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triggz
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: Comcast is spying on me! Re-read the letter. COMCAST is NOT spying on you. | |
| 
Morty
Premium
join:2004-09-18
| 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.... | |
| | DMS1
join:2005-04-06
Carrollton, TX
| Re: Comcast is spying on me! said by Morty  :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
 ·RoadRunner Cable
| Re: Comcast is spying on me! said by DMS1 :said by Morty :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
| Re: Comcast is spying on me! said by MrBradTX :said by DMS1 :said by Morty :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" | |
| | | | | russotto
join:2000-10-05
Collegeville, PA
| Re: Comcast is spying on me! said by dallas :Can't any clearer than that... Too bad it's false. Having a copy of a movie does not give you a perpetual license to view the movie for personal non-commercial use, though the copyright industry would like you to think that way. Rather, it gives you ownership of a copy of the movie. | |
| | | | | |
MrBradTX
join:2001-05-23
Carrollton, TX
·RoadRunner Cable
| Re: Comcast is spying on me! said by russotto :said by dallas :Can't any clearer than that... Too bad it's false. Having a copy of a movie does not give you a perpetual license to view the movie for personal non-commercial use, though the copyright industry would like you to think that way. Rather, it gives you ownership of a copy of the movie. You own the physical media on which the movie is recorded. You do not own the movie itself.
If I buy a copy of the latest John Grisham novel, I own the paper and ink, but I do not own the story. | |
| | | 
tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA
·Comcast
| said by DMS1 :said by Morty :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) | |
| | | 
CableTool
Poorly Representing MYSELF.
Premium
join:2004-11-12
| Re: Comcast is spying on me! 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
Carrollton, TX
| said by triggz :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. | |
| raccettura
join:2002-09-28
USA | 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. | |
| | | NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
 ·Pacific Bell - SBC
| Re: Comcast is spying on me! 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 | |
| | | | 
owine
Premium
join:2002-08-29
Salem, MA
1 edit | solution: dont download/share illegal stuff | |
| 
99664227
Heavily MODerated
Premium
join:2002-11-21
USA | Read your the Comcast TOS and AUP. It goes in effect the day you have CHSI.
Enjoy.  | |
| 
ykronic
Premium
join:2006-01-31
Canada
| 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. | |
| | NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
| Re: Comcast is spying on me! 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 | |
| | | tainotopole
join:2004-11-11
Henderson, NV
| Re: Comcast is spying on me! 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? | |
| | | | NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
| Re: Comcast is spying on me! 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 | |
| | | | | K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable
| Re: Comcast is spying on me! "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."
Absolutely correct, but there are two caveats:
If it is a criminal matter, you only have to avoid the enticement. You can, for example, put a cop out on the street pretending to be a hooker and get a conviction if he/she does nothing more than acquiesce to a john's solicitation.
If it is a civil matter, then it is katie bar the door. Enticement is lawful, and it is used often, or so I am told.
Not to take away in any way from a typically useful NormanS contribution!
Cheers,
Kip | |
| | | | | | NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
| Re: Comcast is spying on me! Yah but...I expect the defense could make a pretty decent stand on the fact that the complainant has made the material available at no charge, of their own free will.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
| | | | | | Tom Sawyer
join:2004-02-27
| quote:
"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."
Absolutely correct, but there are two caveats:
If it is a criminal matter, you only have to avoid the enticement. You can, for example, put a cop out on the street pretending to be a hooker and get a conviction if he/she does nothing more than acquiesce to a john's solicitation.
If it is a civil matter, then it is katie bar the door. Enticement is lawful, and it is used often, or so I am told.
Not to take away in any way from a typically useful NormanS contribution!
Cheers,
Kip
I've thought a lot about this tactic for catching downloaders. The problem I see with it is that if the copyright holders are putting material up for download, aren't they are implicitly authorizing people to download it? Which means it is no longer a crime?
--
A modern day warrior... | |
| | | | | | | K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable
| Re: Comcast is spying on me! Let's start with the fact that I am an engineer, not an attorney.
What I think/believe/guess is:
The copyright holder itself is not posting the works.
The works are fake.
The downloader sought out the site.
So the argument would go that the downloader knew/should have known that he had no rights to download, and that he was in fact trying to obtain their copyright works unlawfully. | |
| | | | | | | | Tom Sawyer
join:2004-02-27
1 edit | Re: Comcast is spying on me! Well, with the same caveat concerning my profession...
If it's not the copyright holder (or authorized party) then they are also in violation of the DMCA.
If the works are fake, then there is no crime.
Not sure if the DMCA covers intent; I would guess, "no"... but I'm not sure.
--
A modern day warrior... | |
| | | | | | | | | NormanS
Premium,MVM
join:2001-02-14
San Jose, CA | Re: Comcast is spying on me! Concur. | |
| kithanas
join:2006-05-19
Madera, CA | Ehehehe...
You fell into a trap basically. Company that owns the rights notified Comcast, Comcast notified you.
Good luck! | |
| NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
1 edit | 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 | |
| 
business as usual
@live-servers.net
| 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 | Go buy the Dark Crystal you cheap fool that is one fine damn movie. | |
| hoyleysox
join:2003-11-07
Long Beach, CA
·Cox HSI
·Time Warner Cable
| 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. | |
| |
See 7 replies to this post | |
Schwinn555
join:2004-10-26
Portland, OR
| 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. | |
| |
See 7 replies to this post | |
JakCrow
join:2001-12-06
Palo Alto, CA | 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
Stacked.
Premium
join:2002-05-10
Orange, CA
·RoadRunner Cable
1 edit | said by triggz :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. | |
| | Gaines
join:2004-10-07
Nashville, TN
| Re: Comcast is spying on me! You broke the law. Period. Now take responsibility for it.
I find it funny that you think things are so cut and dry yet have the sig that you do.
"Any society that would give up a little liberty to gain a little security will deserve neither and lose both" -
Benjamin Franklin, Founding Father.
Copyright law in it's current state is a perversion brought about by an industry's attempt to maintain their business model. These threats of legal action have nothing to do with actual morals or "intellectual property rights" and everything to do with protecting the interests of large corporations.
Just because something is made into law doesn't mean it's moral and just because a punishment is assigned doesn't mean it's just. | |
| | | DMS1
join:2005-04-06
Carrollton, TX
| Re: Comcast is spying on me! said by Gaines :You broke the law. Period. Now take responsibility for it.
I find it funny that you think things are so cut and dry yet have the sig that you do. "Any society that would give up a little liberty to gain a little security will deserve neither and lose both" -
Benjamin Franklin, Founding Father.
Copyright law in it's current state is a perversion brought about by an industry's attempt to maintain their business model. These threats of legal action have nothing to do with actual morals or "intellectual property rights" and everything to do with protecting the interests of large corporations. Just because something is made into law doesn't mean it's moral and just because a punishment is assigned doesn't mean it's just. I'm not a religious person, but I know that there is something in the bible called the ten commandments, one of which states "Thou shall not steal". Taking for free something that one would normally have to pay for, and for which others do pay, certainly seems immoral to me. | |
| | | |
TOPDAWG
Premium
join:2005-04-27
Midland, ON
·TekSavvy Solutions..
| Re: Comcast is spying on me! Not if I come up with a really good excuse on why I did it.
I love on-line thief's. IF they feel a company is screwing them they cry foul all day long but let them do it and they make up 200 reasons on why it's ok.
OH wait I'm sorry it's copyright law they're braking to be a thief means you have to take a object. | |
| scottfern
join:2006-06-06
Tinley Park, IL
| 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
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
2 edits | Re: Comcast is spying on me! said by scottfern :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? On the next offense, the RIAA/MPAA probably will might escalate the matter. They will go down to their courthouse and file a "John Doe" suit, with the particulars; IP address, file name, etc. All the information in the TOS warning you got from Comcast. They lost a court action to Verizon on appeal (Verizon refused to release customer information under the flimsy "DMCA subpoena"), so they will get a real subpoena. With a real subpoena, issued under judicial supervision, Comcast will have no choice but to release that information. Then they will either send you a registered letter, or send a process server, inviting you to join them in court. It will be a court in your city (that is what a real subpoena requires).
Unless they thing it is too expensive, and Or they might just file another complaint with Comcast. In which case, to protect themselves from RIAA/MPAA litigation, Comcast could well put a "Walled Garden" configuration on your cable modem.
I just installed PeerGuardian. Does it really work?
Probably not. It can only block IP addresses which the PG author has verified are used by RIAA/MPAA agents. I am pretty sure that they aren't so stupid as to try and track uploaders from the same six IP addresses. Not to mention that there are probably enough false positives to lock your P2P client out of the best download times; you will come across as "firewalled".
Your best defense is to not trade files copyrighted by the RIAA/MPAA members.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
| 
LarryE
join:2000-07-29
Chicago, IL
·Comcast
| I'm glad there are some people here with morals, and I applaud all of you for standing up for what is right. And then again, it appears there are some here who don't give a rats ass about anything or anyone but their greedy amoral selves. What a wonderful lesson your giving to readers of this forum. Go ahead steal and we'll even tell you how to do it so you don't get caught. Then you can be a big shot like us and can brag about how much you steal and get away with. It's no wonder this world is going to hell in a handbasket.
Let's see if the moderators censor this. | |
| | 
Mentat
The zeitgeist sucks
Premium
join:2001-02-25
Sugar Land, TX
1 edit | Re: Comcast is spying on me! said by LarryE :I'm glad there are some people here with morals, and I applaud all of you for standing up for what is right. And then again, it appears there are some here who don't give a rats ass about anything or anyone but their greedy amoral selves. What a wonderful lesson your giving to readers of this forum. Go ahead steal and we'll even tell you how to do it so you don't get caught. Then you can be a big shot like us and can brag about how much you steal and get away with. It's no wonder this world is going to hell in a handbasket. Let's see if the moderators censor this. Moral indignation over p2p is so 2001.
--
It is said that the two great sins are pride and hate. I elect to think of them as the two great virtues. To give away pride and hate is to say you will change for the good of the world.To vent them is more noble;the world must change for the good of you. | |
| | DMS1
join:2005-04-06
Carrollton, TX
| said by LarryE :I'm glad there are some people here with morals, and I applaud all of you for standing up for what is right. And then again, it appears there are some here who don't give a rats ass about anything or anyone but their greedy amoral selves. I'm actually pleasantly surprised about the morality of most people on these boards. There are a hardcore of posters who seem to advocate breaking the law where ever possible, but the majority of people here appear to appreciate and understand morals, ethics and the law. | |
| 
Vamp
5c077
Premium
join:2003-01-28
MD | Pay for a premium newsgroup service and never have to worry about this.
Bit torrent seems to be 90% safe with TV Shows (unless you are downloading a full season/dvd), but not for movies. | |
| |
See 7 replies to this post | |
| | (topic locked) | |
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