| Second Bogus Notice of Claim of Copyright Infringement A couple days ago I received my second Notice of Claim of Copyright Infringement; the first arrived 31 days prior. Both claims are bogus--I don't use BitTorrent or anything else to download copyrighted material. I don't know whether or not I've been targeted by a copyright troll, or whether a neighbor has been piggy backing on my open network (I have two networks, one secure and one not). If it's the latter case, and somebody has been doing something illegal on my network without my knowledge, does that put me at risk? Surely I can host an open network in the spirit of Freedom and Openness and Community without assuming responsibility for every chump who sneaks on, right?
I've seen the text of the e-mail elsewhere on these forums, but I'll post it here anyway. This is the second message; the first was essentially the same but for the timestamps and the movie (Safe House).
Notice of Action under the Digital Millennium Copyright Act
Abuse Incident Number: NA00000XXXXXXXX
Report Date/Time: Fri, 6 Jul 2012 09:25:52 GMT
[MY NAME]
[MY 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 Customer Security Assurance
Comcast Cable Communications, LLC
1800 Bishops Gate Blvd., 3rd Floor East Wing
Mount Laurel, NJ 08054 U.S.A.
Phone: (888) 565-4329
Fax: (856) 324-2940
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 Customer Security Assurance
Copyright work(s) identified in the notification of claimed infringement:
Title: American Reunion
Infringement Source: BitTorrent
Infringement Source: BitTorrent
Initial Infringement Timestamp: 05 Jul 2012 21:13:30 GMT
Recent Infringement Timestamp: 05 Jul 2012 23:04:35 GMT
Infringing Filename: American Reunion [2012]ENG[BRRip]XviD-{RedDragon}
URL if applicable:
Infringing File size: 771008982
Infringers IP Address: XXX.XXX.XXX.XXX
Bay ID: ef4ff06ca8d8a08e60a0c12aae6d0f08ba45b454|771008982
Port ID: 34901 |
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 RobIn Deo speramus.Premium
join:2001-08-25
Kendall, FL
kudos:3 | No, you are responsible for the chumps who are connected to your open network, including the downloading/uploading of copyrighted material.
My advice is to shut down your open network immediately to prevent further problems.
You are lucky that they are only downloading copyrighted material -- and not child pornography!
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CheckSite.us | YourIP.us | Reverseip.us |
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 blakbas
join:2000-04-27
Woodbridge, VA | reply to MidniteRider
If you have a problem from within you house, you need to find out who and nip it in the bud fast. If you are running an open wifi network and it is able to be accessed outside your home that is another problem all together. This paragraph is from Comcast's AUP. Comcast could shut you down just for that reason I'm thinking.
(resell the Service or otherwise make available to anyone outside the Premises the ability to use
the Service (for example, through wi-fi or other methods of networking), in whole or in part,
directly or indirectly) |
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 JohnInSJPremium
join:2003-09-22
San Jose, CA
 ·PHONE POWER
 ·Comcast
| reply to MidniteRider
said by MidniteRider :somebody has been doing something illegal on my network without my knowledge, does that put me at risk?
Yes, because your internet connect is a residential one, you, the owner, are responsible. If you were an ISP, your users are responsible. Since you are not allowed to resell (or give away) your service, you are not an ISP, and hence anything that happens over your line is all you.
Secure your open network, because clearly someone nearby is torrenting over it.
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My place : »www.schettino.us |
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 PeteC2Got Mouse?Premium,MVM
join:2002-01-20
Bristol, CT
kudos:6
·Comcast
 ·AT&T Yahoo
| reply to MidniteRider
said by MidniteRider :Both claims are bogus--I don't use BitTorrent or anything else to download copyrighted material.
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Surely I can host an open network in the spirit of Freedom and Openness and Community without assuming responsibility for every chump who sneaks on, right?
You're kidding, right? More likely than not, neither claim is bogus.
If you are a home owner, and have a swimming pool, with no fence or gate limiting entrance, and a neighboring child comes on to your property and drowns in your pool, you are considered responsible!
If you knowingly leave your network open and unguarded, and someone hi-jacks it for illegal usage, then yes, you are responsible. Not only can Comcast shut you down, quite frankly, they should do so, because your open network is a "nuisance" to many other folks.
Not picking on you, but yes, all ISP customers have a reasonable obligation to safeguard their networks from potential abusers. You will find it alluded to in every TOS from every legitimate ISP.
It is not a bogus notice, and you really need to secure that network or shut it down.
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Deeds, not words |
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| reply to MidniteRider
You are 100% responsible for what ANYONE does on your OPEN, or closed for that matter, network.
Someone downloads something illegal on your network, it's your problem. Lock up the network because clearly someone is using it and doing things that are illegal and you don't want to take responsibility for.
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»www.VAJeeps.com |
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| Wow, a lot of responses in a short time.
First: I'm absolutely sure that neither I nor anybody in my household (a wife who never watches anything on her computer, two kids under 3) have downloaded this copyrighted material. So it would seem my naivete about having an open network is to blame.
I'm surprised that everybody is so convinced of my legal responsibility here. On the one hand, a crime is still a crime whether you're aware of it or not. And being complicit in a crime even if you're not the primary offender is a crime as well. But I should be liable for all activity that happens on my network without my knowledge....really? If I leave my car unlocked and somebody steals it to rob a bank, I'm not an accessory (though that would probably not be a fun day). Or more to the case....how 'bout if I'm watching a movie in the comfort of my home and somebody points a digitcam through an open window, makes a (probably not-so-great) copy, and redistributes it? Or if I'm playing my tunes in my backyard and some chump records it? What if, instead of logging onto an open wi-fi network, the same neighbor splices the wires outside the house, attaches their own splitter, and jumps on to my IP that way? @PeteC2: We're not talking about a negligent homeowner with a pool and dead children; we're talking about sharing access to 1's and 0's. My intention was to be able to share this access with friends/guests/babysitters, the same as I might share (legally obtained) movies or music.
Of course I have no interest in pursuing this any further (unless Comcast or the offended copyright holder does), but I'd be curious to know how it would go in court. From what I've read online it looks like it would largely depend on which judge you wind up with.
On behalf of Comcast, though, I can understand why they would want to restrict their users from opening up wi-fi networks. Open network is no more (and secure network restricted to only known MAC addresses).
And yes, glad there was no child porn. |
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Donut
join:2005-06-27
Romulus, MI Reviews:
 ·Sprint Mobile Br..
·Comcast
| reply to MidniteRider
I think the major isssue is there is a security issue on your network. Check to make sure any wireless connections are secured and you have firewalls up too. If you don't get a your being taken to court letter then your fine. Maybe Comcast screwed up.
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Mr. Donut
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 EGThe wings of lovePremium
join:2006-11-18
Union, NJ
kudos:9 | reply to MidniteRider
said by MidniteRider : What if, instead of logging onto an open wi-fi network, the same neighbor splices the wires outside the house, attaches their own splitter, and jumps on to my IP that way?
FWIW, this part doesn't and can't work that way. The modem that they use would have a different hardware MAC address so therefore it would pull a different WAN (public) IP address from CC than is yours. |
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 tshirtPremium,MVM
join:2004-07-11
Snohomish, WA
kudos:3
·Comcast
| reply to MidniteRider
said by MidniteRider : What if, instead of logging onto an open wi-fi network, the same neighbor splices the wires outside the house, attaches their own splitter, and jumps on to my IP that way? @PeteC2: We're not talking about a negligent homeowner with a pool and dead children; we're talking about sharing access to 1's and 0's. My intention was to be able to share this access with friends/guests/babysitters, the same as I might share (legally obtained) movies or music.
It's a matter of what a prudent individual would do.
Would a reasonable, cautious, person leave a loaded gun on the kitchen counter they untrained children or adults present?
Or be surprised it they left the keys in there car on a city street, if it was stolen? (in which you could be held liable for damage or injures caused during the joy ride.)
PeteC2  was alluding to an attractive nuisance, in that a reasonable person could be held responsible for allowing a situation to exist the COULD attract another in to harm's way, even if that other might knowing or unknowingly break the law before coming into danger.
It is not a all unusual to setup a second, "guest network" (in fact many newer routers have setting just for this) that offers (usually) limited access when you give them a password, but doesn't allow access to the main LAN other that say a printer or other peripherals. The password can be changed, and the guest net may only be offered at certain times.
Thus you have knowledge of and allow access ONLY to individuals you know and trust.
Just as you might loan your car to a friend, but probably not their 15 year old son. |
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| reply to MidniteRider
You are responsible for what happens on your network, however a recent court ruling ruled that an IP address alone is not a person, and ISP's cannot assume that the person paying for the service (and therefore the IP address) is the offending party. |
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| reply to MidniteRider
They are not bogus notices. They are notices in which you are going to be held responsible. Close your network. |
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blakbas
join:2000-04-27
Woodbridge, VA | reply to MidniteRider
said by MidniteRider :But I should be liable for all activity that happens on my network without my knowledge....really? If I leave my car unlocked and somebody steals it to rob a bank, I'm not an accessory (though that would probably not be a fun day).
The point is...Now you know about it. You could get away with saying I didn't know the first time, or maybe even the second. This is one of the reasons why you get warnings. It gives you a chance to correct the condition. Now that you have been informed twice, and still fail to correct an open network, yes you can be held accountable. Now to your point about robbing a bank with your stolen car. The first time its stolen because you leave it unlocked and a bank is robbed with it, shame on you. After the second time, shame on you again. After the 3rd time?, you may as well have been the get away driver. |
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 DaarkenRara AvisesPremium
join:2005-01-12
Southwest LA
kudos:3 | reply to MidniteRider
Your responsible, until proven innocent.
A local man was arrested on charges of downloading child porn last year. Turns out the guy was just like you, and had an open network. A neighbor noticed this and took real advantage of it.
Fortunately the investigators determined what was occurring and the charges where dropped and the real perv was caught.
But do you really want to go through the legal expense to find out?
Besides it might be against your ISP's TOS to run an unsecured wireless network.
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Getting it Done. |
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| reply to motoracer
said by motoracer:They are not bogus notices. They are notices in which you are going to be held responsible. Close your network.
This. The notice you posted is not bogus. It seems obvious that this is the result of operating an open network access point to your internet connection.
At the very least, you are responsible for ensuring that data being exchanged over your internet connection does not violate your ISP's terms of service. You don't get an exception for inviting random people to abuse your connection.
If you insist on running an open network, at least take some measures to discourage abuse. Some things I can think of:
- Use a router with Tomato/DD-WRT/OpenWRT/etc. that can show a splash screen to scare people away from abusing your connection. This is one thing that businesses offering free wi-fi commonly do, although it probably won't scare away someone who is trading in infringing content via someone else's (i.e. your) connection.
- Throttle the open connection's bandwidth so that it's fine for browsing but not worth using for downloading large files. You may be surprised to see how much data the piggybackers are leeching, and Comcast does have monthly caps. |
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| reply to MidniteRider
said by MidniteRider : Surely I can host an open network in the spirit of Freedom and Openness and Community without assuming responsibility for every chump who sneaks on, right?
just because you want to be the good neighbor, you'll leave something open for everybody to enjoy and or abuse...if you really want this good guy attitude, create a password for the "other" network you have for neighbors and pass on the password to everybody so you may well account for who's probably accessing it...YOU REALLY don't need to have an open wi-fi. hopefully this doesn't happen to you... » www.msnbc.msn.com/id/48018051/ns···tHpHNltM» arstechnica.com/tech-policy/2012···network/ |
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Reviews:
 ·AT&T U-Verse
| reply to MidniteRider
said by MidniteRider : If I leave my car unlocked and somebody steals it to rob a bank, I'm not an accessory (though that would probably not be a fun day). Actually in many jurisdiction that would land you a ticket... |
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| reply to Rob
said by Rob:No, you are responsible for the chumps who are connected to your open network, including the downloading/uploading of copyrighted material.
My advice is to shut down your open network immediately to prevent further problems.
You are lucky that they are only downloading copyrighted material -- and not child pornography!
According to this judge, the OP is not responsible.
»www.geekosystem.com/ip-address-i···ient-id/ |
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tshirtPremium,MVM
join:2004-07-11
Snohomish, WA
kudos:3 Reviews:
·Comcast
| However, this OP is obviously some what aware of security precaution as he has a secure AP and one He deliberately left open, (perhaps believing this would provide legal doubt.)
Even if not provably that he downloaded, he did facilitate someone else doing so. |
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JohnInSJPremium
join:2003-09-22
San Jose, CA Reviews:
·PHONE POWER
·Comcast
| reply to MidniteRider
Let us know when they cut off your network access for a year... and how your lawsuit goes. Because they will cut you off for a year after going thru the various notifications (6? so 4 left) for a year.
Violation of your TOS isn't going to work as a defense, as
1) it's not a legal action, you are not being sued
and
2) no one cares if the cat downloaded torrents while you were sleeping - after 1 or 2 notices you should get the cat off the keyboard.
Good luck.
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My place : »www.schettino.us |
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