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DataRiker
Premium
join:2002-05-19
00000
reply to basenji

Re: [MO] Shut down for DMCA, charged early cancellation.

said by basenji:

It seems to me he is guilty, knows it, and just doesn't want to pay the ETF.

The copyright holder is free to seek damages in a court of law. Why in the world should mediacom be involved at all?

I would take the ETF to small claims court. They are very sympathetic to this bullshit.

I took a telco twice and won both times because they didn't even show up.
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ctggzg
Premium
join:2005-02-11
USA
kudos:2
reply to basenji

Re: [MO] Shut down for DMCA, charged early cancellation.

said by basenji:

It seems to me he is guilty, knows it, and just doesn't want to pay the ETF. Other people started argue about spoofing and what not, when it clearly does not pertain to the OP.

That's nothing new. Most of the replies to the "I just got a letter" threads offer ways to hide illegal activity or otherwise avoid admitting mistakes and taking responsibility. They're no better than the bad drivers who "fight" tickets when they know they're guilty.


OldCableGuy

@communications.net
Or the drunks who refuse to blow because "it's my constitutional right" BS. These people are all scumbags, buttorrent and drunk driving both should be punishable by life in prison. And before anyone chimes in about downloading the latest linux distro through bittorrent, NO YOU DON'T.
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DataRiker
Premium
join:2002-05-19
00000
reply to OldCableGuy

Re: [MO] Shut down for DMCA, charged early cancellation.

said by OldCableGuy :

Or the drunks who refuse to blow because "it's my constitutional right" BS. These people are all scumbags

To sum up, they should be denied there constitutional due process and labeled as thieves and drunks without a chance to challenge their accusers.

Wow.


Lazy Senior

join:2012-01-10
Cobden, IL
kudos:1
Reviews:
·Mediacom
reply to ctggzg
said by ctggzg:

offer ways to hide illegal activity or otherwise avoid admitting mistakes and taking responsibility.

This seems to be the "American Way" and is learned from public figures like Politicians from both partys..


DataRiker
Premium
join:2002-05-19
00000

1 recommendation

There is a much bigger issue here. Copyright protections were never intended as they are used today, namely because it will never work. And we certainly shouldn't compromise our liberties to do so.

If an artist wants money he can perform, or produce hand crafted custom work for clients. This is what artists did for most of history and what is currently done in areas without overzealous copyrights (ie ASIA).

Nobody will stop making Medicine and research will go on unabated albeit in different ways.

The software/game industry has already figured it out so no point going into that.

People will still write books, poetry.

The sky wont fall. The copyright war is just as pointless as the war on drugs.


OldCableGuy

@communications.net
reply to DataRiker
Driving is not a right, it is a privilege. I am perfectly fine with taking someones ability to drive if they refuse to blow (covering up that they're drunk) or if they blow over the legal limit. No trial needed, just shred that drivers license on the spot. However we are so off topic here it'd be comical if it wasn't so sad.

You can quote the constitution all you want, and I admit I am surprised you have read more than the 2nd amendment, that being said, it doesn't matter as Mediacom is a private company and their choice to not to business with known pirate/theives is their right. Unless you are suggesting that Mediacom, as a private company, should be required to provide internet access to those stealing peoples IP without the ability to cut them off. But since Mediacom is a corporation, they're protected by the same Constitution you are such a so-called expert on.

The constitution would be great, if it wasn't about 200 years out of date.


SchmSte8

join:2000-09-02
Milwaukee, WI

1 recommendation

reply to OldCableGuy
said by OldCableGuy :

Or the drunks who refuse to blow because "it's my constitutional right" BS. These people are all scumbags, buttorrent and drunk driving both should be punishable by life in prison. And before anyone chimes in about downloading the latest linux distro through bittorrent, NO YOU DON'T.

Seriously? If you run Bittorrent you should be thrown in prison for life? What about Bittorrent DNA? Good grief! I should be thrown in prison for downloading stuff from Asus's website? My brother, when he downloaded a SWTOR, was also uploading stuff. This was through their own client. I suppose he should get imprisoned for life for legally purchasing the game and it doing peer-to-peer stuff. So yeah, people may not use it for downloading Linux distros, but there are other legitimate uses for it out there. And remember, if we pay for a license to use software, it makes no difference how we get it. I've lost Windows installation DVDs/CDs before and had gotten the key from the computer I was going to reinstall Windows on. Where should I go? Prison, obviously. Right?

And, it's kind of off topic, but breathalyzers aren't entirely accurate:

1) How you breathe can affect what it says your BAC is. If I remember right, the reasoning was that the alcohol laden portion of your breath is among the last to be exhaled, so if you hyperventilate or don't exhale all the way, you can lower what it says is the BAC.

2) It assumes a standard value for a couple things involved in the math. If your hemocrit happens to be lower you will read artificially high and vice versa. For men it's more or less in the middle. For women it's at the high end. It also assumes that there's a standard for how much alcohol someone would exhale per breathe as opposed to how much is in their blood. This also varies from person to person and can skew it one way or another.

I've known a few people that blew high, got arrested on suspicion of drunk driving, gave a blood test, then were told weeks later that the case was dropped because they were under the limit. The entire time they were out money for attorneys and looking around for the other insurance needed here. But hey, the breathalyzer showed that they were drunk, so shoot their rights to due process out the window. I mean, that's what you're saying, right?

They should spend the rest of their life in prison because of a reading by a device wasn't accurate. No harm done, except owing thousands to the attorneys, having their name besmirched, having their license suspended, and so forth. And those accused would have no way of contesting it without due process. So screw up their lives.

said by ctggzg:

They're no better than the bad drivers who "fight" tickets when they know they're guilty.

I've been driving now for admittedly few years. Its only about 11 years. In my family we have a farm and a cottage. Both of these are about 225-275 miles away from here. I've easily, in the span of a couple days, put on about 1000 miles on a few occasions. So, it's not really out of the question to say that I put on at least ~20k miles a year. Do you know how many accidents I've been involved in? 1. I picked up my car a month earlier and I was leaving school, it snowed, and I was rear-ended. Do you know how many times I've been pulled over? At least 6. Each time I was speeding. Do you know how many accidents I've avoided? Easily one every few months. I've caused no harm to anyone else that was out on the road and I've not caused any monetary damage to anyone. So label me a bad driver, or irresponsible if you want.

Coincidentally, I also happen to race carts and cars and can bore you to death with the dynamics of vehicular motion at speed. I've also taken people that couldn't pass a driving test to save their lives and managed to bring their results down 40 points or so in a couple weeks.

My point to both of you is that generalizations aren't always right. They can be wrong, and when they are, those that are harmed should have a right to remedial actions. If they have no way of knowing if they've been harmed, via due process, they can't possibly correct their harm, can they?


DataRiker
Premium
join:2002-05-19
00000

1 recommendation

reply to iwioow
Mediacom is basing a policy on an accusation that has no verification.

What a corrupt, immoral, and just plain bad policy to appease powerful corporate interests at the expense of us plebeians.

Shame on them.
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CR_Client

join:2005-02-04
Cedar Rapids, IA

Re: [MO] Shut down for DMCA, charged early cancellation.

said by iwioow :

I do not care that my service was turned off, I just feel it is ridiculous to pay an ETF for this. How do I get in touch with MediacomChad?

First, you must register an account for the forums. Then, use the Forum's Instant Message (or Private Message) feature to send a message to MediaComChad.

Or, use the MediaCom on MediaCom's website to get in touch with the Social Media team.
--
"Great spirits have always found violent opposition from mediocrities. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence." --Albert Einstein


skuv

@rr.com
reply to iwioow
said by iwioow:

Account was shutdown for DMCA violations, and we are being charged for cancelling early. Is there a way to avoid this fee?

You did something that broke the agreement between you and them. Of course you should be charged an early cancellation fee.


skuv

@rr.com
reply to DoctorX
said by DoctorX:

That is why all of us in the IT field facepalm when they say an ip address is tied to an account. The software to do this stuff is easily avail.

And the people who actually know how spoofing works and the limitations of it facepalm when so called IT professionals say stuff like this.

Spoofing an IP in an attack is easy, yes. Spoofing an IP and then somehow having that show up in a torrent list, not so possible.

You cannot setup a 2-way TCP communication without routing to the spoofed IP. Traffic isn't going to route to a spoofed IP source, unless you have hijacked actual ISP and backbone routers. Someone can not choose an IP out of thin air and put it in some "magical" software and make it look like they're downloading from that IP. That's not how spoofing works.

You can start ICMP and UDP attacks with spoofed IP sources because they don't need a connection. They don't send DMCA takedown notices for DDoS attacks from spoofed IP's.


skuv

@rr.com
reply to DataRiker
said by DataRiker:

A court should be deciding your guilt or innocence not an ISP. This is just overzealous BS from a company that likes to fuck over people.

Mediacom is probably the second worst ISP on Earth behind ATT.

Private companies can choose not to do business with whoever they choose. This has nothing to do with a court or the law.

It has to do with breaking an agreement that the customer had for service.


skuv

@rr.com
reply to DataRiker
said by DataRiker:

To sum up, they should be denied there constitutional due process and labeled as thieves and drunks without a chance to challenge their accusers.

Many stores do the same thing to shoplifters or bad check writers. Without these people ever being charged or going to court, their pictures are posted in stores just in case they come back in. They are asked to leave.

Any business has the right to do that.


pcdec1

@ptd.net
Mediacom has every right to terminate his service.

They shouldn't be able to charge an ETF because he was simply accused of breaking the law. I if he was sued and lost then they could charge him the ETF.

OP should win if he presses the issue.


DataRiker
Premium
join:2002-05-19
00000
reply to skuv
said by skuv :

Many stores do the same thing to shoplifters or bad check writers. Without these people ever being charged or going to court, their pictures are posted in stores just in case they come back in. They are asked to leave.

A better analogy would be a one shopper in the store shouts "thief" towards another shopper and the store kicks him out based on their word alone.

CR_Client

join:2005-02-04
Cedar Rapids, IA
said by DataRiker:

said by skuv :

Many stores do the same thing to shoplifters or bad check writers. Without these people ever being charged or going to court, their pictures are posted in stores just in case they come back in. They are asked to leave.

A better analogy would be a one shopper in the store shouts "thief" towards another shopper and the store kicks him out based on their word alone.

If that person had items in their coat, and it happened three times, then, yes, your analogy would be apt.

The OP has already admitted to being guilty of the DMCA violations, 3 times in 9 months. They're upset that they're getting charged an Early Termination Fee because their account was terminated for violating the TOS.

Without reading completely through the TOS, I can't say for sure if the TOS contains language warning that an ETF can be charged for violating the TOS or not.
--
"Great spirits have always found violent opposition from mediocrities. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence." --Albert Einstein


DataRiker
Premium
join:2002-05-19
00000

3 edits

1 recommendation

reply to iwioow
The OP said he received 3 DMCA notices. Three unverified accusations.

DMCA notice =! guilty.

My analogy is spot on. I find it amazing people comment on DMCA takedowns when they don't even know what it is. They had a guy who took down hundreds of videos he didn't own just by sending bogus DMCA takedowns on Youtube. Just to make a point.

A few good reads:

»www.google.com/#sclient=psy-ab&h···&bih=761


OldCableGuy

@communications.net
You keep using the word guilty like the guy is being charged criminally. Apparently this is miles over your head so I assume we should have this thread locked (as well). Sigh, you kids are adult enough to steal the movies, but not adult enough to fess up and admit what you are doing. Tisk, tisk.


DataRiker
Premium
join:2002-05-19
00000
Copy and paste does not equal stealing.

No matter how hard you try to spin it.

If I were to make an exact replica of your car could you call the cops and say I stole yours?

PCDEC

join:2004-10-12
Allentown, PA
Oh you know he would.


elios

join:2005-11-15
Springfield, MO

1 edit

1 recommendation

reply to DataRiker
seems some people still dont the difference in theft and infringement
and in this case alleged infringement
lets try some thing

Theft
1
a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property

Infringement
1
a breach or infraction, as of a law, right, or obligation; violation; transgression.

Alleged
3
: accused but not proven or convicted

so back to 5th grade here lets put this together now
Alleged copyright infringement means
An accused but not proven, breach or transgression of copyright.

are we clear now?
a DMCA take down notice is a case of civil Alleged copyright Infringement and is nothing more then a cease and desist order at best
now if the user ignores it (if its not fake/bogus) and contiunes to infringe then its up to the Rights holder to take them to CIVIL court and sue them
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DataRiker
Premium
join:2002-05-19
00000

4 edits

Re: [MO] Shut down for DMCA, charged early cancellation.

LOL!

How dare you "steal" an idea, method, or piece of knowledge!

The entire achievement that is the human experience is based on the flow of knowledge, ideas, and methods.

I submit that expecting an inordinate amount of time and royalty from obtaining a patent/copyright is more of an entitlement that one who wishes to use it openly and freely.

How dare you label people thieves you stupid troll.