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jebayo1

join:2007-09-21

Notice of Action under the Digital Millennium Copyright Act

Hello all:

I just recently received this email:

------------------------------
Notice of Action under the Digital Millennium Copyright Act

Abuse Incident Number: NA000000xxxxxxxx
Report Date/Time: Thu, 10 Sep 2007 07:23:30 -0700

{NAME AND
ADDRESS}

Dear Comcast High-Speed Internet Subscriber:

Comcast has received a notification by a copyright owner, or its authorized
agent, reporting an alleged infringement of one or more copyrighted works made
on or over Comcast's High-Speed Internet service (the 'Service'). The copyright
owner has identified the Internet Protocol ('IP') address associated with your
Service account at the time as the source of the infringing works. The works
identified by the copyright owner in its notification are listed below. Comcast
reminds you that use of the Service (or any part of the Service) in any manner
that constitutes an infringement of any copyrighted work is a violation of
Comcast's Acceptable Use Policy and may result in the suspension or termination
of your Service account.

If you have any questions regarding this notice, you may direct them to Comcast in
writing by sending a letter or e-mail to:

Comcast Legal Response Center
Comcast Cable Communications, LLC
650 Centerton Road
Moorestown, NJ 08057 U.S.A.
Phone: (856) 317-7272
Fax: (856) 317-7319
E-mail: dmca@comcast.net

For more information regarding Comcast's copyright infringement policy,
procedures, and contact information, please read our Acceptable Use Policy by
clicking on the Terms of Service link at »www.comcast.net.

Sincerely,
Comcast Legal Response Center

Copyright work(s) identified in the notification of claimed infringement:

Evidentiary Information:

Notice ID: XXXXXXX
Asset: Company
Protocol: eDonkey
IP Address: xx.xx.xx.xx
DNS: xxxxxxxxx.comcast.net
File Name:
File Size:
Timestamp: 08 Sep 2007 12:29:09 GMT
Last Seen Date: 08 Sep 2007 12:29:09 GMT
URL:
Username (if available):
----------------------------------

and I know there are many posts regarding this. However most have been sent a while ago. I was wondering if I should worry about this email or if it's alright to go ahead and delete the files and remove emule without further incident. Also, I was wondering if comcast could monitor what has been downloaded and uploaded using your IP address? Would they go and look at what you have dl/up in the past to see if you are violating the use policy? or would they start monitoring you from the time of infraction or would they just wait until they get another complaint. Any help with this would be greatly appreciated. Also what got me was the sentence:

Notice of Action under the Digital Millennium Copyright Act

What exactly is the Notice of Action, specifically, the action???


umeng2002

join:2007-06-13

1 edit

I don't think comcast tracks you. Some entity employed by the copyright holders found out about the download and told comcast to tell you to knock it off.

It just sounds like the warning letter. If they get more complaints, then they'll dump you or the copyright holders might sue you or something. I don't really know.


jebayo1

join:2007-09-21

Thanks for the reply. So Comcast does not keep a log of your activity? Should I contact Comcast, or should I just not worry and not download/upload?

All other replies are welcome and encouraged!!!



NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET
·Pacific Bell - SBC

1 edit

said by jebayo1:

Thanks for the reply. So Comcast does not keep a log of your activity?
Beyond what they require for normal network operations; probably not.
Should I contact Comcast, or should I just not worry and not download/upload?
You could contact them to tell them that you have deleted the files mentioned in the letter, if you feel like it. Otherwise, I don't see any need for contacting Comcast.

As for downloading; if you stay away from files under copyright protection, except when the distribution is authorized by the copyright holder, you should be fine.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

jebayo1

join:2007-09-21

Thanks for the reply. the problem with staying away from copyrighted material is you cant tell what is and is not freely distributable, so I guess I will assume it all is not freely distributable.

Thanks again and any other chime-ins are very welcome (I guess I need to have a reassurance that the FBI or CIA won't come banging on my door!)



jester121
Premium
join:2003-08-09
Lake Zurich, IL

Relax, and ignore it.

I didn't know they were sending these out via e-mail though, all the ones I got were US Postal mail.



NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET
·Pacific Bell - SBC
reply to jebayo1

said by jebayo1:

Thanks for the reply. the problem with staying away from copyrighted material is you cant tell what is and is not freely distributable, so I guess I will assume it all is not freely distributable.
It takes a bit of research to download in a reasonably safe manner. My first "pirated" download of music was from this site:

»www.kyoko.org/Extra-songs-e.html

The music is no longer available on published CDs. The guy running the site still has his notice that, if anybody who owns the copyright requests that he remove the music, he will. My favorite track is, "Try Your Luck Again", by Cindy. I don't recall which episode of the show it is from, but the song, and the mood of the episode is very poignant. The show is available on DVD in the U.S.A from Viz: Maison Ikkoku

In general, if the title is owned by one of the companies associated with the RIAA, the MPAA, or one other (I think) group, whose name eludes me, it is definitely not safe.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

peerimpact

join:2005-11-07
Londonderry, VT

You can download\upload from sites like Jamendo that Licences music under a Creative Commons licnece and use services like Joost that provide streaming TV via P2P .

As for the copyright infringement notice take heed of it and stop sharing that content and also stay off the network concerned because companies like Media Sentry that work for the copyright owners now have you flagged .

You got an infringement notice as required under the DCMA for redistrubing the content without the express permission of the copyright owner and Comcast have to comply with the DCMA to retain their neutral carrier status .Remember with p2p you download as well as upload to other peers.

Some Safe and Legal p2p Links
»creativecommons.org/
»www.jamendo.com/en/
»joost.com/presents/gigaom-newteevee/
»www.vuze.com/content/FeaturedContent.html
»www.legaltorrents.com/index.htm