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triggz4

join:2005-12-24
Gadsden, AL

1 edit

Comcast is spying on me!

I just got this in my email. I think its completely DISGUSTING that they are spying on me and think they have the right to assume I don't have this DVD in my personal collection already. Threatening to terminate me over a 20 year old muppet movie? PATHETIC.

What gives Comcast the right to monitor what I download?

quote:
Notice of Action under the Digital Millennium Copyright Act

Abuse Incident Number: NA000000XXXXXXX
Report Date/Time: Tue, 22 Aug 2006 23:20:06 -0700

XXXXXX XXXXXXX
XXX X XXX XX
XXXXXXX, XX XXXXX

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: Dark Crystal

Infringement Source: BitTorrent
Initial Infringement Timestamp: 23 Aug 2006 06:16:15 GMT
Recent Infringment Timestamp: 23 Aug 2006 06:16:15 GMT
Infringer Username:
Infringing Filename: The Dark Crystal DVDRip XVID/The.Dark.Crystal.DVDRip.XVID.avi
Infringing Filesize: 734238720
Infringers IP Address: XX.XXX.XX.XXX
Infringers DNS Name:
Infringing URL: Direct link removed by moderator.



china crisis

join:2003-05-28

Re-read the letter. COMCAST is NOT spying on you.



Morty7
Premium
join:2004-09-18
reply to triggz4

Actually, that wouldn't be Comcast spying on you, that would be the Music and Movie industry under the Digital Millenium Copyright Act.

"think they have the right to assume I don't have this DVD in my personal collection already"

They do, just as anyone does. Personally I don't think you do have this movie in your movie collection. Can you scan a copy of the case/take a picture of it and show proof of this? I'd just have to say that the majority of the movies downloaded online, are not downloaded by existing owners looking for backups, rather people looking to steal a copy. So the odds say....



Cthen

join:2004-08-01
Detroit, MI
Reviews:
·Verizon Wireless..

1 recommendation

reply to triggz4

said by triggz4:

quote:
Notice of Action under the Digital Millennium Copyright Act

Abuse Incident Number: NA000000XXXXXXX
Report Date/Time: Tue, 22 Aug 2006 23:20:06 -0700

XXXXXX XXXXXXX
XXX X XXX XX
XXXXXXX, XX XXXXX

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.
Sorry it's not Comcast like you hoped. It's the owners of the material in question who chose to exercise their rights.


CableTool
Poorly Representing MYSELF.
Premium
join:2004-11-12

2 recommendations

True-

They contacted Comcast about your sharing of their copyrighted material. Comcast contacted you on their behalf.

Keep downloading illegal files though!! You have the right to do whatever you want with your connection as so many around here have stated.

But dont get crazy loco when you get caught.
--
*´*)
¸.•´¸.•*') ¸.•*.
(¸.•´ (¸.•'
Technicians -Unplugged


DMS1

join:2005-04-06
Plano, TX
reply to triggz4

said by triggz4:

What gives Comcast the right to monitor what I download?
As others have said, it is not Comcast who are spying on you. However, I suspect that if you read the terms of service and acceptable use policy fully you will probably find that they do in fact have every right to monitor your activity through their network to at least some extent.

As always, if you don't like the conditions of a service then go elsewhere.

DMS1

join:2005-04-06
Plano, TX
reply to Morty7

said by Morty7:

Personally I don't think you do have this movie in your movie collection.
Actually, he could have the original because, if you read the notice he got, he was not downloading it but rather sharing it.


MrBradTX

join:2001-05-23
Carrollton, TX

said by DMS1:

said by Morty7:

Personally I don't think you do have this movie in your movie collection.
Actually, he could have the original because, if you read the notice he got, he was not downloading it but rather sharing it.
And, as I learned in Business Law in college a long, long time ago, you can't sell or give away something you don't own. Having a copy of a movie doesn't give you ownership of the moviel; it gives you a perpetual license to view the movie for personal non-commercial use.


dallas

join:2001-01-03
Oakley, CA

1 recommendation

said by MrBradTX:

said by DMS1:

said by Morty7:

Personally I don't think you do have this movie in your movie collection.
Actually, he could have the original because, if you read the notice he got, he was not downloading it but rather sharing it.
And, as I learned in Business Law in college a long, long time ago, you can't sell or give away something you don't own. Having a copy of a movie doesn't give you ownership of the moviel; it gives you a perpetual license to view the movie for personal non-commercial use.
Can't any clearer than that...
--
"Chance favors the prepared mind"

raccettura0

join:2002-09-28
USA
reply to triggz4

Wow, talk about trying to spin something against comcast.

I'm not comcast biggest fan, but I must admit that was pretty low. You read that notification, you know what it means.



SparkChaser
Premium
join:2000-06-06
Downingtown, PA
kudos:3
Reviews:
·Verizon FiOS
reply to triggz4

If I can, I like to leave the legal part of the thread. I think we all know what happened.

How do they do this, technically? Is the MM whatever setting up stings or monitoring the "Infringing URL"?

BTW - I the only D/L software I own is iTunes.



tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA
kudos:4
Reviews:
·Comcast
reply to DMS1

said by DMS1:

said by Morty7:

Personally I don't think you do have this movie in your movie collection.
Actually, he could have the original because, if you read the notice he got, he was not downloading it but rather sharing it.
Which would be even worse.
if Receiving stolen goods, it could be argued that you were unaware of the actual content.

Distributing the same, leaves no legal excuse.

Publicly complaining about being caught for knowingly distributing stolen property = Priceless is more likely to earn you a visit from the authorities (under direction of the MPAA)


owine
Premium
join:2002-08-29
Chicago, IL

1 edit
reply to triggz4

solution: dont download/share illegal stuff



99664227
Heavily MODerated
Premium
join:2002-11-21
USA
reply to triggz4

Read your the Comcast TOS and AUP. It goes in effect the day you have CHSI.

Enjoy.



ykronic
Premium
join:2006-01-31
Canada
reply to triggz4

LOL you got caught downloading copyrighted materials off the internet by the dmca and you're blaming comcast? They're not the ones threatening to cut you off for downloading illegal files, that'll be the government cutting you off along with slapping a hefty fine.


kithanas

join:2006-05-19
Madera, CA
reply to triggz4

Ehehehe...

You fell into a trap basically. Company that owns the rights notified Comcast, Comcast notified you.

Good luck!



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 SparkChaser

said by SparkChaser:

If I can, I like to leave the legal part of the thread. I think we all know what happened.

How do they do this, technically? Is the MM whatever setting up stings or monitoring the "Infringing URL"?

BTW - I the only D/L software I own is iTunes.
Isn't iTunes a network where you pay for material you download?

In any case, to address your question about how "they" do it, first understand that "they" would be the RIAA/MPAA, or their agents. What they do is to use common P2P applications, including BitTorrent clients, then go looking for sources of material which they hold the copyright on. Then they download said material, logging the IP addresses of any uploaders. Since the issue of copyright violation is unauthorized distribution of copyrighted material, these IP addresses are part of their evidence of offense, along with the title of the material. Also, because they, themselves, are downloading, they will be able to verify if the content is actually what it purports to be. Really pretty simple, pretty easy. The only way to foil it is to not participate in uploading, or try to ID their IP addresses and block their access (Peer Guardian is used for that).
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


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 edit

1 recommendation

reply to triggz4

If you used any of the common P2P applications to download the file, the fact that you already own the DVD is not a part of the equation. Your P2P client announced that you had that file for upload, and published your IP address for any party to access so they could download the file from you. An agent of the copyright holder of the DVD in question joined that network, and started downloading from your computer, including obtaining your IP address. When they downloaded enough of the file from your computer that they could assert in a court of law that you had that file on your computer, they sent Comcast a notice of unauthorized distribution of content. Comcast is obligated to contact you with a copy of that notice.

The only way to wiggle out of it is to prove that you did not have that file on your computer, were not uploading that file, or did not have that IP address at the time of the offense.

Fortunately, it is just a warning. You would need to be consulting with an attorney if you got a registered letter from the RIAA/MPAA via USPS; unless the RIAA/MPAA is now hiring process servers.

The lesson here is: Don't get caught uploading.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum



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 ykronic

said by ykronic:

LOL you got caught downloading copyrighted materials off the internet by the dmca and you're blaming comcast? They're not the ones threatening to cut you off for downloading illegal files, that'll be the government cutting you off along with slapping a hefty fine.
There is no way to catch downloaders, unless the RIAA/MPAA can hack servers. They catch uploaders because P2P clients have to announce the IP address of the source of the upload.

Because copyright protection is about controlling authorized distribution, being able to identify unauthorized distributors is the key to enforcement; P2P clients make that easy to do.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


business as usual

@live-servers.net
reply to triggz4

It's just Comcast fulfilling their legal responsibilities in regards to DMCA notifications sent to them from MPAA/RIAA/BSA etc..

You have three options.
1. dont download stuff
2. only download from trusted sources (private sites)
3. run your cable modem un-registered

I'm not going to go into the morals of any of the options. Everyone has their opinions, but i choose number three personally.



TOPDAWG
Premium
join:2005-04-27
Midland, ON
kudos:3
reply to triggz4

Go buy the Dark Crystal you cheap fool that is one fine damn movie.


hoyleysox
Premium
join:2003-11-07
Long Beach, CA
reply to triggz4

You could try telling them that it wasn't being shared from your computer. Tell them that you just found out that you never set a password on your wireless router and someone was freeloading your connection. Thank them for helping you figure out why your connection seemed so slow.

Or you could try saying that you got a computer virus and some hacker turned your computer into a filesharing zombie.


Schwinn555

join:2004-10-26
Portland, OR
reply to triggz4

Yes it is clear what has happened. Comcast has agreed to let people have access to your files so they can see what your downloading and looking at. There are still ISP's that refuse to share private info Comcast isn't one of them. Just one of a long list of reasons not to use Comcast.



JakCrow

join:2001-12-06
Palo Alto, CA
reply to triggz4

If this was a case of "sharing" your "copy" of this movie for your own use, you could have easily restricted remote access for yourself only. Guess that wasn't the plan, eh?



maartena
Elmo
Premium
join:2002-05-10
Orange, CA
kudos:3

1 edit
reply to triggz4

said by triggz4:

I just got this in my email. I think its completely DISGUSTING that they are spying on me and think they have the right to assume I don't have this DVD in my personal collection already. Threatening to terminate me over a 20 year old muppet movie? PATHETIC.

Infringement Source: BitTorrent
Initial Infringement Timestamp: 23 Aug 2006 06:16:15 GMT
Recent Infringment Timestamp: 23 Aug 2006 06:16:15 GMT
Infringer Username:
Infringing Filename: The Dark Crystal DVDRip XVID/The.Dark.Crystal.DVDRip.XVID.avi
You are using BitTorrent. No matter if you a 100 legally purchased DVD's of the movie in question, you are still not allowed to distribute parts of it.

And Bittorrent uploads while you download. No matter how you look at it, and how stupid YOU may think it is....

You broke the law. Period. Now take responsibility for it.

Oh and by the way, from Amazon.com on that movie:

80 used & new available from $6.74 (new $9.99)

--
"Any society that would give up a little liberty to gain a little security will deserve neither and lose both" -
Benjamin Franklin, Founding Father.

tainotopole

join:2004-11-11
Henderson, NV
reply to NormanS

said by NormanS:

said by ykronic:

LOL you got caught downloading copyrighted materials off the internet by the dmca and you're blaming comcast? They're not the ones threatening to cut you off for downloading illegal files, that'll be the government cutting you off along with slapping a hefty fine.
There is no way to catch downloaders, unless the RIAA/MPAA can hack servers. They catch uploaders because P2P clients have to announce the IP address of the source of the upload.

Because copyright protection is about controlling authorized distribution, being able to identify unauthorized distributors is the key to enforcement; P2P clients make that easy to do.
Easy way. Said party rents server and uploads movies/music/games and releases to warez websites then logs the IP's of everyone that accessed that file. So they can catch you downloading too.

And anyone that just outright Downloads movies or Popular music illegal is pretty ignorant.

3. run your cable modem un-registered
How do you do that?

scottfern

join:2006-06-06
Tinley Park, IL
reply to triggz4

Hi,

I just wanted to say I checked my Comcast mail and I have a very similar email. So I take it this is just a first warning? I don't really understand their ambiguity in regard to what happens on the next offense?

I just installed PeerGuardian. Does it really work?



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 edit
reply to hoyleysox

Click for full size
BT connected IP addresses.
Wouldn't work. From the OP:

"Infringement Source: BitTorrent".

BT uploads while it is downloading. In my screen shot, every IP address is downloading parts of the file from my computer, which means that I am uploading that file to them. If this was an RIAA/MPAA copyrighted file (it is not), then the RIAA/MPAA could get my IP address from their client, in this same fashion.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


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 Schwinn555

said by Schwinn555:

Yes it is clear what has happened. Comcast has agreed to let people have access to your files so they can see what your downloading and looking at. There are still ISP's that refuse to share private info Comcast isn't one of them. Just one of a long list of reasons not to use Comcast.
There is no such agreement. Your IP address is a public record. When you participate in a file share via P2P application, your IP address is announced to the world by that application. It is the nature of the TCP/IP network, and the P2P client. Comcast has nothing to do with this announcement of "private" data, because the IP address is not a private datum.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


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 tainotopole

said by tainotopole:

Easy way. Said party rents server and uploads movies/music/games and releases to warez websites then logs the IP's of everyone that accessed that file. So they can catch you downloading too.
Unless they are running the warez site, or the site feeds access data back to them, they can't access the IP addresses of the downloaders. In any case, making their goods available in that manner would be, legally speaking, "entrapment". You are not allowed to catch a crook by enticing him to commit a crime.
And anyone that just outright Downloads movies or Popular music illegal is pretty ignorant.
I think I will not get involved in a battle over righteousness.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum