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axelrose
Shelters saves Babies USA

join:2005-05-25
Chattanooga, TN

DMCA copyright E-mail from comcast? Help me please!

I received this email around 7am this morning. What is so sad is that I downloaded [3] movies that night and this was the 1st one...So I am concerned they will hit me with [2] more e-mails.

If I STOP downlading material will COMCAST keep me as a customer?

Should I call or write to express my Blazzing Decison not to EVER in the future download such material?

Help?
Below is the E-Mail
--
Notice of Action under the Digital Millennium Copyright Act

Abuse Incident Number: xxxxxxxxxxxxxxxx
Report Date/Time: Sat, 10 Jun 2006 20:16:58 -0700

MY NAME
AND ADDRESS HERE

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 »www.comcast.net.

Sincerely,
Comcast Legal Response Center

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

Title: Gladiator

Infringement Source: BitTorrent
Initial Infringement Timestamp: 11 Jun 2006 02:58:55 GMT
Recent Infringment Timestamp: 11 Jun 2006 02:58:55 GMT
Infringer Username:
Infringing Filename: Gladiator (2000) [ENG] [DVDrip]
Infringing Filesize: 1325694528
Infringers IP Address: xx.xx.xx.xxx
Infringers DNS Name: xx-xx-xx-xxx-xx
Infringing URL: »tracker2.torrentbox.com


MrBradTX

join:2001-05-23
Carrollton, TX
Don't download any more copyrighted works via BitTorrent.

Perhaps an attorney can comment on whether you should also delete the infringing works from your PC and reply/forward a response to dmca@comcast.net confirming that you have done so.

I mention the attorney because I'm unsure whether you responding to their email would constitute an admission of guilt and limit your chances should this get to court or an arbiter.


axelrose
Shelters saves Babies USA

join:2005-05-25
Chattanooga, TN
said by MrBradTX:

Don't download any more copyrighted works via BitTorrent.

Perhaps an attorney can comment on whether you should also delete the infringing works from your PC and reply/forward a response to dmca@comcast.net confirming that you have done so.

I mention the attorney because I'm unsure whether you responding to their email would constitute an admission of guilt and limit your chances should this get to court or an arbiter.
See, since receiving this e-mail, I have no intentions of downloading "anything" that is from a torrent/newsgroup or p2p.
I plan to, from now on, only download things legitimate like share/trialware from web sites.

I wonder if I expressed this to them they would give me another chance?
Or am I being over-paranoid?

someone else want to chime in?
thanks


Curado Kev
Premium
join:2003-12-17
Portage, MI
reply to axelrose
Chill out...

If you do enough searching on DMCA letters, you'll see were people have got 2-6 letters in a year and nothing has happened.

Just quit using torrent and IGNORE the letter. If you reply or hit any links , you admit guilt and then your up the creek.

Do some searching on other HSI forums on BBR and you'll see what I'm talking about.

CKev

KPunk3

join:2004-09-10
Moorestown, NJ
hmm dont download anymore, its not worth. Hmm i wonder what comcast has to do with Moorestown, NJ i live in moorestown.


axelrose
Shelters saves Babies USA

join:2005-05-25
Chattanooga, TN
reply to Curado Kev
said by Curado Kev:

Chill out...

If you do enough searching on DMCA letters, you'll see were people have got 2-6 letters in a year and nothing has happened.

Just quit using torrent and IGNORE the letter. If you reply or hit any links , you admit guilt and then your up the creek.

Do some searching on other HSI forums on BBR and you'll see what I'm talking about.

CKev
oK, So I got one letter I guess I can cruise but not cruise back to downloading like a fool.
It was just the, everybodies doing it, that got me started.

I guess my wallet needs opening, it's been a while.

thanks to all who answered me..


Curado Kev
Premium
join:2003-12-17
Portage, MI
reply to axelrose
Axel,

I got one 3 months ago and even though I've been downloading games and programs for 3 years. My first movie try and I get hit with DMCA letter. So I freaked and googled for about 3 days and realized no biggie. But I did quit Emule and switched to newsgroups. I call it a wake-up letter

Ckev


axelrose
Shelters saves Babies USA

join:2005-05-25
Chattanooga, TN
said by Curado Kev:

Axel,

I got one 3 months ago and even though I've been downloading games and programs for 3 years. My first movie try and I get hit with DMCA letter. So I freaked and googled for about 3 days and realized no biggie. But I did quit Emule and switched to newsgroups. I call it a wake-up letter

Ckev
What's funny is even most internet users know what usenet is, imagine what the MPAA/RIAA are doing? Exactly what "angle" will they use to trap people. There are also foriegn based newservers and a lot don't keep logs which is why people use them to begin with.

Oh well's

howrman

join:2000-07-08
Philadelphia, PA
reply to axelrose
While I applaud your decision to reform your "downloading ways," I think that you may have a few misconceptions about the notice you received.

First, strictly speaking, downloading did not get you in trouble. The DMCA violation to which the notice refers involves your uploading of infringing material. Of course, since BitTorrent automatically uploads the material that you've downloaded, this distinction is not of much practical significance. (On the other hand, your ignorance of this fact could constitute an interesting defense to a DMCA suit.)

Second, it is not likely that Comcast will terminate your account. While the e-mail refers to a violation of Comcast's "Acceptable Use Policy," and the possible suspension of your account, this appears to be boilerplate. Since the intellectual property on which you infringed did not belong to Comcast, Comcast doesn't really care much about the infringement. The notice was sent to you simply because the DMCA requires that Comcast do so when the copyright holder sends a notice to Comcast.

The real risk is that the MPAA could file suit against you seeking damages for your infringement. However, if you got caught infringing on only one work, this is not likely to happen. Historically, the MPAA has focused on people with many violations.

From the foregoing, I think the answer to your question is that there is no reason for you to respond to the message. Just don't do it again!!!


oldTDNickell5
Premium
join:2000-12-19
Federal Way, WA
If i remember correctly the magic number is three warning's before Comcast terminates.
I have read many of these threads in the last three years,but don't recall anyone being terminated as long as they removed the material in question and stopped the infringment.

howrman

join:2000-07-08
Philadelphia, PA
said by oldTDNickell5:

[I] don't recall anyone being terminated as long as they removed the material in question and stopped the infringment.
You're only half right. If you stop sharing, neither Comcast nor the MPAA have any way of knowing whether you've deleted the file. So, in reality, it makes little difference whether you delete the file.


NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:12
Reviews:
·SONIC.NET
·Pacific Bell - SBC
reply to axelrose
This is Comcast's response to a complaint from an agent for the copyright holder of the infringed work. It is a result of uploading, and your IP address was forwarded to Comcast. I seriously doubt that Comcast has done anything more than to log a violation of the TOS and warn you.

I would think that you could ignore the first notice; but should consider a response of compliance, without any admission of violation on a second notice.

If the complainant intends to seek redress under the law, they should take a different approach than to complain to Comcast about a TOS violation.

I wouldn't lose a lot of sleep over a TOS violation notice. Just make sure that you are no longer in violation of TOS.


WARNING: I am not a lawyer, nor do I play one on Television. Neither do I have any firsthand experience of these matters.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

Badonkadonk
Premium
join:2000-12-17
Naperville, IL
kudos:5
Reviews:
·Dish Network

1 edit
reply to axelrose
Advice boils down to this:

Stop sharing and download only--preferably dump p2p and use newsgroups. Whther downloading is illegal is still up for debate. But, the bottom line is that Usenet is safe for downloaders.

Do not respond to the email unless you are required to do so.


axelrose
Shelters saves Babies USA

join:2005-05-25
Chattanooga, TN
said by Badonkadonk:

Advice boils down to this:

Stop sharing and download only--preferably dump p2p and use newsgroups. Whther downloading is illegal is still up for debate. But, the bottom line is that Usenet is safe for downloaders.

Do not respond to the email unless you are required to do so.
I've used usenet for downloading since the early 1990s
Never got letters or warnings until I decided to download a full feature movie like Gladiator.

I need to rent more movies and make images :-D

THANKS guys