Omg am I scrwd

[jcruzlara]

I got this letter from my ISP

 

Dear Customer,

 

 

We are writing on behalf of Cox Communications to advise you that we have received a notification that you are using your Cox High Speed Internet service to post or transmit material that infringes the copyrights of a complainant's members. We have included a copy of the complaint letter. Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"), which is codified at 17 U.S.C. § 512, upon receiving such notification, Cox is required to "act expeditiously to remove, or disable access to" the infringing material in order to avoid liability for any alleged copyright infringement. Accordingly, Cox will suspend your account and disable your connection to the Internet within 24 hours of your receipt of this email if the offending material is not removed.

 

 

Please be aware that the DMCA also provides procedures by which a subscriber accused of copyright violation can respond to the allegations of infringement and, under certain circumstances, cause his or her account to be reinstated. To do so, however, the response must meet certain criteria. Pursuant to section (g) of the DMCA (17 U.S.C. § 512(g)), you have the right to submit to Cox a counter-notification which, to be effective, must include the following elements:

 

 

(a) a physical or electronic signature of the subscriber;

( identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

© a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(d) the subscriber’s name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located.

 

 

In the event that you submit to Cox a counter-notification that includes these elements, Cox will forward your counter notification to the complainant and advise them that Cox will cease disabling access to the allegedly infringing material in ten (10) business days. Unless the complainant notifies us that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity prior to the expiration of those ten (10) business days, Cox will reactivate your account.

 

 

For answers to frequently asked questions, please follow the link below:

 

 

http://support.cox.com/sdccommon/asp/conte...b9-618ea54d1791

 

 

Sincerely,

 

 

Cox Customer Security

 

--- Original Message ---

 

-----BEGIN PGP SIGNED MESSAGE-----

Hash: SHA1

 

Entertainment Software Association

575 7th Street, NW, Suite 300

Washington, DC 20004 USA

 

Attention: Intellectual Property Enforcement

Telephone: 202-223-2400

E-mail: esa@copyright-compliance.com

 

25 Sep 2006 13:20:49 GMT

 

 

ISP: Cox Communications

ESA Reference Number:

 

Dear Cox Communications:

 

The Entertainment Software Association (ESA) is a U.S. trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet in the United States and in other countries (collectively referred to as ESA members). ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein.

 

ESA is providing this letter of notification to make Cox Communications aware of material on its network or system that infringes the exclusive copyright rights of and is unlawful towards one or more ESA members.

 

Through the Berne Convention and other international treaties covering intellectual property rights, ESA believes that its members' rights in such entertainment software products are entitled to the full protection of the intellectual property law as well as other relevant laws of your country.

 

Based on the information at its disposal, ESA has a good faith belief that the IP address below infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright, or offering for sale or download material that is the subject of infringing activities. The copyrighted works that have been infringed include but are not limited to:

 

Title: Need For Speed

Infringement Source: BitTorrent

Infringement Timestamp: 25 Sep 2006 13:15:05 GMT

Infringement Last Documented: 25 Sep 2006 13:15:05 GMT

Infringer Username:

Infringing Filename: [NewTorrents.info]_Need.For.Speed.Most.Wanted.Black.Edition-RELOADED/rld-nmwd.rar

Infringing Filesize: 193413845

Infringer IP Address:

Infringer DNS Name:

Infringing URL:

 

 

 

The unauthorized copies of such game product(s) or the material that is the subject of infringing activities appears on or is made available through the above-listed IP address. Those items are listed and/or identified thereon by their titles or variations thereof, game-related listings/references/descriptions, or depictions of game-related artwork. Such copies, titles, game-related listings/references/descriptions, depictions, and material that is the subject of infringing activities, are hereinafter referred to as "Infringing Material."

 

Accordingly, ESA hereby requests Cox Communications to immediately do the following:

 

1. Notify the account holder of the Infringing Material.

2. Remove, or disable access to, the Infringing Material detailed above.

3. Take appropriate action against the account holder under your Abuse Policy/Terms

of Service Agreement, including termination of a repeat offender.

 

Please inform us whether you will remove or disable access to the Infringing Material as requested. Cox Communications or the account holder may contact ESA at the above-listed contact details, with email preferred. Please include the above-noted Reference Number in the subject line of all email correspondence.

 

Thank you for your cooperation and prompt response in this matter.

 

Sincerely,

 

Intellectual Property Enforcement

Entertainment Software Association

 

 

and i really don't get wot i have to do im really fing scared right now am i getting sued?? wots going to happen??

[mifki]

Your gonna get locked up and become somebodys {censored}.

 

 

 

 

 

 

I still dont see how it is legal that they collect all that info about you.

 

Nah all you have to do is remove the offending material, say it wont happen again then geta new ISP (you dont have to get a new ISP but i stillwould)

[sadiekiller]

I didn't quite have the same expreience, but i did have my ISP hold my connection hostage once. I was using bittorrent a bit too much during daytime, and my IPS, being small, noticed a slowdown in their network. they basically slowed my connection from 1500 to about 100, and never told us untill we called to complain. we still use the same ISP, but i've been told to only use filesharing between 8:00PM to 6:00AM. they were pretty forgiving, but i have yet to go anywher near the extent that i was using then. if they drop us, then my parents and siblings loose their primary e-mail adresses. so ya. just say you wont do it, and lay low for a while.

[Swad]

Wow. Well, you're not screwed, but they definitely caught you. If it went to court you'd probably win, since IP addresses aren't unique to you (someone could have mysteriously hopped on your wireless network, etc), but it'd be pricey (and there are several important cases pending).

 

Just make sure you're not sharing the file anymore. If I were you I'd burn it to a DVD, hide the DVD, and then secure delete the file from your HD. That's overkill, but it eliminates the evidence.

 

Just out of curiosity, what site did you download the file from?

[Ouch]

Relax, and take a deep breath. Nobody is about to come knocking at your door to cart you off to prison.

 

That's your bog standard Digital Millenium Copyright Act notification. All it is requiring you to do is remove the offending material from public avilability over your connection and notify your ISP when you have done so.

 

The last thing your ISP wants to do is disconnect you - after all you are a paying customer and half the people on the planet have broadband connections for the purpose of downloading illicit copies of software/movies/music etc.

 

So switch off bit-torrent, and don't be a bad boy in future. Think of it as an electronic slap on the wrist.

 

(Incase you were confused by the whole "Counter-Notification" thing - it only applies if you wish to continue sharing files that you do not believe the complainant has a legitimate copyright claim too. In this case they clearly do so don't worry about that section.)

[jcruzlara]

OK thanks i switched it off already and ill just buy stuff from now on thanks you guys that thing really scared me. I was using one from the pirate bay by the way I remember I didn't want to use one from demonoid because I was too lazy too. Does it matter witch one I used? and yea ouch you were right about the Counter Notification.

[Technobob]

I love receiving these threats, they make me laugh so much. They threaten me under the DMCA a law that is not enforceable here.

[jcruzlara]

Ok well I called my ISP they had no clue wot I should do. The guys just told me to reply and ask if there will be more legal issues or if it was just a warning. I told him a friend told me that someone could have used my wireless connection to download something. He told me to include that. What do you guys think will happen?

I don't want a new isp they're giving 1.6 megabit download for 20 bucks

[johnniecarcinogen]

It is nothing they can prove. Like mash said your ip is not unique to you, your neighbor could be on your wireless network and he could have been the one that downloaded Need for Speed.

 

Deny that you even know what that is (even if they say they have your mac id etc and know it was you). But I doubt they will take any legal action unless you admit to it and they want to use you as an example.

 

What bittorrent client do you use? (for legal torrents ofcourse.)

[quixos]

this happened to me before i started using PeerGuardian to block half the internet.

 

seemed to me that there were so many people downloading it would be easier for them to follow through with legal action with those that responded, than waste time tracking down people who didn't. it's like shooting ducks in a barrel after all. and, letters

get lost.

 

so i just threw my letter away. that was the end of it.

 

three years ago, Comcast.

 

edit, by the way, if i'd gotten a second letter, i would have dealt with it.

[jcruzlara]

Well I tried replying to the letter but i got some server error. I just started using utorrent to download diggnation and all my legal torrents you know. But yea so now im stuck trying to decide to either send them an email telling them whats going on or just not replying.

[Swad]

Yeah, no reply is really needed. BTW, usenet is a lot safer than torrents if you still need your fix...

[OryHara]

Wow. Well, you're not screwed, but they definitely caught you. If it went to court you'd probably win, since IP addresses aren't unique to you (someone could have mysteriously hopped on your wireless network, etc), but it'd be pricey (and there are several important cases pending).

 

Just make sure you're not sharing the file anymore. If I were you I'd burn it to a DVD, hide the DVD, and then secure delete the file from your HD. That's overkill, but it eliminates the evidence.

 

Just out of curiosity, what site did you download the file from?

Mash you are right. The ESA would have to PROVE in a court of law that the material was infringing their copyright. And they mostly have a fat chance in hell of doing so. I would relay that info to Cox. If they disconnect you without proof, then cox can be held liable in a court of law as well. At least thats the way it is in the U.S.

 

I get those letters all the time. You know what I do with them? Wipe my ass with them, and send it back to them with the stench still attached.

 

Step 1: Give a lawyer $100 and let him write a threatning letter to Cox, and the ESA.

Step 2: Register coxsuxcox.com, and slam them by posting the letter on it.

 

Lawyer. $100

coxsuxcox.com $35

Seeing the look on Cox's CEO's face. Priceless.

For some things money can't buy, for everything else, there is BastardCard.

 

EDIT: One more thing. If you don't live in the U.S. (Coc...Cox is in canada right?) you have nothing to worry about for DMCA {censored}. The DMCA doesn't exist in Canada. You could tell them to to f*** themselves really.

[jcruzlara]

ok awesome so i don't need to reply but acutaly cox is in the usa, i live in omaha nebraska. thanks for the help you guys

[OryHara]

ok awesome so i don't need to reply but acutaly cox is in the usa, i live in omaha nebraska. thanks for the help you guys

One more thing. I believe you could 'probably' get them under stalking and harrassment laws. If they connected to your machine without your permission, that is a violation of the Computer Fraud and Abuse Act of 1986. There are a dozen different things you could get THEM for. IANAL but I would ask one, if you want to fight them. I don't walk away from legal fights. But thats me.

[TopazBar]

I'm such a torrent noob. I have more questions than answers.

 

How did ESA get your IP and email address? Can they setup torrent traps w/o Pirate Bay's cooperation? Isn't Pirate Bay off USA?

[jcruzlara]

Ok well I think im just not going to get into legal issues because we're like poor... we can't afford all of that but thanks anyways now if they do sue me I would fight back.

[OryHara]

Ok well I think im just not going to get into legal issues because we're like poor... we can't afford all of that but thanks anyways now if they do sue me I would fight back.

Keep that spirit. Don't let those dirty bastards ruin your day.

[Dr. Evil]

I'm such a torrent noob. I have more questions than answers.

 

How did ESA get your IP and email address? Can they setup torrent traps w/o Pirate Bay's cooperation? Isn't Pirate Bay off USA?

 

I really doubt pirate bay would release any records of who is downloading what to DMCA or anyone else - just look at the responses the site owners have written to the letters the get from RIAA, Apple, MS etc...hilarious stuff.

http://thepiratebay.org/legal

 

I think they were based in sweden originally (which was immune from this {censored}) but i think i read somewhere they moved servers to the netherlands.

 

Anyway, your ISP will gladly hand logs of your activity over to large intimidating bodies such as RIAA. Christ, let's not start talking about the whole phone tapping scandal going on, enemy of the state stuff!

[sotl]

I really doubt pirate bay would release any records of who is downloading what to DMCA or anyone else - just look at the responses the site owners have written to the letters the get from RIAA, Apple, MS etc...hilarious stuff.

http://thepiratebay.org/legal

 

Funny indeed!

 

"> Dear Mr. Neij:

>

> It has been brought to the attention of Electronic Arts Inc. ("EA") that

> the website http://www.piratebay.org with the IP addresses of

> 217.75.120.115, 217.75.120.116, 217.75.120.118 is conducting

> unauthorized activities with respect to EA's copyrighted software, The

> Sims 2. The aforementioned website is offering and distributing

> bittorrent seeds for an unauthorized downloadable version of this EA

> game.

 

Hello and thank you for contacting us. We have shut down the website in

question.

 

Oh wait, just kidding. We haven't, since the site in question is fully

legal. Unlike certain other countries, such as the one you're in, we have

sane copyright laws here. But we also have polar bears roaming the

streets and attacking people :-(."

[aberracus]

im sure this file

Infringing Filename: [NewTorrents.info]_Need.For.Speed.Most.Wanted.Black.Edition-RELOADED/rld-nmwd.rar

isnt copyrighted by them

 

how can they prove its a game? they downloaded it?

 

whatever until you finsh downloading it you havent infringed any copyright, just disconnect your router trice during the software download and your IP will never download the full infringing software.

 

hahaha

 

Amerikans are really losing rights day a day

[rollcage]

I'm such a torrent noob. I have more questions than answers.

 

How did ESA get your IP and email address? Can they setup torrent traps w/o Pirate Bay's cooperation? Isn't Pirate Bay off USA?

 

some companies that own the stuff getting pirated have started to hire third parties to investigate the piracy of their software /games/music/movies/etc. the companies hook up to a torrent, and then monitor the ip addresses of other people using that torrent. they get enough evidence, get your isp to hand over your personal information based on that evidence, and then you get a letter in the mail...

 

it's all quite sneaky, i'm still trying to figure out how it's legal, maybe it's like the NSA tapping our phones? cause terrorists use pirated software to plan attacks....

[TopazBar]

some companies that own the stuff getting pirated have started to hire third parties to investigate the piracy of their software /games/music/movies/etc. the companies hook up to a torrent, and then monitor the ip addresses of other people using that torrent. they get enough evidence, get your isp to hand over your personal information based on that evidence, and then you get a letter in the mail...

 

it's all quite sneaky, i'm still trying to figure out how it's legal, maybe it's like the NSA tapping our phones? cause terrorists use pirated software to plan attacks....

I see. So basically, they setup a bait for you to bite...sneaky.

How does Peer Guardian, for example, protect one if one chooses to bite?

[asap18]

from known riaa or mpaa files reported by users, and their ip adresses

[TopazBar]

Ok, so this is on-going cat and mouse game...