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Comcast and the DMCA

Discussion in 'Windows - P2P software' started by CamDog, Mar 10, 2004.

  1. CamDog

    CamDog Member

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    Just got a letter in the mail, below is a copy taken all my info out, so you can see it. Is this asking me to respond, or only to remove the works?

    Are they claiming I was uploading this from a server, or just downloading the file?

    This was about 1 week before I started using PeerGuardian, will PG prevent this from happening again?

    If anyone has any info, please let me know if they are wanting me to respond, or if this is just letting me know to delete any material related to the infringed works.

    -thanks,
    CD

    Date :

    Sender Information:
    Comcast Cable Communications, Inc
    Sent by: [Private]
    [Private]
    Cherry Hill, NJ, 08002, USA



    Recipient Information:
    [Private]
    [Private]
    Albuquerque, NM, 87108, USA




    Sent via: postal mail
    Re: Notice of Action under the Digital Millennium Copyright Act

    Abuse Incident Number: 101311
    Report Date/Time: Sun, 9 Nov 2003 14:32:30 -0800

    [private]
    [private]
    ALBUQUERQUE, NM 87108

    Dear Comcast High-Speed Internet Subscriber:

    Comcast has received a notification of claimed infringement made under the Digital Millennium Copyright Act (the"DMCA"). This notification, made by a copyright owner or its authorized agent, reports an alleged infringement of one or more copyright works made on or over Comcast's High-Speed Internet service (the "Service"). The works identified in the notification of claimed infringement are listed below. In accordance with the DMCA and Comcast's Acceptable Use Policy, Comcast requests that you immediately remove the allegedly infringing works from the service or comcast will be forced to remove or block access to the works.

    If you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Comcast. Upon Comcast's receipt of a counter notification that satisfies the requirements of the DMCA, Comcast will provide a copy of the counter notification to the party who sent the original notification of claimed infringement. We will then follow the DMCA's procedures with respect to a received counter notification.

    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 http://www.comcast.net

    Sincerely,
    Comcast Networks and Abuse and Observance Team


    Copyright work(s) identifed in the notification of claimed infringement:
    Title: Along Came Polly
    Infringing Filename: Along.Came.Polly.SVCD.TS-FUjiTiVE
    Infringing FileSize: 1649145397
    Protocol: BitTorrent
    Infringers IP address: [private]
    Infringer's User Name: [private]
    Infringement Timestamp: [private]
     
  2. CamDog

    CamDog Member

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    any clues?
     
  3. safc_66

    safc_66 Regular member

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    Yeah, basically you've been nabbed for sharing said file. Happened to me last year, on the edonkey network. Send off grovelling email to ISP, remove the offending file from shared folder, this is mostly what they are after. Seems like most ISP's don't give a monkeys about the amount ya download, but once you've been captured, they hop on you. Not sure about security aspects of BT, never used it, but Peerguardian does help. Be careful, they'll be watching you for a while.

    Dene
     
  4. CamDog

    CamDog Member

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    thanks for the response, very informative. So do I need to send them an e-mail, or just stop that upload? It looks from the text sent to me, that only need to send an e-mail if I feel i have been wrongly accused?
     
  5. safc_66

    safc_66 Regular member

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    It's obvious to them that you've been nabbed by the company checking up on said file, so stop the upload immediately, if you want to send an email to your ISP it removes the ignorance factor (you're 'putting your hands up', so to speak ). Tell them it was naivety on your part, it won't happen again, etc, etc. Then sort out your security, firewalls and so on. Don't go near BT in particular for a while, in fact it may be better to lay off the fileshare alltogether for a bit. Like i said before, be careful !

    Dene
     
  6. Mattrage

    Mattrage Regular member

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    It is the uploading in particular that can get you nabbed. BT is imho the least secure of all filesharing methods (not to say that I don't use it, I just try to avoid it.) Run PeerGuardian, run eMule's ipfilter.dat, etc. but keep this in mind:

    The only way IP addresses are added to those blocklists are when people are nabbed, are running a connection log, and report the offending IP to the powers that be for PeerGuardian and ipfilter.dat, which is by no means 100% of the time. Also, not all of the IP addresses being used by the companies are static, so they could come at you from out of nowhere at any given time.

    So, lay low, and if you still have to download, fine, but don't upload. Explore leeching methods such as irc in the meantime, where no upload is required.
     
  7. Motomatt

    Motomatt Regular member

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    How about just stop sharing and downloading illegial stuff? I am sure this would fix your problem..

    Matt
     
  8. CamDog

    CamDog Member

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    again, thanks for the information, very informative. (all except for matt, of course I can't stop downloading silly ;)

    thanks
    Cam
     
  9. Motomatt

    Motomatt Regular member

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    I bet you stop when your sitting in court.. Go ahead and keep downloading.. Let me know when you get your notice to appear in court in the mail. You have already been cought once correct? Dont you think it's pushing it a bit continuing to download pirated material? Peer Guardian has to be updated every few days with a fresh list to be totally effective. If they already had my IP and were watching me. I think the "smart" thing to do would be to stop downloading pirated material. Just my opinion though.. Obviously your not smart enough to realize that most people dont get a warning.

    Matt
     

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