the OP said, some people get 25 of them and nothing happens.
They do get false hits with this method though.
Farm or Farming of course comes from MMO farming, to gather endlessly one item(gold, ore, etc...) to sell it for real world gain. The way I used it was to say that they farm or harvest IP addresses.
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Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
Benjamin Franklin, Historical Review of Pennsylvania, 1759 |
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eric87m
join:2003-12-07
Princeton, NJ | ^Ok, should I tell them I deleted it, never downloaded it, or just ignore it completely?
It was a HD-DVD Rip, Patterson. (I figured they went for the Xvid downloaders first :P ) |
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Apollo729
join:2006-08-28
Avis, PA | Just ignore it, unless it ask for action, does it ask you to do anything? |
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eric87m
join:2003-12-07
Princeton, NJ
| No, apollo, same message that's all over the internet. Just says a copyright holder has notified Comcast of infringement, and states the file name and protocol.
Jbob, I usually use newsgroups too, I just didn't feel like paying for it this month, and look where it got me! |
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Rob916
@sbcglobal.net | I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again. |
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exocet_cm
Signal 26's Rock
Premium
join:2003-03-23
New Orleans, LA
clubs:  
·Cox HSI
 ·Network Telephone ..
·Suddenlink
 ·Cingular Wireless
| said by Rob916 :
I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again.
I've heard of people using their neighbor's connection for downloading copyrighted material...
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"I have measured out my life with coffee spoons..." - T.S Eliot
Ma Blog »www.johndball.com
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Toadman
How do you like these Apples
join:2001-11-28
Medina, OH
| reply to Rob916
said by Rob916 :
I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again.
Changing ISP's is the best thing you can do. I would of contacted comcrap already and told them where they could shove the letter, it isn't there business to police and if it is a "scare tactic" then they obviously don't consider you the customer 1, but someone else. Go with an ISP that won't report you or has a record of usually not reporting people. A small ISP would be perfect. |
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BillRoland
Premium
join:2001-01-21
Ocala, FL
clubs:
·Cox HSI
| said by Toadman :said by Rob916 :
I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again.
Changing ISP's is the best thing you can do. I would of contacted comcrap already and told them where they could shove the letter, it isn't there business to police and if it is a "scare tactic" then they obviously don't consider you the customer 1, but someone else. Go with an ISP that won't report you or has a record of usually not reporting people. A small ISP would be perfect. I could be mistaken but I believe they are required by the DMCA act to do something once they've been notified that one of their users is distributing copyrighted material.
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"Don't steal. The government hates competition." |
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tshirt
Premium
join:2004-07-11
Snohomish, WA
| reply to exocet_cm
said by exocet_cm :said by Rob916 :
I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again.
I've heard of people using their neighbor's connection for downloading copyrighted material... and if you sneak over at night, you can siphon gas from their cars, maybe slip your other bills in with theirs and they'll unknowingly pay them too. |
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hobgoblin
Sortof Agoblin
Premium
join:2001-11-25
Orchard Park, NY
clubs:
| reply to Toadman
"Changing ISP's is the best thing you can do. I would of contacted comcrap already and told them where they could shove the letter, it isn't there business to police and if it is a "scare tactic" then they obviously don't consider you the customer 1, but someone else. Go with an ISP that won't report you or has a record of usually not reporting people. A small ISP would be perfect."
Please go get a clue. The OP was NOT reported by Comcast, in fact no ISP reports people. Every ISP has to respond to an infringement reported by a copyright holder.
Geez
Hob
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"A foolish consistency is the hobgoblin of little minds."
- Ralph Waldo Emerson
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Morty
Premium
join:2004-09-18
| Under the Digital Millennium Copyright Act, ISPs must notify their customers if a copyright owner has claimed a customer with that ISPs IP address has downloaded portions of a copyright owned material, or they can be held legally liable. All ISPs will comply with this, because they do not want to get into lawsuits, and it is know that for the most part the RIAA etc, will not individually press most cases. |
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kados
Hail Odin
Premium
join:2003-03-14
Watertown, SD
·Midcontinent Commu..
·Qwest.net
| reply to exocet_cm
I've heard of people using their neighbor's connection for downloading copyrighted material...
wow...I wonder who does that???????
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09-F9-11-02-9D-74-E3-5B-D8-41-56-C5-63-56-88-C0 What is it? Is IT? What is it? |
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roztaylor
join:2000-10-21
Arlington, TX
·AT&T Yahoo
| reply to Morty
said by Morty :Under the Digital Millennium Copyright Act, ISPs must notify their customers if a copyright owner has claimed a customer with that ISPs IP address has downloaded portions of a copyright owned material, or they can be held legally liable. All ISPs will comply with this, because they do not want to get into lawsuits, and it is know that for the most part the RIAA etc, will not individually press most cases. Related question: My AT&T (SBC Yahoo) DSL account is setup as DHCP (i.e. I don't own/have a fixed IP address). When I do an IPCONFIG, it shows 10 minutes as the lifetime of the IP address. I typically reboot my PC a couple times per week. Each time I reboot, I receive a new IP address.
So, does my ISP maintain a log that shows which customer has which IP address at which time & date? Does this mean that I probably won't ever get this kind of letter, if I were to do that kind of activity--or am I going to get someone else's letter because I have the IP address that they used to have when they did the downloading. (Similar to the telephone calls we receive, asking for the people who had our telephone number before we did.)
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Choose to make it a good day... don't wait for something good to happen! |
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Apollo729
join:2006-08-28
Avis, PA
| They should have a log for 14 days I think, maybe longer, there is always logs on a server for troubleshooting issues, so far they aren't required by law to keep anything, but there is a push to store 2 years of logs, but, that won't happen.
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Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
Benjamin Franklin, Historical Review of Pennsylvania, 1759 |
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Nightfall
My Goal Is To Deny Yours
Premium,MVM
join:2001-08-03
Grand Rapids, MI
clubs:
 ·Site5.com
·AT&T Midwest
·Comcast
edit:
May 31st, @09:36AM
| reply to roztaylor
said by roztaylor :said by Morty :Under the Digital Millennium Copyright Act, ISPs must notify their customers if a copyright owner has claimed a customer with that ISPs IP address has downloaded portions of a copyright owned material, or they can be held legally liable. All ISPs will comply with this, because they do not want to get into lawsuits, and it is know that for the most part the RIAA etc, will not individually press most cases. Related question: My AT&T (SBC Yahoo) DSL account is setup as DHCP (i.e. I don't own/have a fixed IP address). When I do an IPCONFIG, it shows 10 minutes as the lifetime of the IP address. I typically reboot my PC a couple times per week. Each time I reboot, I receive a new IP address. So, does my ISP maintain a log that shows which customer has which IP address at which time & date? Does this mean that I probably won't ever get this kind of letter, if I were to do that kind of activity--or am I going to get someone else's letter because I have the IP address that they used to have when they did the downloading. (Similar to the telephone calls we receive, asking for the people who had our telephone number before we did.) I used to do contract work for an ISP and I can tell you they keep years of data on who gets what IP address. They aren't required by law to do so, but almost all major ISPs do it. In short, this won't work. 
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My Domain
Nightfall's Hockey and Life Journal |
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