eric87m
join:2003-12-07
Princeton, NJ
1 edit | Notice of Claim of Copyright Infrigement letter I received a email today from Comcast stating that they have received a notification from a copyright holder that I have infringed a copyrighted work.
The information of what I downloaded, when and how, is correct. They caught me red handed.
Other than what I just described there are no instructions on what to do right now.
If anyone can provide me with help on how to protect myself, and what steps I should take next, please let me know. Thanks. | |
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 lutherberry
join:2005-11-28
Keystone Heights, FL | Re: Notice of Claim of Copyright Infrigement letter Prepare to write a very big check | |
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| Hydroshock
join:2002-09-12
Colorado Springs, CO
| Re: Notice of Claim of Copyright Infrigement letter Well they can slap "copyrighted" on anything these days. The way the U.S. Copyright laws work, everything is copyrighted the moment it is written and doesn't need to be filed or anything. (including things as simple as emails). Problem is proving it was yours first without filing it.
On the other hand, they have to prove they suffered some sort of loss from what you did in some cases. So lutherberry said, prepare to write a big check or come up with some other compromise. Or whatever it is you downloaded, if you didn't upload anything, you could always try buying whatever it was they're trying to slap you with and scratch it up, play dumb and say you were trying to repair the disk with the new file. (I know it makes no sense to you, but to many not-so-tech-savy people it would  )
also I don't take responsibility for my stupid farfetched idea. | |
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| | DMS1
join:2005-04-06
Carrollton, TX
| Re: Notice of Claim of Copyright Infrigement letter said by Hydroshock  :Well they can slap "copyrighted" on anything these days. The way the U.S. Copyright laws work, everything is copyrighted the moment it is written and doesn't need to be filed or anything. (including things as simple as emails). Problem is proving it was yours first without filing it. That's not just a function of US law - it's the fundamental principle by which copyright works. Essentially, anything you create belongs to you and others can't just steal it or misrepresent it as theirs. Copyright is however a relatively weak instrument since it only applies to tangible creations and not ideas or concepts (which is where patents come in). | |
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Wayne99021
Premium
join:2004-12-28
Mead, WA | Re: Notice of Claim of Copyright Infrigement letter My neighbor got one of those letters last year.
When he called to inquire about it, he was told to knock off downloading from Lime wire and one other site.
He stopped using them and has not heard anything since. | |
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WickedWinter
join:2003-08-02
USA
2 edits | Re: Notice of Claim of Copyright Infrigement letter Comcast is telling you that you are violating their TOS. The copyright owner has reported your IP address to Comcast. You should stop, or if Comcast gets further reports, they may disconnect you.
This has nothing to do with writing a big check. This is a warning, not a lawsuit. | |
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K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
 ·RoadRunner Cable
| If the injured party wants to pursue your infringement, he will file an ex-parte (without informing the other party, whose name he doesn't know as yet) lawsuit against John Doe, serve your ISP and obtain your name. He will then sue you and offer to settle for some amount. If it is the RIAA, that will probably be $4500.
You can choose to defend. It will cost maybe $50 grand. You are not apt to win.
Here is a site with a lot of information:
»recordingindustryvspeople.blogspot.com/
What you do NOT want to do is reformat your hard drive. There's a good reason why damning documents and emails show up in law suits - because the evidence against the defendants is less damning than the act of destroying it. It converts a civil wrong into a serious felony.
Some folks will rail at the plaintiffs, and surely RIAA and the like deserve criticism. None of that changes your situation - you took something that was not yours to take (and offered to redistribute it, which is how you got caught - they have copies of your shared directory).
Best thing is to hope that you are not pursued. And, stop downloading!! | |
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axelrose
Ban Tornadoes
join:2005-05-25
Chattanooga, TN
·Comcast
| Re: Notice of Claim of Copyright Infrigement letter said by K Patterson :What you do NOT want to do is reformat your hard drive. There's a good reason why damning documents and emails show up in law suits - because the evidence against the defendants is less damning than the act of destroying it. It converts a civil wrong into a serious felony. Not trying to pick a fight BUT what if the person simply replaced the hard drive with a new one and put the old one in a nice acid bath or simply went to the local landfill?
The RIAA went so long knowing no one could afford a record duplicator and suddenly someone went and made evil magnetic tape recorders. They were caught off guard, then went to sleep for 20 years and complained no one woke them up in time.
I got 2 of those letters. Chewbacca defense.
--
"If you wait by the river long enough, the bodies of your enemies will float by." - Sun Tsu (544 – 496 BC) | |
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| | K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable
| Re: Notice of Claim of Copyright Infrigement letter said by axelrose :said by K Patterson :What you do NOT want to do is reformat your hard drive. There's a good reason why damning documents and emails show up in law suits - because the evidence against the defendants is less damning than the act of destroying it. It converts a civil wrong into a serious felony. Not trying to pick a fight BUT what if the person simply replaced the hard drive with a new one and put the old one in a nice acid bath or simply went to the local landfill? The RIAA went so long knowing no one could afford a record duplicator and suddenly someone went and made evil magnetic tape recorders. They were caught off guard, then went to sleep for 20 years and complained no one woke them up in time. I got 2 of those letters. Chewbacca defense. After you have been served it is a crime. Before you have been served it is simply stupid. Judges are not dumb. Ever heard of Arthur Anderson? That is exactly what they did, only with paper files. Bye bye company, leaders go to jail.
It is certainly reasonable to delete files that you shouldn't have downloaded, but do you really think that anyone can get away with denying that they did it? The ultimate sanction, by the way, is to be told that you may not offer a defense against the action. There is one defendant at present who did just what you suggested. Big mistake. The judge has already said in effect that she is a liar. | |
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axelrose
Ban Tornadoes
join:2005-05-25
Chattanooga, TN
·Comcast
| Re: Notice of Claim of Copyright Infrigement letter said by K Patterson :said by axelrose :said by K Patterson :What you do NOT want to do is reformat your hard drive. There's a good reason why damning documents and emails show up in law suits - because the evidence against the defendants is less damning than the act of destroying it. It converts a civil wrong into a serious felony. Not trying to pick a fight BUT what if the person simply replaced the hard drive with a new one and put the old one in a nice acid bath or simply went to the local landfill? The RIAA went so long knowing no one could afford a record duplicator and suddenly someone went and made evil magnetic tape recorders. They were caught off guard, then went to sleep for 20 years and complained no one woke them up in time. I got 2 of those letters. Chewbacca defense. After you have been served it is a crime. Before you have been served it is simply stupid. Judges are not dumb. Ever heard of Arthur Anderson? That is exactly what they did, only with paper files. Bye bye company, leaders go to jail. It is certainly reasonable to delete files that you shouldn't have downloaded, but do you really think that anyone can get away with denying that they did it? The ultimate sanction, by the way, is to be told that you may not offer a defense against the action. There is one defendant at present who did just what you suggested. Big mistake. The judge has already said in effect that she is a liar. A case exists where the defendant Replaced the Hard Drive?
Cane you cite please?
--
"If you wait by the river long enough, the bodies of your enemies will float by." - Sun Tsu (544 – 496 BC) | |
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| | | | K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable
| Re: Notice of Claim of Copyright Infrigement letter Motown vs. DiPietro
»www.ilrweb.com/viewILRPDF.asp?fi···sSumJudg
She threw the computer away - apparently. As you read through the ruling, you'll see that she kind of goes with the wind.
The concept is called Spoliation of Evidence. Wikipedia has a short article on it. | |
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axelrose
Ban Tornadoes
join:2005-05-25
Chattanooga, TN
·Comcast
| Re: Notice of Claim of Copyright Infrigement letter said by K Patterson :Motown vs. DiPietro » www.ilrweb.com/viewILRPDF.asp?fi···sSumJudgShe threw the computer away - apparently. As you read through the ruling, you'll see that she kind of goes with the wind. The concept is called Spoliation of Evidence. Wikipedia has a short article on it. It seems they were arguing if she LIED about throwing the computer out to the trash.
Then they wanted to see if she acted in good faith when she threw the computer away. Was she doing it to get rid of evidence or just throwing it away because it's her computer and she can do what she wants.
This all seems very convenient for the plaintiff's since the Lady is alone and has to jump through two hurdles just based on the 'custody of evidence'
I don't think average people should be required to understand the law-firm written laws regarding copyright laws, do you?
Most of these more recent laws took into consideration custody of evidence. What about encryption? I could see someone given a letter, responding saying they make it a regular habit to encrypt all data to protect themselves from government eyes.
They could prove, with dates, that they didn't 'just start' encrypting data but that it was a regular practice long before being given notice of copyright infringement.
I also don't like the Cigarette company like tactics of the Plaintiffs’ parties being allowed to bait servers with faked copies of music and movies.
They need to rewrite the entire case law on copyright infringement, and include a broad definition regarding internet and media piracy.
I don't think we should coddle people who break the law no more than we should encourage people to write laws too complicated for a person to avoid retaining a lawyer who's fees would be no less than $5K-$10K for a very simple and short matter as copyright infringement.
how bout you?
--
"If you wait by the river long enough, the bodies of your enemies will float by." - Sun Tsu (544 – 496 BC) | |
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Apollo729
join:2006-08-28
Avis, PA
| This isn't as bad as it sounds I think, w/o knowing what he downloaded we can't say it is the RIAA who would sue him, I think what is likely here is that someone ran a hacked client and gathered IP addresses and sent out mass Copyright Infringement letters.
Little if anything will come from this as there is no real tangible evidence to take to court, just a few bytes that said yes that file is here; this was /. awhile back under Your Rights Online.
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Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
Benjamin Franklin, Historical Review of Pennsylvania, 1759 | |
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| RoCJester
join:2006-12-20
Pottstown, PA | Re: Notice of Claim of Copyright Infrigement letter 856-317-7272 - Number to the Abuse Dept. If you have any questions about any DMCA Letters or anything regarding your acct and copyright infringement. Contact them. | |
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| K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable
| said by Apollo729 :This isn't as bad as it sounds I think, w/o knowing what he downloaded we can't say it is the RIAA who would sue him, I think what is likely here is that someone ran a hacked client and gathered IP addresses and sent out mass Copyright Infringement letters. This is almost certainly what happened.
said by Apollo729 :Little if anything will come from this as there is no real tangible evidence to take to court, just a few bytes that said yes that file is here; this was /. awhile back under Your Rights Online. And they did this for their own amusement or thinking that notifying the infringer would stop the infringement?
The evidence they likely have is a copy of the infringer's shared directory, and copies of files they downloaded from it containing material for which they or their clients own the license.
Plenty of evidence to obtain a judgement, except that they don't really need to go that far in most cases. Once the infringer obtains counsel and learns what it will cost to defend they pay up. | |
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| | Apollo729
join:2006-08-28
Avis, PA
| Re: Notice of Claim of Copyright Infrigement letter said by K Patterson :And they did this for their own amusement or thinking that notifying the infringer would stop the infringement? Yes, that is what they think, that is why they fish for IPs and send letters, to scare people into not doing it. Notice how many people post here and else where that they got those letters and nothing came of it?
They don't have proof of anything, if they did, they would sue, but the manner in which we are describing, does not get them any evidence of anything, just a reply from an IP that yes that file is here and they then send a letter off to the ISP to scare people.
They contract this out, a real company does this, as I said, it was posted to /. and digg before, it may have been an Ars Technica article.
If you look at the public documents from trials it becomes clear that they are just printing off the list of files that the file sharing app displays as being in your share folder, we are just guessing here, but it doesn't seem likely they have such a list, the OP is most likely a victim of IP farming.
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Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
Benjamin Franklin, Historical Review of Pennsylvania, 1759 | |
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| | | K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable
| Re: Notice of Claim of Copyright Infrigement letter I'm not sure what you mean by IP farming, that's a new term to me.
If it is RIAA, they use a firm called Media Sentry, and that firm not only looks at the shared directory, they also look at the contents of the files to see if they contain infringing material. | |
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| | | | Apollo729
join:2006-08-28
Avis, PA
1 edit | Re: Notice of Claim of Copyright Infrigement letter I thought I did thoroughly explain it.
What they do is use a hacked client that sends fake packets out, it acts as a real client, but, all it does is farm for IP addresses, then they send letters, lots and lots of letters, as the OP said, some people get 25 of them and nothing happens.
They do get false hits with this method though.
Farm or Farming of course comes from MMO farming, to gather endlessly one item(gold, ore, etc...) to sell it for real world gain. The way I used it was to say that they farm or harvest IP addresses.
--
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
Benjamin Franklin, Historical Review of Pennsylvania, 1759 | |
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| | | | | eric87m
join:2003-12-07
Princeton, NJ | Re: Notice of Claim of Copyright Infrigement letter ^Ok, should I tell them I deleted it, never downloaded it, or just ignore it completely?
It was a HD-DVD Rip, Patterson. (I figured they went for the Xvid downloaders first :P ) | |
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| | | | | | Apollo729
join:2006-08-28
Avis, PA | Re: Notice of Claim of Copyright Infrigement letter Just ignore it, unless it ask for action, does it ask you to do anything? | |
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| | | | | | | eric87m
join:2003-12-07
Princeton, NJ
| Re: Notice of Claim of Copyright Infrigement letter No, apollo, same message that's all over the internet. Just says a copyright holder has notified Comcast of infringement, and states the file name and protocol.
Jbob, I usually use newsgroups too, I just didn't feel like paying for it this month, and look where it got me! | |
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Rob916
@sbcglobal.net | Re: Notice of Claim of Copyright Infrigement letter I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again. | |
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tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA
·Comcast
| Re: Notice of Claim of Copyright Infrigement letter said by exocet_cm :said by Rob916 :
I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again.
I've heard of people using their neighbor's connection for downloading copyrighted material... and if you sneak over at night, you can siphon gas from their cars, maybe slip your other bills in with theirs and they'll unknowingly pay them too. | |
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kados
Hail Odin
Premium
join:2003-03-14
Watertown, SD
·Midcontinent Commu..
 ·Qwest.net
| I've heard of people using their neighbor's connection for downloading copyrighted material...
wow...I wonder who does that???????
--
09-F9-11-02-9D-74-E3-5B-D8-41-56-C5-63-56-88-C0 What is it? Is IT? What is it? | |
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Toadman
How do you like these Apples
join:2001-11-28
Medina, OH
| said by Rob916 :
I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again.
Changing ISP's is the best thing you can do. I would of contacted comcrap already and told them where they could shove the letter, it isn't there business to police and if it is a "scare tactic" then they obviously don't consider you the customer 1, but someone else. Go with an ISP that won't report you or has a record of usually not reporting people. A small ISP would be perfect. | |
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BillRoland
Premium
join:2001-01-21
Ocala, FL
clubs:
·Cox HSI
| Re: Notice of Claim of Copyright Infrigement letter said by Toadman :said by Rob916 :
I received one of those 3 years ago. I ignored it and kept on doing what I was going and never heard anything again. I've changed ISP's recently but never again heard from Comcast again.
Changing ISP's is the best thing you can do. I would of contacted comcrap already and told them where they could shove the letter, it isn't there business to police and if it is a "scare tactic" then they obviously don't consider you the customer 1, but someone else. Go with an ISP that won't report you or has a record of usually not reporting people. A small ISP would be perfect. I could be mistaken but I believe they are required by the DMCA act to do something once they've been notified that one of their users is distributing copyrighted material.
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"Don't steal. The government hates competition." | |
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hobgoblin
Sortof Agoblin
Premium
join:2001-11-25
Orchard Park, NY
clubs:
| "Changing ISP's is the best thing you can do. I would of contacted comcrap already and told them where they could shove the letter, it isn't there business to police and if it is a "scare tactic" then they obviously don't consider you the customer 1, but someone else. Go with an ISP that won't report you or has a record of usually not reporting people. A small ISP would be perfect."
Please go get a clue. The OP was NOT reported by Comcast, in fact no ISP reports people. Every ISP has to respond to an infringement reported by a copyright holder.
Geez
Hob
--
"A foolish consistency is the hobgoblin of little minds."
- Ralph Waldo Emerson
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Morty
Premium
join:2004-09-18
| Re: Notice of Claim of Copyright Infrigement letter Under the Digital Millennium Copyright Act, ISPs must notify their customers if a copyright owner has claimed a customer with that ISPs IP address has downloaded portions of a copyright owned material, or they can be held legally liable. All ISPs will comply with this, because they do not want to get into lawsuits, and it is know that for the most part the RIAA etc, will not individually press most cases. | |
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See 8 replies to this post |
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Maarvin
Premium
join:2005-04-11
Denver, CO
·Comcast
| Forget it and be thankful that all you got was a letter from Comcast. This is the risk that all P2P users take when they download movies, music, etc.
It is legal to download. It is not legal to upload; this is distributing copyrighted material. Try to find a site that won't shut you down if you don't keep your ratio to ~1:1 and shut off your upload. | |
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| | | | | | | K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable
| Re: Notice of Claim of Copyright Infrigement letter said by Maarvin :It is legal to download. And where does this appear in the law?
It is just as illegal as sharing. Just a lot harder to catch you at it. | |
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Morty
Premium
join:2004-09-18
| Re: Notice of Claim of Copyright Infrigement letter said by K Patterson :said by Maarvin :It is legal to download. And where does this appear in the law? It is just as illegal as sharing. Just a lot harder to catch you at it. It is illegal to download copyrighted material in the US. Even if you own a copy of a movie for example, it is still illegal to download the movie, as the rights sold to you are for the DVD. Legally, you can create a backup copy, given that it is not shared to anyone else. In Canada, the copyright laws are more slack, and state that it is not illegal to download copyright material given that the material being downloaded is being used for personal or educational uses, and that it is not sold or redistributed in any form. Therefore, in the US it is illegal to download or upload, and in Canada it is legal to download material (pending it is for personal/educational use), however it is illegal to upload any of the data. The US Government and movie/music industry have been pushing for the Canadian Government to change this legislation. | |
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| | | | | | | | NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
| said by K Patterson :said by Maarvin :It is legal to download. And where does this appear in the law? It is just as illegal as sharing. Just a lot harder to catch you at it. I have never been able to find the law which explicitly makes downloading illegal. I've always assumed it is like the law against cannibalism; there is no such law. You can legally eat human meat as long as you don't violate some law such as the prohibition against killing humans, or committing mayhem on their corpses.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
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jbob
Reach Out and Touch Someone
Premium
join:2004-04-26
Little Rock, AR
·Comcast
·AT&T Southwest
| Re: Notice of Claim of Copyright Infrigement letter said by NormanS :said by K Patterson :said by Maarvin :It is legal to download. And where does this appear in the law? It is just as illegal as sharing. Just a lot harder to catch you at it. I have never been able to find the law which explicitly makes downloading illegal. I've always assumed it is like the law against cannibalism; there is no such law. You can legally eat human meat as long as you don't violate some law such as the prohibition against killing humans, or committing mayhem on their corpses. I tend to agree with that. It is obvious the RIAA only seems to go after those that have limited knowledge of what is going on with their P2P software. The term download has become the buzzword for the industry even though the actual downloading is probably not the crime. The crime is providing your downloads to others called Distribution. The assumption is that if you are downloading it(a song for instance) then you by default must by uploading it too which is not always the case.
The differences here are between Criminal law and Civil law in regards to theft by possession/receiving. In other words we don't care how you got, just don't provide it to anyone else. | |
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FiL
Premium
join:2005-08-16
Silver Spring, MD
| "The evidence they likely have is a copy of the infringer's shared directory, and copies of files they downloaded from it containing material for which they or their clients own the license"
You mean the copyright holder hacked his way onto this persons computer, looked through the files in said directory JUST to find his one or two copyrighted works? I think THAT is a more offensive act to perform then downloading copyrighted material. lol. crazy. | |
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| | | NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
| Re: Notice of Claim of Copyright Infrigement letter
Peers showing...sort of. |
said by FiL :"The evidence they likely have is a copy of the infringer's shared directory, and copies of files they downloaded from it containing material for which they or their clients own the license" You mean the copyright holder hacked his way onto this persons computer, looked through the files in said directory JUST to find his one or two copyrighted works? I think THAT is a more offensive act to perform then downloading copyrighted material. lol. crazy. said by FiL :You mean the copyright holder hacked his way onto this persons computer, looked through the files in said directory JUST to find his one or two copyrighted works? I think THAT is a more offensive act to perform then downloading copyrighted material. lol. crazy. Not at all. P2P means "Peer to peer"; you make files available for upload in exchange for the download. That it the underlying basis of P2P "file sharing". If you set up LimeWire at the default setting; if you join a torrent with Azureus, you are explicitly inviting others to check out what files you are working with. "Hacking" isn't necessary at all!
The copyright owners are doing exactly the same thing the file sharers are doing; looking for public shares of files.
I masked the IP addresses in this peer list; but each one of the peers can see my IP address, as well as the file being down/uploaded. This is the risk you take when you run P2P. If you don't want others to see your IP address, you shouldn't run P2P applications.
Significantly, with traditional P2P in the classic Napster model, you have files in a shared directory which is publicly announced to the Internet.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
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K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
1 edit | Were there any enclosures with the letter?
Can you scan it and post it? | |
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| eric87m
join:2003-12-07
Princeton, NJ
| Re: Notice of Claim of Copyright Infrigement letter Thanks for the tips so far.
However, I typed
"notice of claim of copyright infringement" +comcast
in google and looked at the results.
I maybe jumping the gun but it doesn't look like I got in much trouble. It seems they mass email these letters as a scare tactic mostly. Someone even got 25 of them. | |
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| | K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH | Re: Notice of Claim of Copyright Infrigement letter They may be "mostly" a scare tactic.
What did you download? Music? Movie? Tv? Software?
Again, was there anything in the envelope besides a letter from Comcast? | |
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juris doctor
@comcast.net
| Unless you receive an official "pre-settlement offer" you can discard the notification, but stop downloading. If you are not instructed to not dispose of the identified material, you are not restricted from destroying the material or reformatting your hard drive.
My son received an official notification through his university from the law firm representing the artists in the RIAA. This letter indicated that he could pre-settle for $3000 or they would file a John Doe lawsuit and subpoena his university to release his name. The cost to settle then would be much higher. The university indicated that they had not released his name, but would only if subpoenaed. It becomes a game of chance then, pay the $3K, or take you chances that they won't prosecute. All indications are that they are filing suits against the college students demanding $750 per downloaded item.
The letter also directs the recipient to not erase the suspect items under penalty of law.
You can pay the pre-settlement by credit card and having done so, you are instructed to destroy the downloaded material.
So if you have not received a pre-settlement offer, just take it as a warning. | |
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| Apollo729
join:2006-08-28
Avis, PA | Re: Notice of Claim of Copyright Infrigement letter This isn't the same thing, he didn't get a letter from the law offices of Dewey, Cheatem & Howe, all he got was a warning letter. | |
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brianiscool
join:2000-08-16
Miami, FL | Why do you get so lucky? | |
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juris doctor
@comcast.net | I think it was Beta, Skrewem & More.
I said if he didn't get that letter then he should just take it as a warning | |
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81399672
Premium
join:2006-05-17
Los Angeles, CA | just ignore it, riaa and miaa have yet to win a single case in court
--
i am not a lawyer but I do play one on tv | |
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juris doctor
@comcast.net | Re: Notice of Claim of Copyright Infrigement letter But it cost those the beat them big bucks in legal fees. | |
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81399672
Premium
join:2006-05-17
Los Angeles, CA
| Re: Notice of Claim of Copyright Infrigement letter said by juris doctor :
But it cost those the beat them big bucks in legal fees.
once you win, you ask court to force the other side to pay your legal bill
--
i am not a lawyer but I do play one on tv | |
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Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
 ·AT&T U-Verse
| Re: Notice of Claim of Copyright Infrigement letter said by 81399672 :said by juris doctor :
But it cost those the beat them big bucks in legal fees.
once you win, you ask court to force the other side to pay your legal bill In case after case, the RIAA has done everything they can
to weasel out of paying the defendant's court and other
costs when they lose one.
You'll find numerous examples of this and other scummy
behavior on the part of the RIAA's lawyers detailed at Ray
Beckermann's blog, »recordingindustryvspeople.blogspot.com/
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"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot)
We are the Hacker Collective: Resistance Is Futile - All Your AACS Keys Will Be Assimilated. | |
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Nerdtalker
Working Hard, Or Hardly Working?
Premium,MVM
join:2003-02-18
Tucson, AZ
clubs:
| There's really nothing to worry about. People occasionally receive letters along those lines, but nothing ever comes of it, it's never high-profile, and it rarely results in anything serious. Heck, do you have wi-fi? Just say it was someone without authorization that did it; it's called plausible deniability.
I'm serious, Comcast doesn't care what you do, so long as it doesn't degrade other users on your downstream/upstream channel. I know people who have received upwards of three of those things.
I will tell you, however, that replying or calling the abuse department is pretty much an admission of guilt. Bottom line. If you're really still concerned or unsettled, simply nuke the stuff and move on. If you're absolutely paranoid, DBAN your box for a day and stop doing P2P cold-turkey.
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"Some people never see the light till it shines thru bullet holes." -Bruce Cockburn
I'm testing Gmail's spam filters: Broadbandreports1@gmail.com
Spam: 12900+ messages currently using 406 MB. | |
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TOPDAWG
Premium
join:2005-04-27
Midland, ON | OK get a program called PeerGuardian 2 and use a private torrent site. Also don't call anyone or write them back.
You'll be fine nobody is going to sue you right now. | |
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axelrose
Ban Tornadoes
join:2005-05-25
Chattanooga, TN
·Comcast
| I need to pass something on about this issue, see if you remember it.
About 5 years ago a major network did a story about the MPAA and RIAA's efforts to stop piracy. One admitted they had a STAFF of people who would make exact sized kb/mb/GB copies of their own copyrighted material, then upload a junk file or one that would simply display or inform the downloader that piracy is Wrong.
Their goal was to make your chances of getting the actual pirated software/cd/movie a lot lower. One example was a popular Movie at the time. They had uploaded nearly 50% of available copies, each one was a junk file.
I wonder what a jury or judge would think of that practice?
Remember, the REAL 50% of the copies could disappear for several hours since it depends on Peers. This could make 100% of the available copies to be junk files, basically the MPAA or RIAA would be feeding people fake files for hours.
How is that different from cigarette companies dumping FAKE packs of cigarettes inside schools?
Their claim would be ?
Hey , just curious and wondering about this.
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"If you wait by the river long enough, the bodies of your enemies will float by." - Sun Tsu (544 – 496 BC) | |
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MrPeach
@comcast.net | Run Peer Guardian 2. I received 2 of those notices then started running PG2 and haven't gotten another since. | |
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| NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
| Re: Notice of Claim of Copyright Infrigement letter said by MrPeach :
Run Peer Guardian 2. I received 2 of those notices then started running PG2 and haven't gotten another since.
<facetiousness>
I love "post hoc, ergo propter hoc" logic!
</facetiousness>
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Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
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