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knightry
I'm Not Fat, I'm Festively Plump

join:2002-05-06
Oviedo, FL

DMCA Violation

The primary e-mail on our Comcast account got this e-mail this morning, and I was wondering if anyone else has ever gotten anything similar, and whether or not I should be worried...

-----Original Message-----
From: Comcast Network Abuse [mailto:abuse-noreply@comcast.net]
Sent: Saturday, May 27, 2006 6:01 AM
To: Comcast Internet Subscriber
Subject: Notice of Claim of Copyright Infringement.

Notice of Action under the Digital Millennium Copyright Act

Abuse Incident Number: [deleted]
Report Date/Time: Fri, 26 May 2006 [deleted]

[Address deleted]

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 http://www.comcast.net.

Sincerely,
Comcast Legal Response Center

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

Title: [deleted]

Infringement Source: BitTorrent
Initial Infringement Timestamp: [deleted]
Recent Infringment Timestamp: [deleted]
Infringer Username:
Infringing Filename: [deleted]
Infringing Filesize: [deleted]
Infringers IP Address: [deleted]
Infringers DNS Name: [deleted]
Infringing URL: [deleted]

In case it matters, the subject content was an episode of a TV show.

--
It takes two to lie, Marge. One to lie, and one to listen.

nickcerda
Premium
join:2002-09-26
Gary, IN

I got one too.



SolarPup
Hardware God
Premium
join:2002-03-07
Greeley, CO
Reviews:
·Comcast
reply to knightry

This has been tackled enough here, people have got these before.. basically you've been caught (or someone from your IP address) sharing illegal songs or movies or shows. If you feel you didn't do the information, probably best to write back to the address provided with proof that you didn't.. but if you did, wipe the content from your drive, and don't let it happen again.. 1st time's not so bad, its if they catch you multiple times is when it gets nasty.
--
...I don't have a 8mb speedy connection, I fly through the net at low altitudes!



Rick
Premium,MVM
join:2001-02-06
Waterbury, CT
reply to knightry

said by knightry:

The primary e-mail on our Comcast account got this e-mail this morning, and I was wondering if anyone else has ever gotten anything similar, and whether or not I should be worried...

There have been many instances of people here at BBR saying they received this type of warning.

And, judging by news reports, some of these cases have been pursued by the RIAA and others.

I don't think that should equate though to you being worried about it. Concerned, yes, enough to delete the offending material assuming in fact you or someone with access to your account did Download it.
And concerned enough to be careful to not do it again, or at the very least, risk getting caught.

Obviously a lot of these warnings go out on a daily basis and there's no way the industry will ever prosecute them all, or even a needle in a haystacks worth compared to the file sharing going on out there. They'd need a legal team the size of the population of California to do that.
And so, these warnings are most likely intended to scare people into ceasing this kind of activity. What they probably do though is to first select from repeat offenders to go after, and use them as the example. And so, that's why you should take care in not doing that.

Personally, I wouldn't respond to anyone about anything at this point. An email from Comcast is hardly any kind of official notice of any further action being planned and until that day ever came, which I think is highly unlikely, then just let it blow over.

I would certainly delete the file though.
--
The life you help save just might be your own Team Discovery


knightry
I'm Not Fat, I'm Festively Plump

join:2002-05-06
Oviedo, FL
reply to knightry

Thanks for the input, guys.



blacksky

join:2003-02-08
Bonita Springs, FL
reply to knightry

What tracker were you using?


nickcerda
Premium
join:2002-09-26
Gary, IN

»inferno.demonoid.com:3389/announce


da sponge

join:2005-04-12
Philadelphia, PA
reply to knightry

a friend of mine just got a notice too - he was on demoniod as well.



knightry
I'm Not Fat, I'm Festively Plump

join:2002-05-06
Oviedo, FL

The infringing URL actually said tracker.grems.org:[file info].

Demonoid has their own trackers, don't they? Or is grems under them?
--
It takes two to lie, Marge. One to lie, and one to listen.



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 recommendation

The RIAA is reportedly not using DMCA for issuing subpoenas, now:

»www.eff.org/IP/P2P/riaasubpoenas/
»www.eff.org/IP/P2P/?f=riaa-v-thepeople.html

This is probably just a complaint to Comcast abuse, similar to spam complaints.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum



knightry
I'm Not Fat, I'm Festively Plump

join:2002-05-06
Oviedo, FL

Good to know. Thanks for the links.



J D McDorce
Premium
join:2001-12-29
Westland, MI
reply to NormanS

said by NormanS:

The RIAA is reportedly not using DMCA for issuing subpoenas
This is a result of the US Circuit Court December 2003 decision in RIAA v. Verizon, which ultimately led to the RIAA's current use of John Doe lawsuits to obtain information associating IP addresses with individuals.

As some what of a side note, while the MPAA makes common use of the notification provision of the DMCA (which I have previously referred to as a warning shot across the bow), there are few (if any) examples of such notifications by the RIAA (which tends to go directly after settlements).


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

said by J D McDorce:

This is a result of the US Circuit Court December 2003 decision in RIAA v. Verizon, which ultimately led to the RIAA's current use of John Doe lawsuits to obtain information associating IP addresses with individuals.
Should have been in the EFF links I posted; but, yes, that is the one.

Consequently, if the RIAA is really out to get you, there would be a postal delivery of a court-issued subpoena. That one should not be ignored.

A notice from Comcast should be taken as a TOS warning. The Comcast TOS does prohibit activity which violates copyright, and repeated complaints about the same IP address could result in a TOS action.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

sonny2

join:2005-11-26
Blaine, WA
reply to knightry

Question!!
These guys obviously got my ip address.If I use a router can they still get my ip?
Sonny



J D McDorce
Premium
join:2001-12-29
Westland, MI

said by sonny2:

These guys obviously got my ip address.If I use a router can they still get my ip?
In short, yes.


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 sonny2

said by sonny2:

Question!!
These guys obviously got my ip address.If I use a router can they still get my ip?
You are using a P2P file sharing application. Your IP address is known to the file sharing network. The router makes no difference. An anonymizing proxy might help; if it isn't being run by the RIAA.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


Cjaiceman
Premium,MVM
join:2004-10-12
Parker, CO
kudos:2
reply to knightry

One more thing you might want to try is changing the IP address every couple days. There is a trick to this, its not like DSL where a modem and router reboot will give you a new IP address. Comcast assigns IP's by MAC address, not user account. So when your router has its mac address sent to Comcast DHCP servers they give you an IP address, if you reboot the IP address doesn't change because the MAC didn't change. You will need to spoof a new mac in the router, then power cycle modem+router and you should have a new ip address. Also, when making up a MAC address, don't do like 11:22:33:44... If there is someone else on the same DHCP server with the same MAC address they will get confused and kick both of you off. I would think of something original, like just try typing a random assortment of letters and numbers.

If you use ANY P2P software to transfer copyrighted files I would recommend you do this, if not then there is no need and would be wasting your time.



knightry
I'm Not Fat, I'm Festively Plump

join:2002-05-06
Oviedo, FL

Would one need to change the MAC address on the cable modem to do that, or would changing the Router's MAC be sufficient to get a new IP assigned?
--
It takes two to lie, Marge. One to lie, and one to listen.



Cjaiceman
Premium,MVM
join:2004-10-12
Parker, CO
kudos:2
reply to knightry

On 99.99% of cable modems the MAC cannot be changed by the end user, but yes, changing the MAC of the router would be sufficient to getting a new IP, as long as you reboot the modem+router AFTER you change the MAC address.



knightry
I'm Not Fat, I'm Festively Plump

join:2002-05-06
Oviedo, FL
reply to knightry

Good to know, thanks for the info.



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 Cjaiceman

said by Cjaiceman:

One more thing you might want to try is changing the IP address every couple days.
I expect that Comcast would still know who had which IP address. If they can't track the assigned IP address by account, they are far too incompetent, and you should consider a better ISP.
...when making up a MAC address, don't do like 11:22:33:44... If there is someone else on the same DHCP server with the same MAC address they will get confused and kick both of you off. I would think of something original, like just try typing a random assortment of letters and numbers.
Being on the same DHCP server may not be necessary. What will happen is that you, (probably both parties) will get knocked into the "Walled Garden". At least, that seems to be the case, based on a posted thread elsewhere in this forum. When cloning a MAC address, one should only use a MAC address from a piece of networking equipment in one's possession. It need not be in use on the network. An old, dead NIC, which has not been discarded, would be sufficient.
If you use ANY P2P software to transfer copyrighted files I would recommend you do this, if not then there is no need and would be wasting your time.
Given the ability to trace IP addresses to accounts, I'd recommend against trading copyrighted material one is not authorized to distribute. Period. Unless one wants to use anonymizing proxies, and has faith that the proxy they are using is not being operated by the RIAA.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

jltray

join:2002-12-05
Douglasville, GA
reply to knightry

IP Address and MAC address. Just note:

Your cable modem which obtains the primary IP address from the provider (ComCast). This is based on the MAC address in the cable modem on the cable side of the connection. Your cable modem has 2 MAC address, 1 for the cable side and 1 for the computer/network. This is required for proper routing of the packets on a network.

Just changing the MAC on a router would only effect the local network (ie your home network).

If you have duplicate MAC address on the same network LAN or WAN the packets get confused on where to go and get lost.

Also when you install a new modem you have to call ComCast and give them the MAC address for the modem for it to be put into the system. I had to go buy a new modem because someone created a spoof MAC that matched mine and it did knock us both off the system most of the time. I could not get ComCast to fix it on their end and they paid me back for the new modem.



pipdipchip
8 Megabits A Second
Premium
join:2003-12-04
Hanover, MN
reply to nickcerda

Damn, I thought Demonoid being a private tracker wouldn't be monitored. Luckily I haven't been downloading much lately.
--
Webmaster of WRT54G.net - Official Microsoft MVP Longhorn Beta Tester



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

said by pipdipchip:

Damn, I thought Demonoid being a private tracker wouldn't be monitored. Luckily I haven't been downloading much lately.
If an agent of the RIAA can gain access to a private tracker, they can monitor the use of that tracker.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


knightry
I'm Not Fat, I'm Festively Plump

join:2002-05-06
Oviedo, FL
reply to knightry

Is the grems they referred to as the infringing url really Demonoid?
--
It takes two to lie, Marge. One to lie, and one to listen.



anon232323

@twtelecom.net

I got the letter too this morning from demonoid:

URL: »inferno.demonoid.com:3391/announce


K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
kudos:1
reply to jltray

Sorry, but your post is incorrect.

When you connect to a website, the IP that the website "sees" is the IP of your computer or your router, if you are using one. The cable modem is assigned an IP so that Comcast can access it as needed to update the configuration or firmware.

So far as your internet traffic is concerned, the moded is acting as a transparent bridge, and its details are unknown and unknowable so far as a remote web site is concerned.

Changing the MAC of the WAN side of your router or PC does indeed cause Comcast's DHCP server to assign a new IP, assuming that (as should be the case) your PC or router is configured to obtain a dynamic IP.



R4M0N
Brazilian Soccer Ownz Joo

join:2000-10-04
Glen Allen, VA
reply to Cjaiceman

said by Cjaiceman:

Also, when making up a MAC address, don't do like 11:22:33:44... If there is someone else on the same DHCP server with the same MAC address they will get confused and kick both of you off. I would think of something original, like just try typing a random assortment of letters and numbers.
Correct me if I'm wrong, but shouldn't that random assortment be restricted to 0-9 and A-F?


macrospect
All The Little Stuff
Premium
join:2005-08-25
Doylestown, PA
reply to knightry

K Patterson, that is Demonoids tracker address. It does not point towards a particular file.

R4M0n, you are correct. All MAC addresses are in HEX (0-9, A-F).


K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
kudos:1

I was respponding to jltray, not anon232323.

kip