PuZo6
join:2005-03-28
Canada
2 edits | reply to PuZo10
Re: [ Extreme] Rogers e-mail, infringing copyright
I dont use the program, so like I said it was onyl installed for 5 minutes. My problem is how do I treat the situation? Can I keep downloading normla stuff, Ie torrents, like games and movies, or does this mean they are watching me adn watchign what I am downloading.
This is my full e-mail that I got:
Dear (My name)
Rogers Cable (Rogers) has received a notice stating
that activities
associated with your IP address are infringing
copyright in material(s)
owned or exclusively licensed by others.
The relevant portions of the notice are appended to
this e-mail.
Under the Rogers Yahoo! Hi-Speed Internet End User
Agreement (EUA) and
Acceptable Use Policy (AUP), you are prohibited from
using the Rogers
Yahoo! Hi-Speed Internet service to engage in illegal
activities,
including activities that infringe copyright. Copies
of our EUA and AUP are
available at:
»help.yahoo.com/rogers
Where there has been a violation of our EUA and/or
AUP, including the
unauthorized distribution of copyright-protected
material, Rogers has
the right to take appropriate action against you.
If you have any questions about the attached copyright
notice, please
contact the sender of the notice using the contact
information provided
in the notice. Please do not reply to this e-mail.
We trust you will comply with our policies and all
applicable laws in
using the Rogers Yahoo! Hi-Speed Internet service.
Sincerely,
EUA Management Team
Rogers Yahoo Hi-Speed Internet
»na.edit.client.yahoo.com/rogers/···rm=terms
00233572
pect a reply, send a plain text email to
*****.*****@visualware.com]
-=-=--=-=-
Thats it, no IP, nothing. My greatest fear is, is Rogers gonna be watching me now? Or how serious is this. SHoudl I email the guy and what shoudl I say?
This is what I had in mind:
Hello. I would just like to understand clearly so there wont be anymore interuptions in the future. Could you explain to me the problem, and I would gladly do my best to fix this issue. Thank you for your time in reading my e-mail. |
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sbrook
Premium,Mod
join:2001-12-14
H0H 0H0
 ·Rogers Hi-Speed
Host:
Rogers
Bell Canada
| I doubt that Rogers will be "watching you" in as much as they won't be checking your activities themselves, but they might do something if they get another.
Since the notice is such junk, I'd do nothing. Hold onto the mail and leave it at that. If they come after you again, then ask them what you were supposed to do with that.
Where did you download that Visual product from? Since they have demos on their own site, it's kind of strange, unless they are holding cracks on their own site and nabbing people who go after the cracks. Which one might call entrapment. |
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pulp39
Premium
join:2003-01-28
Ottawa, ON
| LOL sbrook, there are cracks for every known program in the universe over the web, torrents, Sharaza, Usenet, Mirc, etc...
He, obviously needed the crack after the free trial or wanted the greater functionality...
--
"Rogers needs to buy the CN Tower and call it Rogers Tower. This way, TED can shoot laser beams out his ass to our modems when we go over 100 Gigs." - MoeB -LMFFAO!!! |
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sbrook
Premium,Mod
join:2001-12-14
H0H 0H0 | Well, he said he didn't use the program at all so we have to take him at his word.
Since visual distribute their programs far and wide, and going from demo to real is a matter of the key, then they must have seeded the crack. |
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Tyreman
join:2002-10-08 | reply to PuZo10
Maybe e-mail a mistake and meant for "someone" else.:D |
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Angelo_
The Network Guy
Premium
join:2002-06-18 | i'd ignore it aand avoid their crappy software they been doing this for 5 years now |
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PuZo6
join:2005-03-28
Canada | reply to PuZo10
So say I do keep downloading, would I get another warnign say from Rogers? Or would they, if they would just send me a lawsuit out of the blue? |
|
sbrook
Premium,Mod
join:2001-12-14
H0H 0H0
·Rogers Hi-Speed
Host:
Rogers
Bell Canada
| Again, it's almost nothing to do with Rogers.
Visualware sent a complaint to Rogers based on your downloading something from somewhere with your IP address. Rogers looked in their logs and saw the user with that IP address at the time was you. So, they forwarded the complaint to you.
All Rogers does is forward the message. BUT if you persist in downloading stuff that you aren't entitled to, then you risk another warning. I don't know how many warnings Rogers will forward until they disconnect you ... but it's probably a 3 strike and you're gone. Rogers won't take part in any lawsuit from Visualware for example, other than give over your name on a court order.
It really is up to you whether you want to carry on. |
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PuZo6
join:2005-03-28
Canada | reply to PuZo10
So if I do continue, download muhc less and stay away from visualware(liek I already am) I should be okay
And just out of curiosuity, if they do give my naem for teh court order, what would happen? Would i be sued?*this is just a big if |
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Wolfie00
My dog is an elitist
Premium
join:2005-03-12
| reply to PuZo10
Thanks for posting the complete email.
It looks like this was not related to tracing any download or upload activity, but indeed a "call-home" scenario. I base this on the fact that there is no download information given which is always the case when a trace has been done -- filename, date, time, download facility, etc.
In other words Visualware has no idea how you got their product, only that the thing called home and it looked like you appeared to be trying to run it illegally.
With the important caveat that I am not a lawyer and am just offering my opinion, the notice from Visualware carries the same legal weight as the contents of your cat's litterbox. There is no date, time, product info, nothing. Basically they sent Rogers an email saying you have been very bad and you should contact them 
Unfortunately what you need to worry about is the relationship with Rogers. As sbrook says we don't know how many of these infrigement notices they tolerate before they cut you off, but eventually they do. And the fact that the "evidence" is all B.S. is irrelevant, they can still cut you off and you really have no recourse. |
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PuZo6
join:2005-03-28
Canada | reply to PuZo10
I Honestly couldnt care less if they cut me off. Just as long as I dont get a lawsuit. Has anyone ever heard of ROgers beign part of a lawsuit due to downlaidng in anyway? |
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Angelo_
The Network Guy
Premium
join:2002-06-18 | reply to sbrook
its actually any 3 warnings and your out in your lifetime after a years suspection it gets reset |
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Wolfie00
My dog is an elitist
Premium
join:2005-03-12
| reply to PuZo10
Rogers wouldn't be "part" of any lawsuit, they're just the ISP -- a third party.
To the best of my knowledge no one in Canada has yet been sued for simple downloading of music, movies, or software, but that could always change. Rogers is not involved in any way except that they have liability if they don't respond to these kinds of notices, hence the possibility that with further infringements they could cut you off.
Bottom line: as things stand, I wouldn't worry about it. To be safe I just wouldn't press my luck any further  |
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Angelo_
The Network Guy
Premium
join:2002-06-18 | his prob is they know he stole the software... and they have proof... he is in a bad situation where i'd contact a lawyer.. and ask for advice |
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Wolfie00
My dog is an elitist
Premium
join:2005-03-12
| reply to Angelo_
said by Angelo_  :its actually any 3 warnings and your out in your lifetime after a years suspection it gets reset That's the stated policy for going over the bandwidth cap. Are you sure this is how it works with copyright notices? I've never seen any statement on this from Rogers. |
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Wolfie00
My dog is an elitist
Premium
join:2005-03-12
| reply to Angelo_
said by Angelo_ :his prob is they know he stole the software... and they have proof... he is in a bad situation where i'd contact a lawyer.. and ask for advice On this kind of issue, you contact a lawyer if and when you receive a summons.
An email like this is very, very common -- happens all the time. The guy is already worried, please don't make those kinds of statements without knowing what you're talking about. |
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PuZo6
join:2005-03-28
Canada
| lol dont worry, im quite active in teh scene. There are 100's of programs that call home to yoru isp if you use a blacklisted serial/crack. My onyl worry is If i continue downloading regular stuff, ie movies, games, coudl I get into more trouble. I know rogers wont be involved, but does this put me more at stake? Right now, im not downlaidng anything because I dont knwo what to think of the situation, If Rogers jsut simply chked for that IP, and it belonged to me, so they forward me to e-mail, if it as simpel as that I shoudl be okay. Once agian the onyl worry I have is, if I start to download of torrents(no applications) will I be prone to more e-mails like this>? |
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KyeU
join:2003-12-31
Canada
| reply to PuZo10
PuZo, I've read the email over, and here's my findings:
-it is certainly a valid email
-does not provide extensive proof that YOU violated the copyright law
-does not give you a definite action to take, just tells you to contact the person at the visualware.com address...
It's not serious, but at the same time, it's not just a warning  |
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w1zard
join:2001-12-22
Paradise, PA
| reply to PuZo10
Call me paranoid, but you have to be out of your mind, Puzo. You honestly have to ask if you should stop dling warez for a while? Chances are you will never hear anything else about that email, but is it a chance you are willing to take? I do believe I would at the very least make sure my pc and home was clean of any warez for a couple of months, and see what, if anything, develops from that email. |
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jagged
join:2003-07-01
Boynton Beach, FL
1 edit | reply to PuZo10
do not take the opinion of armchair lawyers as a fact or you'll end up regretting it.
Go the EFF site and ask for a referral to an attorney in your area, most of the time you'll get reduced-fee consultation.
You tell him/her everything including how you cracked the software and why, and the lawyer will tell you in just how much shit you've gotten yourself into.
Ignoring the letter and not following instructions as requested could land you in court and be proof-positive you did not care to remedy the situation even though you were given a chance!
Go to a lawyer |
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