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quickstang22$

join:2001-10-18
Loveland, CO

GET OFF WINMX OPENNAP SERVERS ASAP!

Look at the email my ISP got! Please Tell everyone you know. Email to to everyone. I'm getting my DSL shut down because I share files in Winmx

Tuesday, April 02, 2002

New Edge Networks
3000 Columbia House Blvd.
Vancouver, WA 98661 CA

RE: Unauthorized Distribution of Copyrighted Work: Korn

Dear John Masoner:

As you may know, the musical group Korn is currently subject to a recording agreement with Sony Music ("Sony") pursuant to which Sony is entitled to Korn's exclusive worldwide recording services and the exclusive, worldwide right to distribute all audio and audiovisual recordings recorded during the term of that agreement through any and all media, including distribution via the Internet.

We have received information that an individual located at [IP edited out] on your network has offered downloads of the above-mentioned work(s) at the noted date and time through your service. No one is authorized to perform, exhibit, reproduce, transmit, or otherwise distribute the above-mentioned work without the express written permission of Sony., which permission Sony has not granted to the user located at [edited].

The attached documentation specifies the account or username offering this infringing material, the name and size of the file being offered, the number of repeat violations recorded at this specific location, as well as any available identifying information.

We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the site from your system or (in the case of a peer-to-peer service) disable access to this site; or at a minimum delete the infringing files that have been downloaded.

In addition, we ask that you inform the individual(s) involved of the illegality of his or her conduct and confirm with us, in writing, that this activity has ceased.

You should understand that under the Digital Millennium Copyright Act, if you ignore this notice, your company/institution may be liable for any
resulting infringement.

As owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by Sony, its respective agents, or the law.

Also, we hereby state that we believe the information in this notification is accurate, and, under penalty of perjury, that we are is authorized to act on behalf of Sony.

The foregoing is not a full recitation of the facts and law pertaining to this matter, and all of our rights and remedies, including the right to recover monetary damages, are expressly retained.

We appreciate your assistance and thank you for your cooperation in this matter. Please contact us at anti-piracy@sonymusic.com should you have any questions.

In your future correspondence with us, please refer to Case ID 56327.

Your prompt response is requested.

Sincerely,

Anti-Piracy Group
Sony Music Entertainment Inc.
550 Madison Avenue
New York, NY 10022

------------------------------
Infringment Detail:
Infringing Work: Korn
Filepath: C:\My Music\Korn-Follow The Leader\
Filename: Korn -21- Reclaim My Place.mp3
First Found: 4/2/2002 6:06:01 PM EST
Last Found: 4/2/2002 6:06:01 PM EST
Filesize: 6,388k
IP Address: [edited]
IP Port: 6666
Network: OpenNap
Protocol: OpenNap
Username: mountainman34332

Mod Note: IP address edited out to protect privacy

[text was edited by moderator]


crowz28
Marcia Marcia Marcia

join:2001-08-31
Sterling Heights, MI

Thanks Sony!!! I am certianly NOT ok with you scanning people's hard drives with out their permission. Now had it been the ISP that was scanning me I might be irritated but I feel they might have a right to. However, IF I was to scan quickstang45 I would immediatly be repremanded and possibly have my net access taken away. After hearing this I cannot listen to Korn anymore or pretty much any artist on the sony label right now. I'm almost tempted to go threw my CD collect and take any CD with Sony as a publisher and put those CD's up on half.com. I can respect Korn's wishes not to have there music distributed but I can't respect Sony hiding behind cranky old lawyers.
--
so it's the e-mail that's stupid and not you....



Bada Bing
WVU Mountaineers
Premium
join:2001-05-29
Fort Gay, WV

reply to quickstang22$
It's most likely just BS. What will they do take on millions and millions to court I don't think so. The US gov has more important worries to think about than this petty stuff.
--
Web Pages-TLC-HDC



Bada Bing
WVU Mountaineers
Premium
join:2001-05-29
Fort Gay, WV

reply to quickstang22$
I have bought over 600 music CD's, 800 45's records, 400 LP albums, even a few around 25 78RPM LP albums, 500 cassettes, 300 8 tracks in my lifetime. No all but about 75% of all my 1000+ MP3 collection is legally mine. So to h*ll with those greedy b*stards. I'll continue to download my music and I might even stop buying CD's.
--
Web Pages-TLC-HDC



crowz28
Marcia Marcia Marcia

join:2001-08-31
Sterling Heights, MI

reply to quickstang22$
I agree with you Bada Bing. I listen to mostly punk that you can't find in a music store, and metal and some industrial that you can'd find in a record store. Hell I went to Best Buy and "Record Town" and they didn't have ONE CD that I wanted. Heck not even Black Flag, or Wumpscut, or VNV Nation. I had to get VNV Nation at "Hot Topic" woo pee. Anyways the only way I can find music I like now is to buy the CD online or right from the label. I have approx. 291 CD's worth on my linux box (all owned by myself) I find listening to music a heck of alot more enjoyable when I can mix all 291 CD's together and play it on shuffle all afternoon. I hate the fact that Sony is trying to dicate to me what I can do with my own PROPERTY, especially when I am not using this to make money..

sorry, had to say it
--
so it's the e-mail that's stupid and not you....



quickstang22$

join:2001-10-18
Loveland, CO

reply to crowz28
This has me pretty pissed off. My ISP wants my to delete all Korn files from my computer. I will NOT! This is terrilbe. All this over ONE song. I am taking all my CD's down to warehouse music in town and selling them back. Sony music will never get a dime from me. They think this will scare me from getting music? Not at all this just makes me want to download more!



Hall
Premium,MVM
join:2000-04-28
Dayton, OH
kudos:1

reply to quickstang22$
There's a few points I want to respond to so far...

crowz28: I don't think Sony "scanned" anyone's hard drive. They simply typed "korn" into their search field in WinMX and looked up who was sharing the files. If you share files, you're effectively giving people permission to "scan" your drive.

Bada Bing: No one will dispute that the MP3s you have are legally yours. You're allowed to make copies for your own personal use. That's been upheld in court, I believe. You're *NOT* allowed to share them though. This is no different than handing me one of your CDs and telling me to make a copy of it vs going to the store to buy my own copy.

quickstang45 No need to delete any files from your PC. Simply stop sharing them and no one is the wiser that you have them.

You mention that you're losing your DSL... Did you receive a letter from your ISP saying this or what ?? That sucks if so !! Can you post the letter/e-mail they sent ??
--
-= Mindspring MaxDSL via Covad 1536/384 TeleSurfer Pro =-



quickstang22$

join:2001-10-18
Loveland, CO

reply to quickstang22$
This is the email I just got.

To avoid suspension of service, please follow the instructions in the forwarded message -- i.e., delete the infringing files and you must inform us in a faxed letter stating that it is submitted "under penalty of perjury under the laws of the United States and the State of Washington," that the complained of activity has ceased and will not reoccur.



Hall
Premium,MVM
join:2000-04-28
Dayton, OH
kudos:1

reply to quickstang22$
I was curious about something... How did they track who you are ?? A 'whois' in WinMX tells nothing useful.

Nevermind, I know how they did it. The old "netstat" command. I just attempted a download of a Korn song and netstat tells me this:

sacome-cmt1-xx-xxx-xx-xxx.maine.rr.com:6699

(I changed digits to the 'x' in the address)

That 'name' can be further traced to:

24.198.88.xxx
--
-= Mindspring MaxDSL via Covad 1536/384 TeleSurfer Pro =-



turnball
Premium
join:2002-01-16
Saint Paul, MN

reply to quickstang22$
This just goes to show you that you should not share your files then. I guess you need to download them and hide them on your hard drive. How do they know thats actually an mp3 file did they play it? It could be a really huge .zip file that you renamed .mp3 or something...

really though, if winmx is going to do this, I guess you should save your music in c:\somewhere else
and share the folder c:\nothing is in here
--
Over 55 Billion served.



Hall
Premium,MVM
join:2000-04-28
Dayton, OH
kudos:1

reply to quickstang22$

said by quickstang45:
i.e., delete the infringing files ... the complained of activity has ceased and will not reoccur.
Again, you don't have to delete any file other than out of (understandable) spite towards Korn and Sony Music. Your ISP also says "the activity has ceased and will not reoccur" meaning you no longer share the incriminating file.
--
-= Mindspring MaxDSL via Covad 1536/384 TeleSurfer Pro =-


Hall
Premium,MVM
join:2000-04-28
Dayton, OH
kudos:1

reply to turnball

said by tierns:
This just goes to show you that you should not share your files then...
I understand your point, but what if *everyone* does the same ?? No more files to download...
--
-= Mindspring MaxDSL via Covad 1536/384 TeleSurfer Pro =-


shamrin

join:2001-01-08
Lexington, KY

reply to quickstang22$
Wow, these guys aren't just greedy bastards, they are clever greedy bastards. Of course, how simple would it be to write a program to search the PtoP networks, find the "sharers", note their IP, then automatically create a nastygram to their ISP. It might be a little bit difficult (but not impossibly) to get the dial-up users, but scare the bejesus out of the fixed-IP, high bandwidth guys and you start to choke the peering strategy one user or ISP at a time.

Wow.

sch



Omni
Token Psychopath

join:2001-12-03
Iowa

reply to quickstang22$
This is why you should choose your ISP carefully. My ISP wouldnt lift a finger if I were freely distributing copy's of WinXP, let alone mp3's.
--
What is the sound of one WU crunching?



Bada Bing
WVU Mountaineers
Premium
join:2001-05-29
Fort Gay, WV

reply to quickstang22$
So in other words they will not go after the free loaders downloading MP3's just the ones uploading them. What a bunch of sh*t. If no one shares their MP3's no more MP3's to be got.
--
Web Pages-TLC-HDC



Lex Luthor
Premium,Mod
join:2000-09-17
Hicksville, NY
kudos:3
Host:
OptimumOnline
Users find Hot Deals
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reply to Omni

said by Omnireaper:
This is why you should choose your ISP carefully. My ISP wouldnt lift a finger if I were freely distributing copy's of WinXP, let alone mp3's.

BINGO!

Let Sony do what they want, let them try to take you to court. If your ISP succumbs to a request from Sony and tells you they will shut you down, tell them to shove it and go find a new ISP.

Personally, I don't think ISPs should be in the business of trying to enforce the legality of what you send/receive over your connection. I think that could wind up being a huge legal slippery slope for them, if they want to go that route.


Lex Luthor
Premium,Mod
join:2000-09-17
Hicksville, NY
kudos:3
Host:
OptimumOnline
Users find Hot Deals
Users find Hot Dea..
Requests for Hot D..

reply to Bada Bing

said by Bada Bing:
So in other words they will not go after the free loaders downloading MP3's just the ones uploading them. What a bunch of sh*t. If no one shares their MP3's no more MP3's to be got.

Think about it. That's the only thing that makes sense.

If I download a song from a "bot", I could own the song on a CD I purchased and they probably don't have as much of a legal case against me.

If I upload a song to a "bot", I certainly didn't confirm that the "person" I'm sending the song to owns a legal copy of the song and thus more of a clear copyright infringement.


AR
Premium,ExMod 2001-04
join:2000-09-21
Toronto, ON

reply to Bada Bing

said by Bada Bing:
If no one shares their MP3's no more MP3's to be got.

And that is what they want. I think it will take a big court case to determine what we can do with our property and if this kind of bullying is legal.

[rant]As if I didn't hate Sony enough for their crappy DVD players that refuse to play SVCDs. I promise, Sony Electronics isn't getting one nickel out of my money. [/rant]
--
What? Me worry?


AR
Premium,ExMod 2001-04
join:2000-09-21
Toronto, ON

reply to Omni

said by Omnireaper:
This is why you should choose your ISP carefully.

The problem is where you don't have a choice of ISPs.

This is probably a first for a DSL ISP. I have heard of cable ISPs kow-towing to the entertainment industry, never a DSL provider.
--
What? Me worry?


Bada Bing
WVU Mountaineers
Premium
join:2001-05-29
Fort Gay, WV

reply to quickstang22$
For me it's Charter or dialup. I never want to go back to the 15 minutes per song download days again.

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