ThirdShifter
Premium
join:2002-03-16
Vernon Rockville, CT | reply to mario620
Re: Notice of Claim of Copyright Infringement
lol, will and grace? Just send them an email saying that .. i have comcast cable and the show is on TV.. god damnit.. and you dont watch the show. .god damnit..
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Saya anak malaysia |
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footballdude
Premium
join:2002-08-13
Imperial, MO | reply to mario620
Yeah, your real crime is that you watched an episode of Will & Grace. |
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b1gdr3
I Blame Your Mother
join:2001-07-28
Pittsburgh, PA
| reply to mario620
said by mario620  :Should I worry about this? What should I do about it? Yes, you should worry about it. Listening to these wannabe legal experts here can have your ass in a sling. Delete the file, uninstall bittorrent, and follow the Terms Of Service.
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I wasn't born with enough middle fingers. |
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joshpo
join:2002-09-24
Philadelphia, PA
| reply to mario620
File the letter, delete the file, and go about your business as normal. Comcast doesn't care if you use BT, they might disable your account for violations of TOS if they have to keep sending you letters or if you hog too much bandwidth. But they're not in the business of policing what you do, they only send those form letters to keep the copyright trolls happy. |
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cableties
Premium
join:2005-01-27
 ·Verizon FIOS
| reply to b1gdr3
Not trying to insult the OP, but you got caught. And it is very slight. You are distributing copyrighted material, illegally.
I'd be embarassed to even post that, let alone try to get convincing arguments that try to justify the illegal uploading/distribution of someone else's property.
Now, what did you learn?;) |
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cjb
join:2001-10-11
Washington, DC
| reply to manfmmd
said by manfmmd :Peer Guardian is worthless, for the most part. All that these companies need to do is install a few DSL lines (DHCP) into their facilities and the Peer Guardian IP Lists instantly become 95% useless. better than nothing |
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LaserjetXX
join:2004-03-13
Waterford, MI | reply to manfmmd
I seriously doubt that these companies will install seperate DSL lines in their facilities. There is much more "lower hanging fruit" to be had than dealing with a few people running IP block lists. |
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ET TU
Its' Only Temp
Premium
join:2005-05-21
Belvidere, NJ | reply to mario620
thank God for unsecure wifi lol |
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manfmmd
Premium
join:2003-01-14
Earth
clubs:
| reply to LaserjetXX
Either way Peer Guardian provides a false sense of security and is easily circumvented. These companies can also use TOR to get around Peer Guardian... There are many ways to get around Peer Guardian.
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huh? | AIM | Utopia does not exist. |
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Kaltes
Premium
join:2002-12-04
Los Angeles, CA
| reply to mario620
Re: No big deal, idle threats
said by mario620 : If I send the notice and state that I have deleted the file. I don't want to put myself in that hole. So I really don't know what to do in that case. Also can my isp scan my hard drive for other stuff? I have deleted everything that I can think of that could link me to more trouble. #1. Legally, the ISP should not be handing over your identity. Any notice they could have been given would be defective. This was settled by the RIAA v Verizon case. p2p activity is NOT vulnerable to DMCA 17 USC 512(h) notices. No one should be able to (legally) get your identity from your ISP as a result of p2p use.
#2. Do not send a counter-notice saying you deleted the file. The counter-notice must include your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
This counter notice is GIVEN TO THE COPYRIGHT HOLDER, making it easier for them to sue you, if they were so inclined. It makes little sense to provide a counter notice in the case of p2p.
#3. No, your ISP can NOT scan your hard drive.
#4. You should not overreact to this, the RIAA and its fellow copyright abusers prey on the ignorance and paranoia of good people who are doing nothing at all wrong by making use of the convenience of new technology the copyright holders refuse to embrace because the new technology makes it harder for them to manipulate and control the market.
said by mark_y_k :I don't know about comcast but Adelphia will give you a warning and the 2nd time you get complained on they will disconnect you i know 2 people i work with who were kicked off Adelphia for copyright infringement so if you have other choices for isp's don't worry about it I'm sure you could easily call up and get re-connected. Adelphia has NO INCENTIVE to kick off its own users. NONE. I highly doubt they have a company-wide policy of doing this, because it is against their business interests. Adelphia has NO LIABILITY for what its users do, they can legally ignore anything the RIAA et al. sends them.
said by Clever Name :I think owning a wireless router and claiming you're too ignorant to secure it properly would be a fairly good alibi. Some VERY evil copyright infringer must have hijacked my wireless connection and downloaded that horrible tv show. It is easier to merely say that other people have access to your computer, and that you did not download any such file. It would be impossible for them to prove you personally downloaded it, and unless they could do that, they lose and YOU get YOUR attorney's fees.
said by jap :Traditionally these notices go nowhere - especially on TV content. Sending a counter notice is a double-edged sword. On the one hand it firmly establishes that you received, read and comprehend the Comcast notice, thus removing the option to later play dumb about it. On the other it does place the onus back upon the copyright owner to escalate to the next level (supeona) if they want to pursue it. You may want to check what the EFF is currently recommending and go with that. Personally I would ignore it. Good luck sorting it out. Good advice, I would only correct one thing: the counter-notice hands the copyright holder everything they need to sue you on a silver platter. Even if they can't get your identity from the ISP (and they legally couldn't ANYWAY), you have now handed it to them. So, this is just a trick they are using to get your info from you.
said by J D McDorce :In addition, I am not aware of either a requirement or a practice by ISPs to notify their customers in the event that their identifying information be requested via subpoena. I don't know their policies, but they must notify you so that you can respond to the subpoena. The subpoenas are govered by the federal rules of civil procedure, in particular: »www.law.cornell.edu/rules/frcp/Rule45.htm
said by b1gdr3 :Yes, you should worry about it. Listening to these wannabe legal experts here can have your ass in a sling. Delete the file, uninstall bittorrent, and follow the Terms Of Service. If he follows "wannabe legal experts" he can still enjoy his downloads. If he follows "company shills" then he doesn't. As far as having his ass in a sling, can you point to ONE case where the RIAA took someone using p2p to trial and won? You can't, despite them filing lawsuits for YEARS. They make empty threats and manipulate people through ignorance and fear in order to extort money. If you ignore them, they have no power over you.
said by cableties :I'd be embarassed to even post that, let alone try to get convincing arguments that try to justify the illegal uploading/distribution of someone else's property. You are entitled to sheepishly follow the whims of the copyright cartel if that is your choice in life, but do not dare to pass judgment on those who resist them. Someone else's property? That is insanity. There is no real property involved. There is no theft involved. The only thing involved is a copyright cartel which routinely breaks the law to engage in price fixing and other monopolistic behavior, versus good people who refuse to go along with the cartel's tactics. If everyone just rolled over like you, iTunes would not exist. You'd be paying $20 for a music CD loaded with malware that screwed with your computer.
So don't try to condemn others when you are acting as a shill for a criminal cartel. |
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Combat Chuck
Too Many Cannibals
Premium
join:2001-11-29
Erie, PA
1 edit | said by Kaltes :If he follows "wannabe legal experts" he can still enjoy his downloads. If he follows "company shills" then he doesn't. So are you volunteering to cover his legal expenses if he follows your advice and is wrong? Throwing around terms like "company shills" should be reason enough to not follow your advice. With a few exceptions I don't think anyone here really cares if he continues to share files or not we're just warning him of the potential outcomes. I agree that if he does nothing different that there's little chance that anything bad will happen but the potential still exists. Pretending that the danger does not exist in the name of a crusade against the media is foolish.
You can tease a chained dog in relative safety, but at some point that dog might not be chained.
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He that winna lout an lift a preen wull nivver be warth a groat. |
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Red Dragon
Imagine BBR in 20 years
join:2005-04-30
Scarsdale, NY
| reply to mario620
Re: Notice of Claim of Copyright Infringement
Just make sure to write over that disk space a few times where the file is. This way if they do get a warrant you do not get busted and they have no evidence. Oh and this is not an example this thread that you tried to cover up your tracks since we the posts have no influences over the OP and the OP's statement may be completely fictional.
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You know that the heating is messed up when one room is 40 and the other is 106. |
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CableTool
Poorly Representing MYSELF.
Premium
join:2004-11-12 | reply to mario620
Will and Grace? What a way to go....:D |
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pokesph
It Is Almost Fast
Premium
join:2001-06-25
Sacramento, CA
clubs:
 ·Comcast
2 edits | NP: Hey OP did you happen to record that episode of will and grace, i missed it?
OP: yeah, i have here on my DVR / hard drive, why?
NP: can i borrow it so i can see what happened?
OP: sure, i'll send it right over.. here's a p2p link: [link]
NP: k, thanks man..
OP: anytime.
NP: Hey OP did you happen to record that episode of will and grace, i missed it?
OP: yeah, i have the tape here, still in my vcr, why?
NP: can i borrow it so i can see what happened?
OP: sure, i'll bring it right over.. (grabs tape out of vcr and goes to OP's house)
NP: k, thanks man..
OP: anytime.
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Webmaster Steve
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»ppnhosting.com
»sphenterprizes.com
»pokemonpalace.net |
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AWS
Long Time Gone
join:2000-07-01
Joliet, IL
| reply to CableTool
I got one of these because my son put a copy of Dawn of the Dead, a legal copy he bought and paid for, in his shared folder so all of us could watch it if we chose to. The shared folder is also his p2p folder where he shares his game cheats, all legal, with his friends. It was a mistake on his part. He moved the file to where he stores the other movies that he paid for.
Was he wrong in sharing the file even though he forgot it was in a public folder? Absolutely and he knows it.
I didn't reply to Comcast. My letter was worded a bit different. They said they took steps to block the file. What those steps were I don't know and that I should only contact them if the file was not being shared or if it was and is now removed to have the block removed.
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»ms-os.com |
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MrBradTX
join:2001-05-23
Carrollton, TX | reply to pokesph
Technically...both sharing the TiVo image and sharing a VHS are a violation of copyright. The difference is, the P2P share leave a trail of e-breadcrumbs. |
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b1gdr3
I Blame Your Mother
join:2001-07-28
Pittsburgh, PA
| reply to Kaltes
Re: No big deal, idle threats
said by Kaltes :So don't try to condemn others when you are acting as a shill for a criminal cartel. I'm neither a shill or a fool. Just because you don't like or agree with the law does not exempt you from having to follow it. I'd say encouraging people to say the hell with the law is n't the brightest way to go, but people are going to do what they are going to do. I sincerely hope the OP took the sane peoples advice on this matter.
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I wasn't born with enough middle fingers. |
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MrRuckus
join:2004-01-30
Portland, OR
| reply to pokesph
Re: Notice of Claim of Copyright Infringement
said by pokesph :NP: Hey OP did you happen to record that episode of will and grace, i missed it? OP: yeah, i have here on my DVR / hard drive, why? NP: can i borrow it so i can see what happened? OP: sure, i'll send it right over.. here's a p2p link: [link] NP: k, thanks man.. OP: anytime. NP: Hey OP did you happen to record that episode of will and grace, i missed it? OP: yeah, i have the tape here, still in my vcr, why? NP: can i borrow it so i can see what happened? OP: sure, i'll bring it right over.. (grabs tape out of vcr and goes to OP's house) NP: k, thanks man.. OP: anytime. Although it wasn't one person 'borrowing' a video tape. More like the Op had a line of people at his front door and he was handing an unknown amount of people a copy of the part of the episode he had on tape as he was getting the rest of the episode from x amount of others and they all had a device called the Bit Torrent tape joiner which joined all of the small parts into the full taped episode... basically distribution.
Dont distribute, and you'll be left alone. |
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Assault
join:2001-12-14
Garland, TX | reply to mario620
This is funnier than that time that guy got caught downloading Charmed.  |
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superht1
join:2001-02-22
Kennesaw, GA
 ·AT&T Southeast
| reply to Red Dragon
said by Red Dragon :Just make sure to write over that disk space a few times where the file is. This way if they do get a warrant you do not get busted and they have no evidence. Oh and this is not an example this thread that you tried to cover up your tracks since we the posts have no influences over the OP and the OP's statement may be completely fictional. I like your avatar, are you an anime otaku? |
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